Maryland Criminal Attorney Blog
Every once in a while, a case comes along that underscores exactly why the presumption of innocence and the right to a fair trial matter so deeply. Recently, Silverman Thompson had the privilege of defending a client in a DUI case in Maryland that ended in an acquittal: a just result in the face of overreach and manipulation.
The Background: A DUI Arrest Without Signs of Intoxication
Our client was pulled over late at night, not for speeding, swerving, or committing any moving violation. The sole basis for the stop was the absence of a front license plate, which is technically required under Maryland law. While that infraction may justify a stop, it certainly did not justify what followed.
The officer claimed he smelled alcohol and asked our client to exit the vehicle. My client admitted to having consumed two Corona beers at Top Golf, the last one approximately 45 minutes prior to the stop. The officer then conducted field sobriety tests, all captured on his body camera.
To say that my client performed well on the tests would be an understatement. He was composed, articulate, and followed every instruction with precision. There was no slurred or mush-mouthed speech, no confusion, and no signs of instability or intoxication. Nonetheless, the officer exaggerated (or outright invented) supposed signs of impairment, citing minor “balance checks” that were not evident on the video.
Despite our client’s solid performance, the officer arrested him and requested a breathalyzer test. What happened next is something I have not seen in over 30 years of practicing law.
A Police Officer Manipulating the Process
Instead of encouraging compliance with implied consent laws, the officer subtly (though not as subtly as he likely believed) tried to dissuade my client from taking the breath test. He warned that taking the test could lead to additional charges, and that refusal might result in a quicker release.
When my client hesitated, saying he believed he would pass the test, the officer ominously replied, “I would be careful if I were you. The last guy who told me that blew a .16.” Understandably, my client, believing the officer was trying to help him, declined the test. He made the same mistake many people make: assuming the officer was acting in his best interest.
Most police officers are honest public servants and this officer may be one of them, in other circumstances. But in this case, he was clearly attempting to manipulate the outcome, likely because he suspected that the breath test would confirm my client was sober.
Obtaining a “Not Guilty” Verdict
The State of Maryland offered a plea deal: plead guilty to DUI, avoid jail time, and take the hit to your record. We rejected that offer without hesitation.
At trial, I confronted the officer about his exaggerations and the tactics he used to discourage my client from taking the breath test. He denied trying to influence the decision, but had no plausible alternative explanation for his behavior, which he ultimately admitted was contrary to his training and protocol.
The judge reviewed the body cam footage, heard the testimony, and, after a roughly two-hour trial, rendered the only logical verdict: Not Guilty.
Contact an Experienced DUI Attorney
This case illustrates how vital it is to challenge assumptions, push back against overreach, and demand proof beyond a reasonable doubt. A DUI charge is not a conviction and not all arrests are justified.
If you or someone you know is facing DUI charges, know this: you have rights. You deserve a defense that digs deeper, holds the system accountable, and doesn’t back down when the facts are on your side.
Experience in DUI defense can make all the difference. With years of prosecuting and defending DUI cases, I know how to challenge inaccurate reports, assess evidence, and negotiate effectively for the best outcome. Unlike many defense lawyers in Maryland, my team is in criminal traffic court every day.
Contact me directly at bthompson@silvermanthompson.com or 410.659.9930 to discuss this case or how I can represent you in your DUI, DWI, or other traffic-related matter.