Will I get a PBJ for a Carroll County DUI 0.20 BAC?
A Carroll County DUI 0.20 BAC is a serious drinking and driving case, because of the high breathalyzer result.
Carroll County 0.20 BAC Alarms Prosecutors and Judges
Three things get the attention of prosecutors and judges when it comes to driving under the influence cases in Carroll County, Maryland: (1) an accident; (2) high BAC; and (3) repeat offenders.
As a former Baltimore City DUI prosecutor, I was trained to treat high BAC cases differently. Meaning, recommend a harsher sentence and oppose a probation before judgment. The Baltimore City State’s Attorney’s Office actually had a matrix that prosecutors followed to determine their sentencing recommendation. Despite the fact that the matrix completely took any discretion away from the prosecutor and treated all cases the same, aggravating factors such as high a BAC cause prosecutors to treat these DUI cases differently.
While the Carroll County State’s Attorney’s Office doesn’t use a matrix, its prosecutors still take high BAC cases very seriously. They may actually oppose a probation before judgment for a first time Carroll County DUI 0.20 BAC. However, I find that Carroll County prosecutors are fair, reasonable and easy to work with. But, they are still tough on aggravating DUIs like a high BAC.
Luckily, for my Carroll County 0.20 BAC client we were able to navigate our case through the courts and ultimately receive a probation before judgment. Despite our advice to take the case to trial due to a lack of probable cause by the police officer to administer the standard field sobriety test, the client wanted a plea deal that kept points off their driver’s license.
We followed the client’s instructions, and got the client exactly what they wanted.
A probation before judgment is not a forgone conclusion in any DUI case. Especially, a high BAC DUI case in Carroll County.
It’s vital that the client have an alcohol assessment and complete an alcohol education program. In this case, a 26 week program was recommended by Westminster Recovery. While my Carroll County 0.20 BAC client was a first time offender, Westminster Recovery did not recommend the standard 12 hour course. I believe in situations with a high BAC, it’s important the client complete a 26 week course versus a 12 hour course.
I’ve seen judges not accept a 12 hour course for a high BAC and order the defendant to complete a 26 week course. An experienced Carroll County DUI attorney knows that a 12 hour course is not going to fly in court for a high BAC DUI.
If your Carroll County DUI arrest involves an accident, high BAC, or repeat offense, then you must retain the services of an experienced Westminster DUI attorney to help you navigate the district and circuit courts of Carroll County.
Schedule a Free Carroll County DUI 0.20 BAC Consultation
Albers & Associates is located in Westminster, Maryland. Carroll County DUI Attorney Ross W. Albers is a former Baltimore City DUI prosecutor. Albers & Associates was selected as a 2016 Maryland Super Lawyers Rising Star in Criminal Defense: DUI. Westminster DUI Lawyer Ross W. Albers is also a member of the National College for DUI Defense.The post Will I get a PBJ for a Carroll County DUI 0.20 BAC? appeared first on Albers and Associates.