Contesting Proof of Driving in a Maryland DUI Cases

Drunk driving charges are taken seriously in Maryland due to the harm that they can cause not only to the driver but to others on the road as well. As a result, if you are charged with drunk driving, prosecutors will use any evidence from the case to prove that you were driving at the time of the accident.

If you are charged with driving while under the influence, you should contact a skilled DUI lawyer. They can help you build a defense and contest proof of driving in your Maryland DUI case. DUI cases are tough, but you do not have to defend yourself alone.

How Does the Prosecution Prove Someone is Driving?

Proving that someone was trying to drive while intoxicated is typically determined on a case-by-case basis. In general, though, an attorney must prove that the drunk driver was controlling or attempting to control a vehicle on the public roadway. For example, if a drunk patron exits a bar, gets into their car, and starts the engine, this is all the circumstantial evidence needed to demonstrate that they were trying to drive away. The simple of act of trying to start a car is enough to verify an arrest or a possible conviction, even if the person was too impaired to drive the car away from where it was parked.

The lines of trying to prove the act of driving become less clear when a person is in their parked car with the engine off. When it gets into the margins of whether somebody is parked in their car or whether they were trying to drive and sitting in their car at the time of arrest, then an attorney must look at some of the circumstantial factors, which depend on the facts of the case. When you hire a skilled attorney, they can dispute proof of driving in a Maryland DUI case.

How a Defense Team Can Disprove a DUI Driving Charge

There many ways to undermine any evidence of driving, and it all depends on the facts and circumstantial evidence of the case. In a DUI accident case when law enforcement arrives after the incident, the driver was not in the vehicle, and there is no eye witness to identify the driver, then the prosecutor will rely on circumstantial evidence.

If the defendant made a statement where they identify themselves as the driver, the defense attorney could try to prove that the statement was unconstitutionally obtained or tainted. This tactic could result in the exclusion of their statement. If the accused driver did not make a statement, the defense could challenge the lack of evidence used to prove that the person was the driver.

In other circumstances such as when a person is in a parked car, a defense attorney would have to ask:

  • How the car was stopped, meaning was the car parked or was the car in neutral against the curb?
  • Was the car parked in a legal parking space?
  • Was the car on the side of the road or in the middle of the roadway?
  • Where was the person in the vehicle?
  • Was the person in the front seat with the key in the ignition and the engine running or was the engine off?
  • Were the keys in the ignition?
  • Did the person make any statements?
  • How long was the person in their vehicle, and could they have been waiting to sober up before driving?

Seek Legal Counsel for Assistance with Contesting Your Charge in a Maryland DUI Case

If you have been accused of driving while intoxicated, it is important to contact a skilled Maryland attorney immediately. Convictions for driving while under the influence of drugs or alcohol can have serious penalties, and legal counsel may be able to protect you from those penalties.

Each case can have specific facts that can be used to either prove or contest you were the driver during the accident. An experienced defense attorney may be able to use these facts to contest proof of driving in a Maryland DUI case.