Don't mess around with this, you really need counsel. You may indeed have a good defense as it sounds like there are some issues to work with but you are never going to convince the MDJustice that you don't drink and drive. It does not work that way. Credibility does not enter into the courts decision making process at that level. Whether you should waive or have the hearing is a decision that can only be wisely made after consultation with qualified criminal defense counsel.
This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.
You should not be explaining anything at the preliminary hearing. You need a qualified criminal attorney to represent you and ARD appears to be your best option. Upon completion of the program, the criminal charges are dismissed and you will be able to have the record expunged.
My colleagues are absolutely correct. This is nothing to mess around with and play lawyer. You will undoubtedly lose. If this is a first offense and you have no prior convictions, you may qualify for ARD. Get an experienced criminal defense attorney before you go to the preliminary hearing and follow his/her instructions.
Sign up to receive a 3-part series of useful information and legal advice about DUIs.