Burden of Proof in Maryland DUI / DWI Cases

“Driving While Intoxicated” or “Driving Under the Influence” laws refer to state statutes which make it illegal to be operating a vehicle after consuming more than a specified amount of alcohol or drugs. Such cases are deemed criminal in nature, even though they often involve a huge number of civil penalties like suspension of your driver’s license.

DUI and DWI laws also consist of prohibitions and restrictions against driving while under the influence of controlled substances (drugs). Most states, including Maryland, will prosecute these cases in three distinct ways. The first route that is implemented can be based on the BAC of the defendant, which is instantly measured through a chemical test during a traffic stop. The legal BAC limit for Maryland, Virgina, and D.C. is 0.08%, and that amount, or higher, can make you eligible for a conviction. The limit is much lower for underage drivers and commercial vehicle operators. Such prosecutions are called “per se” DUI, and it only requires a blood concentration test result confirming the prohibited level of alcohol in the offender’s system.

The second kind of case is when the BAC of the defendant cannot be determined or is within the legal range. This typically occurs where an offender has refused the breath test, but there is other evidence to suggest the impairment or under the influence accusation. In this scenario, the state is required to prove that the defendant consumed excessive amounts of alcohol to the extent that his ability to safely operate a motor vehicle was impaired. This burden is much more difficult for the state to bear and, during the trial, the arresting police officer’s testimony would be used to prove the case along with field sobriety test results, eye witness statements, and any audio or visual recordings.

The third method of prosecution in a DUI or DWI case is less common and also sometimes more difficult. Under the circumstances of the third kind of prosecution, the State must prove that the defendant was in physical control of the vehicle through evidence. Blood alcohol readings are often used in such convictions as strong pieces of evidence, but unlike the other two methods, it is not necessary for the defendant to have been seen actually driving the vehicle. The conviction can be secured after proving that the defendant was in control of the vehicle. This is usually accomplished by showing that the offender is sitting in the driver’s seat with the car keys in his/her possession, the vehicle’s hood is still warm to the touch, etc.

Avoiding a DUI/DWI Conviction

Criminal defense lawyers are experienced in using many tactics in order to defeat DUI/DWI charges and when you consider the standpoint of the prosecutor, the case become much more difficult when the defendant retains counsel.

A motion for “discovery” will be filed almost immediately and that will require the State to turn over any and all discoverable information that it has in its possession. After the materials have been shared, the defense attorney will start preparing a highly systematic defense which seeks weaknesses or loopholes within the case that the State intends to present.

Often, a DUI/DWI charge can be very damaging to one’s criminal/traffic history and he may lose his driving privileges in the process. Again, driver’s license suspensions and revocations frequently occur as a byproduct of these types of charges.

At Altmark, Rotter & Trock, LLP, we have successfully represented people charged with DUI and DWI offenses. If you or someone you care about has been charged with DUI or DWI, please call us for a free consultation at (410) 783-9230; or toll-free outside of Baltimore at 1-(888) 966-5566.