Prosecution of DUI Cases in Baltimore

Baltimore takes DUI cases very seriously and are therefore extremely unlikely to dismiss these types of cases. In addition, someone charged with a DUI in Baltimore can expect for prosecutors to treat these offenses very seriously and present all available evidence in order to attempt and get a conviction. For these reasons, it is important if you are charged you consult with a Baltimore DUI lawyer as soon as possible to discuss your case and begin building a defense. An attorney can help build a defense based on the specific facts of your case and ensure that your legal rights are protected.

What Needs to Be Proven

A prosecutor needs to prove all of the elements of driving under the influence in a Baltimore DUI case. They need to prove that the individual was operating a motor vehicle and was in actual physical control of the motor vehicle. Then the prosecution will have to prove either significant impairment or that the individual’s breath alcohol content, as measured by a validly administered test of the breath, was 0.08 or higher.

There’s also two alternative ways a DUI can be proven in Baltimore. They’re encoded in separate parts of the traffic code. A standard DUI is a violation of 21-902(a)(1). With that, the state needs to prove a subjective impairment on the part of the defendant. DUI per se, on the other hand, doesn’t require that the state prove the individual was drunk. Rather, it says that to operate a motor vehicle when an individual’s breath alcohol content is 0.08 or higher is in and of itself a violation of the statute. Essentially, if the state can prove a breath test of 0.08 or higher and they can prove driving, that’s all they need to prove a DUI per se. They don’t need to show that the individual was actually drunk at that time. Those are the two alternative ways that the state can prove DUI in Baltimore County.

Evidence in DUI Cases

The primary evidence in a Baltimore DUI case consists of officer testimony. The officer that initially stops an individual’s vehicle is going to testify as to why they stopped the vehicle and the contact they had with the individual driver. That can include observations of the driver’s mannerisms, the way the driver answered any questions, or difficulty retrieving paperwork.  The officer will then testify as to the driver’s performance of the standard field sobriety test and subsequent arrest of the suspected DUI driver.

If the individual submitted to a breath test, the state will also call the officer who conducted the breath test, as long as a request is made for the presence of that officer. That officer will then testify as to the administration of the test and all of the evidence that goes into admitting a breath test. If there are civilian witnesses to the stop or if there was an accident, then the state may also call those civilian witnesses to testify to the driving behavior if an officer didn’t actually see the driving.