Building a Defense For DUI Drug Charges in Baltimore
The first thing someone accused of driving under the influence should know is the importance of contacting a Baltimore DUID attorney as soon as possible after they are arrested. There are certain timelines which begin running once an individual is charged with this offense. Depending on what happened with the request for chemical blood analysis, the individual will need to request a hearing for their license.
Then there is a short period of time until the case is set for trial, where the attorney will want to gather evidence in the case. Alternatively, if possible the attorney may ask the client to submit to another blood test to prove lack of impairment or lack of chemicals in their bloodstream.
Potential Defense Strategies
There are a number of defense strategies a DUI attorney may be able to use help those accused. These include either attacking the element’s of the state’s case or presenting an affirmative defense depending on the results. For an example, an affirmative defense could be that somebody slipped a drug into your drink causing involuntary intoxication. Depending on what drugs are in your system that is certainly a possible defense.
An attorney can also challenge the elements of the state’s case. If there is an issue regarding driving, you are going to challenge it. If there is an issue regarding probable cause for the officer to arrest, you are going to challenge that. You are going to challenge chain of custody or any other thing you can use to get the chemical test suppressed. You are also going to challenge the validity of the DRE’s opinion, specifically in drug cases. Those are all avenues to attack drug DUI charges in Baltimore.
Are There Situations Where Someone Was Accidentally Impaired?
An individual is taking pain medication which contraindicates consumption of alcohol, but they are not paying attention and are not aware that they should not have anything at all to drink when they are taking that medication. Instead of the one or two beers they drank having a negligible effect on their level of impairment, it has a significant effect on the level of impairment, causing them to get a DUI drug 21-902(c) charge.
How DUID Cases are Litigated
Exactly the same as any other type of DUI, meaning that the state still has to prove that the individual was operating the motor vehicle and there was some type of impairment, which they will usually do via officer testimony. The officer testifies about how that individual did on the field sobriety test, how they were driving, and how they interacted with the officer. The state will then also try to submit the DRE interview, if there was one, as evidence of impairment. Then if there is any kind of chemical test, the state is going to submit that as evidence as well.
Benefit of An Attorney
An attorney can be extremely valuable for someone who is charged with impaired driving. An attorney can advise you what you need to do to keep your driving privileges or to minimize the likelihood of losing your driver’s license.
An attorney can advise on defenses for your case in court or can present mitigation to the court to show why they should go easier on you in terms of sentencing. An attorney can advise you which drug or alcohol education programs would be appropriate in a case like yours. An attorney really can explain the entire process to you and answer any questions you have.