In a DUI case, the prosecutor needs to prove beyond a reasonable doubt that the person was driving or attempting to drive a motor vehicle on a public roadway in the State of Maryland while under the influence of alcohol or drugs. If you have been charged with a DUI, you should reach out to an accomplished DUI attorney today. A seasoned lawyer who is knowledgeable about prosecuting Maryland DUI cases could advocate for you and build a strong defense.
Maryland prosecutors take DUI cases seriously and prosecute them vigorously. There may be some variance among different jurisdictions through different counties but, across the state, driving under the influence is a somewhat common offense. Due to the nature of the offense, it is considered a public safety issue because of the inherent danger of driving a vehicle while intoxicated can present to the driver and anyone else on the road. The scope of that danger–everyone who drives through highways with other drivers–and the threat posed by an intoxicated driver affects the public. For this reason, a DUI offense is taken very seriously by the government.
The evidence that is presented when prosecuting Maryland DUI cases must establish that the defendant was driving the vehicle or attempting to. Most often, the evidence is the arresting officer who can testify that they observed the accused driving a vehicle. In other scenarios – such as if there was a collision, the police officer arrives to the scene after the fact, and the accused is already outside the vehicle – that may require a civilian witness who could testify to the fact that the person was driving. Sometimes, the state has to rely on circumstantial evidence to establish that the person was likely driving. On some occasions, the accused will make a statement and admit that they were driving the vehicle.
If a breathalyzer test was conducted, that shows the amount of alcohol in the person’s system was over the legal limit. This is the direct evidence that the state will use. The state will also use circumstantial evidence, such as how a person was driving such as if the person was driving recklessly, speeding, swerving, running red lights, and not stopping at stop signs. Being involved in a collision due to improper driving can be used as evidence in a DUI case.
Evidence may include observations by officers about a person’s appearance and behavior, such as bloodshot eyes, slurred speech, an odor of alcohol on their breath, trouble standing, swaying, fumbling, trouble retrieving the person’s driving license or registration, providing the wrong documents, and observations about what they are seeing inside the vehicle, such as containers of alcohol. Also, the person’s performance on the standardized field sobriety tests can be used. If the person performs these tests poorly, then the state will introduce that as evidence as well.
When building a defense in a DUI case, an attorney will look for any constitutional issues that may have occurred at a stop. Also, a skilled lawyer will look to see if there were any issues with the breath and field sobriety tests and how they were conducted. Contact a well-versed attorney to learn more about prosecuting Maryland DUI cases and the benefits of obtaining a legal professional.
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