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Getting a DUI charge dismissed in Maryland

On Behalf of | Mar 3, 2023 | Criminal Law

Driving under the influence (DUI) in Maryland is a serious offense that can result in significant penalties, including fines, license suspension and even jail time. If you facing a DUI, you may be wondering if it is possible to get the charge dismissed.

When can a DUI charge be dismissed?

In order for a police officer to pull you over for suspicion of DUI, they must have probable cause. This means that they must have observed you committing a traffic violation or have reason to believe you were driving under the influence. If the officer did not have probable cause to pull you over, any evidence collected after the stop may be inadmissible in court, and the case may be dismissed.

Law enforcement officers must follow specific procedures when conducting a DUI investigation, including administering field sobriety tests and breathalyzer tests. If the officer fails to follow proper procedure, the results of these tests may be invalid, and the case may be dismissed.

In some cases, a DUI charge may be dismissed on technicalities, such as errors in the paperwork or failure to meet certain deadlines. While these criminal defense situations are rare, they can provide a legal basis for a dismissal.

Steps to increase your chances of a dismissal

If the evidence law enforcement officers collect against you is weak or unreliable, you may be able to challenge its admissibility in court. This could include challenging the results of field sobriety tests or breathalyzer tests.

In some cases, it may be possible to negotiate a plea bargain with the prosecution, which could result in a reduced charge or lesser penalty. Furthermore, in some jurisdictions, attending a DUI school or treatment program can be used as a bargaining chip to reduce the charges or penalties. It may also show the court that you are taking responsibility for your actions and are committed to making positive changes in your life.

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