Building a Defense to Maryland Second Offense DUI Charges

DUI charges are intimidating the first time around, but the consequences could be more severe those who face second offense charges. Building a defense to Maryland second offense DUI charges may seem difficult, but you do not have to do it alone. An intelligent second offense DUI lawyer could help build a solid defense for you. Contact an attorney today, and know that you are in capable hands.

Prosecution of Second Offense DUI Charges

Second offense DUI charges are treated more vigorously than first DUI offenses. They are brought through a grand jury indictment and the charges are filed in Circuit Court. The Circuit Court and District Court are both criminal courts in Maryland.

People can go to jail or prison for many years a result of convictions in either court, but the circuit court is for more serious offenses. Everybody in circuit court is entitled to a jury trial and prosecutors and law enforcement investigators tend to more thoroughly investigate and prepare cases against second-time offenders.

Prosecutor Concerns

If someone is accused of a second DUI, the concern of the Prosecutor’s Office is ratcheted up and the plea offers are going to be much more strict. There may not be any plea offers granted depending on the situation.

Conditions of probation are going to be a lot more restrictive. Regardless of how the Motor Vehicle Administration (“MVA”) may treat a person’s driver’s license, the prosecution will want to impose driving restrictions from the court, which will be on top of whatever restrictions the MVA may impose. There will be a lot more supervision and very likely some jailtime.

Constructing a Defense

The process of building a defense to Maryland second offense DUI charges is essentially the same as it would be for a first offense or for any other DUI case. The defense attorney is going to review each step in the arrest process and make sure:

• That law enforcement followed the law and the Constitution in the arrest and detention of the accused
• Make sure that the stop was conducted lawfully
• That any field sobriety tests were administered properly
• That any breathalyzer or other tests were administered properly
• Analyze those tests
• Determine whether the State can prove that the person was, in fact, operating a vehicle.

The fact that it is a second offense, in terms of the defense, really is the same; what are the facts as to what happened and did not happen during the alleged incident and what the State can prove. Whether the person has a clean record or has had a DUI are not factors in the actual defense of the case if the case goes to trial.

Considerations When Building Second-Offense DUI Defense

When building a defense to Maryland second offense DUI charges, figuring out what led to the interaction between law enforcement and the drive are very important. In most cases, the driver is pulled over while driving a vehicle. It must be determined as quickly as possible whether there a lawful reason for law enforcement to have stopped the vehicle.

It is also important to know the interactions between the charged person and the law enforcement officers once the vehicle was stopped. An important aspect of the incident would be whether a collision was involved. Interviewing the defendant would shed light on whether the law enforcement officer elicited self-incriminating statements unconstitutionally and whether or not there was probable cause to suspect drinking and driving.

Elements of a Second Offense DUI Defense

A look at how many field sobriety the interaction administered, and the circumstances and nature of the tests that most cases would be the strong suit of the defense. If the person was administered a breathalyzer test, whether it was administered properly have stopped being an issue. Is it likely that the accused could actually be identified as the driver of the vehicle, which in some cases may be impossible, because no one in the car by the time the police arrived.

If the police pull somebody over for speeding, the identity of the driver is not really going to be at dispute. If law enforcement arrives after a collision or a hit-and-run situation, it may be less clear who the driver was. If an individual wants to know how different factors could impact their defense, they should speak to a skilled DUI lawyer. A capable attorney could begin building a defense to Maryland second offense DUI charges for them.