
Eldersburg DUI Attorneys
Defending Against DUI Charges in Maryland
Getting pulled over can easily be one of the most stressful moments of your life, but when you’ve been drinking, it can be much worse. If you’ve been charged with a DUI in Eldersburg, Maryland, then you need to move quickly to secure the protection you need to keep your future bright. Thankfully, you’ve come to the right place. Albers & Associates is one of the leaders in DUI Defense throughout Maryland.
Call Albers & Associates today at (443) 665-8030 or contact us online to schedule a consultation with our DUI attorney in Eldersburg.
What Are the Penalties for a DUI in Maryland?
Some of the most common DUI penalties are:
- Fines
- Jail time
- Loss of License
- License suspension
However, these are not the only costs of being convicted of a DUI. You may also lose access to your security clearances, face deportation, or even lose custody of your children. No matter the circumstances, having a DUI on your criminal record can prove disastrous. However, when you work with a trusted DUI lawyer in Eldersburg, you can rest easy knowing that you have the help you need from a qualified drunk driving lawyer Eldersburg.
We can help with sensitivity to stiffer penalties that include but are not limited to, underage DUI or a DUI with a CDL.
Understanding the MVA Hearing Process
When you’re charged with a DUI in Maryland, you will face both criminal charges and issues with the MVA. For better or worse, each of these must be handled on its own. When you are pulled over and charged, the arresting officer will confiscate your license and provide you with a paper license to use until your MVA hearing. During the MVA hearing, you will be able to plead your case to avoid having your license suspended or revoked. In some cases, you may be able to opt into the ignition interlock program, and in others, you may be able to obtain a limited license. Either way, having a DUI lawyer work with you is going to make all the difference. They may be able to negotiate probation before judgment if this is your first offense, which can be helpful.
Defenses Against DUI Charges
Some of the common defenses we may explore include:
- Challenging the Legality of the Stop: Law enforcement officers need to have reasonable suspicion or probable cause to stop your vehicle. If the officer did not have a valid reason to pull you over, any evidence received after the stop, including breathalyzer results or field sobriety tests, may be inadmissible in court. An unlawful traffic stop can serve as a strong defense and may result in the case being dismissed.
- Questioning the Accuracy of Field Sobriety Tests: Field sobriety tests, like the walk-and-turn or one-leg stand, are subjective and error-prone. Factors such as uneven road conditions, poor lighting, fatigue, or certain medical conditions can affect your performance on these tests. By challenging the reliability of these tests, we can cast doubt on the validity of the DUI charges.
- Disputing Breathalyzer and Blood Test Results: The accuracy of breathalyzer and blood test results can be questioned for several reasons. Breathalyzers need to be properly calibrated and maintained, and the test officer must be properly trained. Inaccuracies in the calibration or administration of the test can lead to unreliable results. Additionally, there may be errors in the chain of custody or contamination of blood samples that could affect the results.
- Medical Conditions or Medications: Certain medical conditions, like acid reflux or diabetes, could result in false-positive breathalyzer results. Similarly, some medications can affect how your body metabolizes alcohol or may interfere with the results of field sobriety tests. Highlighting these factors can create reasonable doubt regarding the DUI charges.
- Rising Blood Alcohol Concentration (BAC): In some cases, your blood alcohol concentration may continue to rise after you have stopped drinking. If you were pulled over shortly after consuming alcohol, your BAC might not have reached its peak until after you were tested. This defense is particularly useful if there is a delay between the traffic stop and the breath or blood test administration.
What to Do Following a DUI Arrest?
Following a DUI arrest, here’s what you should do:
- Remain Silent: Anything you say can be used against you in court, so it’s important to avoid answering questions without consulting an attorney first. Inform the officer that you are invoking your right to remain silent and would like to speak with your lawyer.
- Comply with Law Enforcement: While protecting your rights is important, it’s also crucial to comply with law enforcement’s requests during and after your arrest. Resisting arrest or becoming uncooperative can complicate your situation and lead to additional charges.
- Take Notes: As soon as possible after your arrest, make sure to write down everything you remember about the incident, including where you were, what you were doing, and the events leading up to the traffic stop. These details may help your lawyer identify defenses and challenge the prosecution’s case.
- Request an Independent Blood Test: In Maryland, you have the right to request an independent blood test to verify the test results conducted by law enforcement. An independent test can provide crucial evidence to challenge the accuracy of the state’s test results.
- Contact an Experienced DUI Lawyer: One of the most important steps you can take after a DUI arrest is to contact our experienced DUI lawyer immediately. A knowledgeable lawyer can guide you through the legal process, represent you in court, and develop a strong defense strategy.
- Prepare for the MVA Hearing: In Maryland, a DUI arrest triggers both a criminal case and an administrative case regarding your driver's license. You have a limited time to request a hearing with the Motor Vehicle Administration (MVA) to challenge the suspension of your license. We can represent you at this hearing and work to protect your driving privileges.
FAQs on DUIs
What Should I Know About DUI Blood Tests?
Blood tests in DUI cases are considered one of the more accurate methods of determining blood alcohol concentration (BAC). However, they are not infallible. Factors such as improper storage, contamination, or an improper chain of custody can affect results. In Maryland, refusing a blood test can lead to implied consent law penalties, including license suspension. It is crucial to consult an attorney to evaluate the validity of the test process in your situation.
How Long Does a DUI Stay on My Record?
In Maryland, a DUI conviction remains on your driving record for life. However, points associated with a DUI may affect your driving privileges for two years. Post-conviction, addressing rehabilitation and demonstrating responsible behavior can be persuasive factors in seeking expungements for related offenses. However, DUI convictions themselves are typically not eligible for expungement under state law.
What Happens If I Refuse a Breathalyzer?
Refusing a breathalyzer in Eldersburg triggers Maryland's implied consent law, resulting in an immediate license suspension. For a first offense, you may face an automatic suspension of 270 days and incarceration or fines upon refusal. Opting for the ignition interlock program can mitigate some consequences, but seeking legal counsel to explore defenses and negotiate outcomes remains essential.
Can I Challenge a DUI Based on Medical Conditions?
Yes, certain medical conditions, such as diabetes, gastroesophageal reflux disease (GERD), or dietary ketosis, can impact breathalyzer outcomes by showing false positives. Consulting with a DUI attorney who can employ medical experts to validate such claims during court proceedings bolsters the chances of a successful defense against DUI charges predicated on faulty breath alcohol testing.
Contact Our Eldersburg DUI Attorney Today
If you’re looking for an attorney who handles DUI cases in Maryland, then you’ve come to the right place. If you’re looking for a lawyer with high ratings on Google and AVVO with a documented responsive team, then we’re ready to hear about your situation.
Contact us today for a free consultation with our Eldersburg DUI lawyers.