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Building a Defense For DWI Charges in Prince George’s County

Although slightly less severe than a DUI charge, DWI charges in Maryland still have to potential to cause long term damage to your life. Therefore if you have been charged, it is imperative you consult with an experienced Prince George’s County DWI lawyer as soon as possible and begin building the strongest defense possible.

Below is information about what goes into building a defense for DWI charges and what factors you should consider when attempting to clear your name. For more specific information regarding your case, call and schedule a consultation with an attorney today.

Steps To Building a Defense For DWI

In building a defense an attorney will look at the actual factors that strengthen the prosecutor’s case against the defendant. The prosecutor has to prove that you met all the elements of being under the influence or driving while impaired, so they would look to evidence from the  traffic stop, the officer’s first contact with you, the results of the standard Field Sobriety Tests, the breath or blood testing, and anything that connects the dots.

The questions that most attorneys would consider in building the defense case are as follows:

  • Did they have a justifiable stop?
  • Do they have reasonable, articulable suspicion?
  • Do they have breath test results or was there refusal?
  • Was there any misconduct?
  • Was the investigation done thoroughly?
  • Were they inconsistent in what they said?
  • Was the training for the officers who conducted the Field Sobriety Tests in compliance with NHTSA’s regulations and standards?

If any of these questions bring up irregularities or incorrect conduct then that can be used for the defense.

Important Factors To Consider in a DWI Case

The first thing you want to know is why the person was stopped. If the car happened to sway one time and touched the line, and that was the reason for the stop, then that is not a good reason to stop a vehicle. There is also case law that supports that position. Hundreds of DUI cases are argued every week; there is precedent in the Maryland courts, including from the Court of Appeals and other higher courts in the Fourth Circuit as well as Supreme Court, that clarify what  acceptable reasons are for officers to stop you.

If, as an attorney, you are keeping up with case law and the DUI laws, you know what should be part of a first contact, a first stop of the vehicle and the officer’s immediate approach to the vehicle and contact with the driver. The case law clearly states that there are some reasons that are not acceptable for a traffic stop and that is one point that can be argued in a case.