When you are charged with a DUI, there are myriad of decisions that have to be made by you and your attorney. One of the most important decisions is whether or not you should fight the charge or plead guilty.
An important factor in determining whether or not you should plead is if there are signs that the case against you is weak. If the arresting officer did not follow proper procedure when testing your sobriety or if laws were not technically broken, then you should absolutely consider fighting the charge because your probability of having the case against you thrown out or dismissed is high. However, if you’re caught dead to rights with all procedures were done correctly, and there is no wiggle room to dispute the claims, then your best option may be to plead guilty or no contest, so that we can negotiate a better bargain for you
Viable defenses against an Annapolis DUI charge
Likely, especially if this is your first offense and/or no one was harmed, there are plenty of routes to take in your defense. Your lawyer will talk with you privately and in detail, and find the best arguments to make during your trial.
An experienced DUI lawyer will likely bring up these arguments in your defense:
- The police stopped you without reasonable grounds.
- Standard sobriety tests were not offered.
- When offered, the sobriety tests did not follow proper procedures.
- Were you the driver of the vehicle at the time? Without evidence, there’s no way to tell.
- The breathalyzer test machine was not licensed, validated, or inspected.
- The breath test machine is inherently unreliable.
- The police failed to obtain a warrant before having you take a blood test.
- If you refused to take a breath test, then the refusal by itself doesn’t mean you were driving while intoxicated.
- The police failed to explain the consequences for refusing to take a breath test.
- Other reasons other than alcohol caused the breath tests to be high.
- You were not read your Miranda rights before the officers began questioning you.
- You were coerced or threatened into talking/confessing.
If any one of these defenses rings true to the judge, then your case may be dismissed.
The importance of being quiet
You know the Miranda Rights? If you are being arrested, the police have to read them to you, and they go like this: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
It is important that you answer that last question as “No” and then request a lawyer, because anything you do say to them absolutely will be used against you, even if you think you are denying the charge. Asking for a lawyer does not make you guilty. It makes you smart. It is the first step toward getting the charges against you dropped. Do not let the police pressure you into speaking. Though, if you feel like they are trying to coerce you into speaking, that can be used against them during your defense, and you should tell your lawyer about that.
If the police do not read your rights to you at all, or they get you to speak without reading you your rights, this can be used to throw the case out, and you should tell your lawyer as such.
When should I plead guilty to a DUI charge in Annapolis?
The short and clear answer is never, unless told to do otherwise by your lawyer. There are more reasons than not to fight against the charge. It is well known that it is difficult to prove that someone was driving under the influence, especially if you keep quiet after being arrested for the offense. While it is important to do as the officers tell you to do (though you can refuse to take breathalyzer tests or sobriety tests), such as comply when being arrested, you do not have to answer any questions about the crime you’re being charged with.
Breath tests are notoriously prone to error, so even if you gave the police a breath test, it is not solid proof that you are guilty. The fact is that a lot of DUI charges are based solely on the arresting officer’s judgment – their opinion of whether you looked and seemed drunk at the time of the arrest. That is of course subjective opinion. Prosecutors often only have a strong case when the defendant confesses to the crime or enters a guilty plea. Pay attention and stay quiet when getting arrested. You are far from being convicted of anything until the verdict is read.
If you have been or ever are arrested and charged with driving under the influence, it is necessary that you contact an Annapolis DUI defense lawyer as soon as you can – frankly, as soon as you are brought to the police station. At Drew Cochran, Attorney at Law, our team has the skills and knowledge to see where law enforcement has made mistakes, or where the prosecution’s case against you is weak. We want to fight for you so that you are not punished unfairly for something you may not have even done, or for the mistakes of law enforcement. To schedule a consultation at our office in Annapolis or Ellicott City, please call us, or complete our contact form.
Just remember: Keep Calm – and Call Drew.
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