I had drank earlier in the day. Then ate Hiked a mile or two then drove 40 miles to drop a friend off . I was pulled over failed walk and turn on step 7 twice and touched his car on the stand and hold one leg up . also the eye test I guess I failed . I just had reconstructive surgery on my right foot. What's my chances ?
You would need documentation about your surgery as well as the results. However, if they gave you a breathalyzer or blood test that was above the limits, then there may not be much you can do. You should contact an attorney who specializes in DUI to discuss the case and represent you in any proceeding.
This answer is for informational purposes only. It does not establish an attorney client relationship.
The roadside breathtest cannot be used against you in Maryland. The roadside tests are an issue but must be interpreted in light of the overall situation. For example, your recent foot surgery can have an impact on those tests. You don't mention whether you took a breathtest at the station. Everyone recognizes they must go to court but the MVA also plays into a DUI because they will separately want to suspend your driving privilege.
Retain a competent DUI/DWI attorney to advise you soon.
The roadside breath test, also known as the "pbt", is inadmissible in court, for any reason. However, the breath test result you gave at the police station, or your refusal to give a breath test, is admissible. The officer's testimony about your performance of the field sobriety tests and any admissions you made that you had been drinking previously--including your admission on this public forum which is accessible to law enforcement-- can all be used to find you guilty. DUI is not an offense you should represent yourself on, so hire a lawyer as soon as possible.
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