DUI DEFENSE – VIRGINIA & MARYLAND
Driving under the influence of alcohol commonly referred to as DUI (driving while intoxicated, drunk driving, operating under the influence, drinking and driving, drink-driving, “‘impaired driving'”) or other drugs, is the act of operating a vehicle (including bicycle, boat, airplane, wheelchair, tractor or horse) after consuming alcohol or other drugs. It is a criminal offense in Virginia & Maryland.
Have you been charged with a DUI in Maryland or DUI in Virginia?
Are you facing a DUI charge in Maryland or Virginia?
If you need help to defend yourself against a DUI charge in Maryland or Virginia, then contact the SRIS Law Group Virginia or Maryland DUI defense lawyers for help.
Client meeting locations in Virginia are in Fairfax, Manassas, Richmond, Loudoun & Virginia Beach and in Maryland in Rockville & Baltimore.
Our Maryland & Virginia DUI defense attorneys will do their best to help you.
A car driver charged with a DUI or DWI (the actual charge commonly referred to as “drunk driving”) has a few different options when it comes to defense installation. There are some positive defenses in very rare circumstances, even if evidence supports otherwise. But it is common to defend a DUI charge by attacking the officer’s observations of what happened before arrest or challenging the integrity of the evidence, such as the accuracy of the breath test. The laws of the relevant state (DUI) differ and the situation of all has different facts, so it may help in consultation with a lawyer.
Positive response to DUI charges:
- Necessity – when a person must lead to prevent greater evil. The driver must prove that he has no other options and that the “biggest evil” they want to avoid is more dangerous than the potential damage caused by DUI
- Compulsion – When the defendant pays in order to avoid serious injury or death, he or she will do so under stress. For example, someone carries a drunken person to command by threatening to use force.
- Obstruction – When an officer somehow encourages a car driver to become intoxicated or drive while under influence that is DUI, the trap is referred to. The criminal must also be able to demonstrate that he will not be prepared to drive drunk if not because of the alleged violation.
- Factual Error – When a person has an honest belief that he or she is not intoxicated. For example, there is a good reason to believe that the dysfunction of a single prescription drug is over.
- Involuntary poisoning – when a person has taken alcohol without his knowledge. For example, friends have forced him or her to do that.
Violations of rules of evidence and procedures: Finally, there are many DUI defenses that may not arise until the actual day of trial, including violations of state rules of civil procedure and evidence. This broad category includes rules against rumors, the introduction of incorrect evidence of character, and the use of unregistered documents, recordings or images.
For example, the prosecution may attempt to provide evidence on a police video that allegedly derives from the dashboard camera an officer present in the criminal field probing test. However, the prosecution must extract a certificate from the officer who was, in fact, present at the time of the vest, that the individual featured in the video is the defense, and that the recording of the registration occurred on the date and time confirmed by the prosecution. Otherwise, the video will be excluded.
Medical conditions:
If you have a medical condition, this can sometimes not only create the appearance of alcohol but can even deflect the results of breathing test on the side of the road. Fatigue or neurological problems can cause chattering speech, while allergies, sinus problems, and crying can cause watery eyes. Moreover, the “smell of alcohol” on the breath can be derived from the side effects of diabetes known as ketosis, which involves the fermentation of glucose into the bloodstream, creating an alcohol odor effect. Ketosis can also cause someone otherwise discreet to record the presence of alcohol on a breathing test. Consult an attorney to get rid of DUI and having a strong defense.
The following are some of the laws in VA & MD:
- Virginia Code 18.2-266. Driving motor vehicle, engine, etc., while intoxicated, etc.
It shall be unlawful for any person to drive or operate any motor vehicle, engine or train (i) while such person has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath as indicated by a chemical test administered as provided in this article, (ii) while such person is under the influence of alcohol, (iii) while such person is under the influence of any narcotic drug or any other self-administered intoxicant or drug of whatsoever nature, or any combination of such drugs, to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, (iv) while such person is under the combined influence of alcohol and any drug or drugs to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely, or (v) while such person has a blood concentration of any of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter of blood. A charge alleging a violation of this section shall support a conviction under clauses (i), (ii), (iii), (iv), or (v).
For the purposes of this article, the term “motor vehicle” includes mopeds, while operated on the public highways of this Commonwealth.
- Maryland Code 11-174.1. Under the influence of alcohol per se.
(a) Under the influence of alcohol per se.- “Under the influence of alcohol per se” means having an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
(b) Measurements.- If the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.