Salisbury DWI Lawyer
In Salisbury, Maryland a DWI is different from a DUI because the evidence needed for impairment of coordination is different. In order to prove a DWI, the state only have to prove that the driver’s normal coordination was effected by alcohol. In order to convict the driver of a DUI, the state has to prove that the person’s normal coordination is substantially effected.
Due to this different threshold, if you have been charged with driving while impaired, it is important you consult with a Salisbury DWI case as soon as possible to discuss your case and begin building a defense. Call and schedule a consultation with a Salisbury DUI lawyer today.
Difference Between DUI and DWI Charges in Maryland
It is a difference of degrees. It’s the difference of effected versus greatly effected coordination. If a breath test is taken, a breath test result of a .08 is a prima facie evidence that the defendant was driving under the influence.
Based just on the breath test result alone, the defendant could be convicted of a DUI.
If the breath test result is at least a .07 but less than a .08, then the judge can consider that to be a prima facie evidence that the person was driving while impaired by alcohol. If the person’s breath test result is a .05 but less than a .07, the court cannot make any presumption, and it would just be one other factor that the court can consider when determining whether or not the person’s coordination was impaired and whether or not it was a DWI versus a DUI. So, as a Salisbury DWI lawyer can tell you, the difference between a DWI and a DUI is just the difference of degrees.
Building a Defense For DWI Charges in Salisbury
In order for a Salisbury DWI lawyer to build a successful defense, it’s very important to be able to meet as quickly as possible with the defendant and hear immediately from the defendant what took place. When preparing a defense, it should be prepared as if it’s going to trial and a defense attorney should be looking to see if the state has the necessary evidence to prove every element of the offenses.
So when reviewing the police reports and if there is a video to find, a defense attorney will be analyzing it to see if there is proof of every single element of each charge while simultaneously looking at the case for constitutional violations and any other weaknesses that can be used to poke holes in the prosecutions case.
Hiring a Salisbury DWI Lawyer
When building a defense for a DWI case a Salisbury DWI lawyer needs to see if there is a legitimate basis for the officer to stop my client’s car and if there was a legitimate basis to ask my client to get out of the car and perform field sobriety tests. A Salisbury DWI lawyer will look at these factors and try to determine if the officer did everything that they were supposed to do in order to gather evidence against the defendant.
Additionally, a DWI lawyer in Salisbury can examine the police reports to see if the officer has the evidence in order to prove each and every element of those defenses. An attorney will review the police report and determining if it is inconsistent with the client’s recollection, or is it inconsistent with the video.
So, an attorney is looking to see, was there a legal basis to stop the client’s car? Was there a legal basis to ask the client to get out of their car and perform field sobriety tests? Was there a legal basis to ask the client to take a breath test? Was the client Mirandized when Miranda became applicable? Was my client denied the right to counsel when and if he requested it?
So, there is an entire constitutional analysis that should be taking place at the same time as an analysis of the evidence.