Building a Defense For Second DUI Offense Charges in Anne Arundel County

Building a defense for second offense charges is no different than for any other type of DUI charge. Prosecutors need to prove their case, and they have to prove that you were under the influence of alcohol, that you were driving and that this is going to be proven beyond a reasonable doubt. You and your Anne Arundel County DUI lawyer are also looking at evidence from the stop of the vehicle, the officer’s first contact, the standard field sobriety tests, and the scores of f a breath or blood test if they were submitted. You will look at every bit of detail in the case, including the officers that would need to testify, the chemists that would need to testify, anyone who has had handled any of the evidence in this matter would be subpoenaed to court. Again, it is the state’s job to prove this beyond a reasonable doubt for any type of DUI charge whether a second offense or not.

Evidence Used in 2nd Offense Cases

The number one piece of evidence you look for is where and when did the officer come in contact with you and whether it was a general traffic stop or a checkpoint. How first contact is made is very important and how the situation went from a traffic citation to someone suspecting you may have been under the influence.

In addition, you are looking at the officer’s statements. Did the officer observe an odor of alcohol coming from the vehicle? Was it coming from the person or more specifically the breath of the person? Were you able to hand over any requested documentations such as your license and registration to the officer with ease or did you fumble for it and hand them the wrong cards? Did you step out of the vehicle cleanly or were you holding on to the car?

How did you perform the standard field sobriety test? Were they performed properly or did the officer not give you directions that were proper? Those are very uniform tests. What were the testing results? Were there videos or audio evidence?

There is a lot that goes into building a case and you have to really dig into it and look at every single bit of evidence in detail.

Difference Between Defending 1st and 2nd Offense Charges

There is no difference between a first or second DUI in terms of the defense. The same elements need to be proved for a DUI conviction, regardless of how many times you have been charged with it. It is always the same element that you are looking for in the State’s case, each of which must be proven in court. The penalties increase but other than that you should address the case very much the same way.