Defenses Against Baltimore Third-Offense DUI

Being charged for a third-offense DUI is a serious matter in Baltimore. Because these types of charges will be on your permanent record, it is important to have a knowledgeable Baltimore DUI attorney help you create a defense to minimize penalties and have the most desirable outcome.

Building a Defense for a Third DUI in Baltimore

To handle a third-offense DUI case, it is important for an experienced Baltimore DUI lawyer to attack the elements of the state’s case. The state needs to show certain things in order to get a conviction. For one, they need to prove that an individual was operating a motor vehicle, so in some cases, you may challenge that—for instance, if the individual was not driving and was just using the car for shelter.

Also, the state has to prove that the officer had reasonable suspicion to pull the vehicle over, so a DUI defense attorney may challenge that by saying that the reason for the stop was fictitious—that the driving behavior that the officer claims to have observed did not actually happen. That can be greatly effective if there’s a video of the stop that shows the discrepancy between the police report and the actual events. You can also challenge the reason that the officer effectuated the arrest—the probable cause.

Finally, it may be possible for a lawyer to challenge the admissibility of the chemical test. Maybe certain procedures were not followed or certifications were not present in court. Basically, a lawyer for a third-offense Baltimore DUI charge will look at every part of the case. He or she will try to take it apart and find some way to keep that evidence from being considered by the judge or the jury.

Defending a Third-Offense v. First-Offense

The stakes are significantly higher on a third DWI. On the third-offense DUI, there is a real possibility of incarceration if convicted, and there’s also a significant possibility of loss of license and a long period of probation. A Baltimore DUI attorney will try to build a defense to minimize penalties because all of this can have a major effect on somebody’s life.

The elements that the state needs to prove for a third offense are exactly the same as those for a first offense. From a technical legal perspective, there’s not a lot of difference in defending a first-offense versus a third-offense DUI. A lawyer is still challenging the same elements, using the same rules of evidence and following the same rules of procedure.

Hiring a Baltimore DUI Lawyer for a Third-Offense

Two things are extremely important when hiring an attorney in any kind of criminal case. One is an understanding of the relevant area of law. If you’re charged with a third-offense, you want to talk to a lawyer who has handled a lot of DUI cases and really understands the penalties and nuances of DUI law.

The other area which is equally important is having a lawyer who understands the jurisdiction where the case is going to be heard. Having a lawyer who knows the judges, the prosecutors, and the process that is unique to Baltimore improves your chances of getting your case resolved in a satisfactory manner.