BASIC MARYLAND DUI & DWI DEFENSE : DUI DEFENSE ATTORNEY CHARLES JEROME WARE (" BEST 10"), (410) 720-6129

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For an initial courtesy consultation, call premier DUI defense attorney Charles Ware at (410) 720-6129. He can help you.

There are several defenses that are possible against drunk driving charges, depending upon the facts of each case. As seasoned DUI and DWI defense attorneys, we are familiar with --- and have been successful in litigating --- many of these defenses in Maryland courts as well as courts throughout the United States. We welcome the opportunity to represent you in your case.

Though generally considered to be a traffic offense, the DUI (Driving Under the Influence of Alcohol) charge is treated as a criminal offense --- and subject to criminal penalties such as incarceration. It is a serious offense that, upon conviction,  routinely cannot be expunged from a person's court and criminal records.

Driving under the influence of alcohol ( "DUI"), or "drunk driving" as it is frequently called, is probably the most commonly committed crime in the United States. Yet, it is very frequently committed by non-criminals --- that is, otherwise respectable law-abiding  individuals who have usually never been in trouble with the law previously.

Though among the most common of all criminal offenses, drunk driving is one of the most complex to understand and defend properly. The stakes are high.

Some of the factors that can more negatively affect or influence a person's DUI case are:

1. The impaired driver injured or killed someone else.

2. The impaired driver had a child passenger.

3. The impaired driver caused an accident.

4.  The impaired driver had an exceedingly high blood alcohol concentration ("BAC") level.

5.  The impaired driver committed DUI while breaking other laws, such as speeding.

6. The impaired driver was under the age of 21 at the time of the DUI offense.

7.  The impaired driver had a history of  DUI convictions (multiple violations).


Generally, the more common defenses to drunk driving are (a) to attack the police officer's observations of what happened prior to the arrest and (b) challenging the integrity of the evidence --- such as the accuracy of a breathalyzer test. The facts dictate the defenses.

Common drunk driving defenses include:

1. Improper stop;
2.Administration/ Accuracy of field sobriety test;
3. Administration/ Accuracy of  Portable Breathalyzer Test;
4. Administration/Accuracy of Standard Breathalyzer Test;
5. Administration/ Chain of Custody of blood Test;
6. Rising Blood Alcohol Concentration.

 Some other "affirmative defenses" may include:

!. Necessity;
2. Duress;
3. Entrapment;
4. Mistake of fact;
5. Involuntary intoxication;