If he is accused of driving under the influence of substances or drunk driving in Maryland, you have to know the offense. And it has to consult with a lawyer Maryland DUI. Even though this was his first offense, to a significant fine, loss of your driver’s license and a possible period in jail would face.
A case of driving under the influence of substances or drunk driving involves many legal elements. This summary explains three ways in which the Commonwealth of Maryland can prove that you were intoxicated. Most cases combines one or more different factors to meet the burden of proof from the government.
BEHAVIOR BEFORE STOPPING
The erratic behavior in the handling or driving unsafely is usually the first thing an official note about you. Although this is normally used to show that the officer had probable cause to stop you, also it can be used as evidence of intoxication. If the agent (or other witnesses) testify that you were zigzagging between lanes, driving erratically or other strange behavior, it is important to see if there is any way to refute the testimony.
Do you really was driving erratically? How is insurance agent who was his vehicle? Was there any reason besides alcohol that explain your behavior? These and other questions are points to meet with his lawyer.
FIELD SOBRIETY TESTS (FST)
Like its driving behavior, the field sobriety tests have a dual purpose: to determine whether there is probable cause for an arrest and prove that you were drunk. What many people do not know is that field sobriety tests are not indisputable.
Only four tests have been scientifically studied to determine whether they indicate intoxication. In addition, these tests should be performed using the same procedures as studies or no way to know if they are accurate.
Depending on the formation of the agent, which happened on the scene and the specific tests used, could be effective ways to cast doubt or make the test set of evidence are excluded.
ALCOHOL TEST BLOOD / BREATH
One of the safest for to prove a charge of driving while intoxicated ways is with a blood alcohol test or breath. But these tests do not are perfect. Numerous factors carefully study and examine at trial, such as:
- Test procedures. Each alcohol test method must meet specific procedures established by the Department of Forensic Sciences Maryland. If these procedures are not performed correctly could create doubts (or even override) about the results of the alcohol test.
- The operator of the breath test must be properly trained and licensed. Licensing issues may invalidate the certificate of the breath test.
- Certificate errors. Certificate breath alcohol analysis can be admitted as evidence of intoxication, but only if it is accurate. Errors in the certificate may exclude him from his trial.
If the Commonwealth introduced successfully tests his blood alcohol content or breath, that does not automatically mean you were drunk. It simply means that the Commonwealth is entitled to the presumption that you were drunk. Your lawyer can refute (dispute) the presumption if there is affirmative evidence that you were not drunk at the time.