DWI Defense Lawyers Serving Maryland
Being charged with either a DUI or a DWI (DUI/DWI) in Maryland may cause you being imprisoned, being placed on probation, loosing you job, preventing you from getting a job, pay enormous fines, etc. In cases of foreign nationals it way also result in deportation or preventing from becoming a U.S. Citizen.
A common mistake people make is to plea guilty to a DUI/DWI charge because they think there is no other option.
Our Maryland DUI defense lawyers also represent those facing with serious traffic violations like driving without license or on suspended license, speeding, reckless driving, etc.
Aggressive Maryland DUI defense lawyers on your side
You need an aggressive attorney on your side who is capable of challenging the admission of the evidence the prosecutor may have against you like breath or blood test results aimed to determine blood concentration of alcohol or controlled substances.
The judge will not suppress any evidence against you unless you have an aggressive attorney on your side that challenges its admission.
- The Rockville, Maryland DUI defense attorneys on our team will make sure the police has followed the statutory procedures to determine that you were driving while intoxicated or under the influence.
- Our Annapolis, MD DUI defense lawyers serving all of Maryland will carefully review all the evidence against you and how it was obtained. I will even evaluate if you were legally stopped in the first place. The police cannot arbitrarily stop you.
- Please allow the Bel Air, MD DWI attorneys on our team make sure your legal and constitutional rights were not violated in any moment. If any of those rights were violated the charge against you will be dismissed.
Prior to negotiating a favorable plea deal on your behalf our Salisbury MD DUI lawyers will ensure there is no reasonable legal options to challenge a charge for DUI/DWI.
A favorable plea deal may include an outcome to avoid a conviction, plea guilty to a lesser offense and minimizing the penalties. If you are a foreign national our Upper Marlboro, MD DUI defense attorneys will make sure that the plea deal will not affect your immigration status or your stay in the country.
What do you do if the police pulled you over?
If while driving the police stop you first thing you need to do is be courteous. In Maryland there is no requirement to submit to a breath or blood test unless the driver was involved in an accident that resulted in a life-threatening injury to another person or in the death of another person. Nevertheless if convicted, the driver who has refused to submit to a test may face a lengthy license suspension or ignition interlock restriction, as well as eligibility for enhanced criminal penalties.
If you are pulled over for DUI or DWI in Maryland you may request immediately to speak to an attorney before consenting to a test for alcohol or controlled substance concentration so long as the consultation does not interfere with the police’s effort to timely and efficiently obtain the test result.
If the driver elects to submit to the test, by law, the breath test technician must administer the test within two hours after the driver is apprehended. If the test is administered after the two hours period, the test result may be challenged in court.
On the other hand in Virginia refusing to submit to the test is a separate crime and carries with it the possibility of a six-month jail sentence.
Do not make any admission to the police to drinking or drug abuse. Do not even say you had “just a beer”.
If you are an undocumented foreign national do not disclose that you have “no papers”, that you are a foreign national or that you were not born in the United States. Simply do not answers those kind of questions until you consult an attorney.
Maryland DUI Roadblock Laws
Here are the questions we get asked the most about driving under the influence (DUI), legal limits, DUI defenses, and finding the right attorney after you’ve been charged with DUI:
What is the legal limit for blood toxicity?
In general, it is illegal for you to drive while you are “impaired” by drugs or alcohol. It should be clear at the outset that prescription drugs are not excluded from this list. Being impaired means that there must be enough of the alcohol or drug in your system to prevent you from thinking clearly and driving safely while on the road. According to many studies, impairment happens to many people well before they consider themselves drunk or stoned.
As for the numbers if you have a blood alcohol content of .08% or higher, that is considered “per se” Driving Under the Influence (DUI), or Driving While Intoxicated (DWI). For those under the legal drinking age of 21, in almost all states you will be considered to be driving under the influence if you have a blood alcohol content great than .01% or .02%, depending on the state you are in.
What methods do police use for detecting drivers under the influence?
In general, police have three different methods of figuring out whether or not a driver is under the influence:
1. Observing erratic driving –In general, police officers will pull you over if they notice that you are showing any of the signs of driving under the influence. These signs include swerving, speeding, driving too slowly, failing to stop, failing to yield, and any other indications that signal to the officer that you are driving drunk. In general, if you actually have a good reason for driving the way you were driving, the officer may let you go with only a ticket or a warning. However, officers will be looking to see if your eyes are blurred or if they smell alcohol on your breath.
2. Field Sobriety Tests –If, after stopping you, the police officer has a hunch that you may be driving under the influence, he will most likely get you out of the car in order to do some field sobriety tests. These tests can include walking in a straight line, standing on one leg, or a speech test. The officer will also carefully watch your eyes to look for any pupil dilation. If you fail these tests, the officer will likely ask you to take a chemical test.
3. Chemical Blood Alcohol Level Tests – If you fail a field sobriety test, the police officer will likely take you in to perform a more accurate blood alcohol level test. These tests are normally taken by testing a blood, urine or breath sample. The blood test is very direct and measures the amount of alcohol in your system. The urine and breath tests work off of a mathematical formula to derive your blood alcohol level from the sample. If you test above a .08% blood alcohol level, you will be guilty of a DUI unless you can convince the judge that you were not impaired or being unsafe. Also, many attorneys base their drunk driving defense on challenging the mathematical formula used in the tests.
Do I have to take a test if the police direct me to do so?
In general, you are allowed to refuse to take a chemical blood alcohol level test, but if you do, you will invoke an “implied consent” law. This will likely result in a suspension of your driver’s license for a period of time, even if you are found not guilty in court. In addition, if your case does go to trial, the prosecutor is free to tell the jury that you refused to take a chemical test, which may look bad for your drunk driving defense.
After I have been stopped for driving under the influence, can I consult with a lawyer before deciding which a chemical test to take?
This depends upon the laws of your state. For example, in Arizona, you may talk to a lawyer before deciding to take a chemical test. However, other states do not allow you to consult with an attorney before a test.
Can the police ask me questions after pulling me over but before reading me my rights?
It all depends on the circumstances and whether or not you are in the “custody” of the police. During a roadside traffic stop, you are not considered to be in police custody, and therefore the police can ask you questions without reading you yourMiranda warning. Once you are in police custody, however, they must read you your rights before asking you any questions. If they don’t, any answers you give may be inadmissible against you in court. To be in custody, you must feel that you are not free to leave a situation.
I was stopped at a roadblock and asked to wait to answer some questions. Was this legal?
If the police used some sort of neutral policy for picking out which cars to stop, then it was legal. Police are allowed to single out automobiles at roadblocks if they have a good reason to do so, such as a suspicion that you are driving under the influence.
Should I get a lawyer if I have been charged with drunk driving? Are there any free or low-cost options for getting legal advice?
Having an attorney review your case is probably the best way to protect your rights and get the best possible outcome after a DUI arrest. And since attorneys are not cheap, you might want to start out by having a qualified DUI attorney give you free feedback about your case before you enter into a contract.