Frederick DUI Lawyer

A conviction of driving under the influence of drugs or alcohol carries a high price in Frederick County, Maryland. From fines and jail time to potential lawsuits, a DUI charge can damage your pocketbook as well as your reputation. If you have been accused of drunk driving, contact an experienced Frederick DUI lawyer to help you reduce your charges.

DUI Laws in Frederick

Driving under the influence of alcohol or drugs (DUI) in Maryland is defined as operating a motor vehicle with a blood alcohol concentration of 0.08% or higher, unless you are under the age of 21. At this level, the average individual’s thinking and response times are dangerously impaired, especially when driving a car on a busy road.

Maryland law also allows for a charge of driving while impaired (DWI) if your blood alcohol content is .07%. If you fail a field sobriety test, but your BAC is not high enough for a DUI charge, the officer may arrest you for DWI, which although being typically considered a less severe charge, still carries serious consequences to where a Frederick DUI lawyer should be contacted.

If you have been pulled over on suspicion of DUI, you may be asked to perform a series of field sobriety tests—including walking in a straight line or standing on one leg. You have the right to refuse these tests. However, if you refuse the breathalyzer test at the police station, your license will be suspended under implied consent laws.

Additionally if you are a commercial driver, you may face even stricter standards regarding intoxication and should therefore consult with a Frederick CDL DUI lawyer immediately if accused or charged.

Penalties for DUI or DWI

If you are convicted of a DUI charge, you could face jail time, fines, and a suspended license. Consequences increase if you have previous convictions within the past five years:

First Offense: Maximum penalties include one year in prison, a $1,000 fine, and a suspended license (for at least six months)
Second Offense: Maximum penalties include two years in prison, a $2,000 fine, and a one-year license suspension
Third Offense: Maximum penalties include three years in prison, a $3,000 fine, and a license suspension (for at least 18 months)
Multiple offenses may also result in a court-ordered ignition interlock device (IID) being placed on your vehicle. The IID will prevent your vehicle from starting if you fail an alcohol breath test.

Penalties for DWI also include jail time, fines, and license suspension. Jail time and fines are typically not as severe as those incurred for DUI.

Range of Outcomes for a DUI Case

If you are charged with DUI in Maryland, the outcome of your case will depend on the circumstances that apply. Working closely with a skilled DUI attorney in Frederick can also make a considerable difference in how your case will be resolved.

Having the Case Dropped Altogether

Ideally, the case against you will be dropped altogether. This can be a result of your trusted legal counsel building a solid defense that the prosecution simply can’t refute, or it can hinge on evidence against you being thrown out. For example, if the police did not have probable cause to test you in the first place or failed to properly Mirandize you upon arrest or detainment, the case against you could fall apart.

Diversion Programs

Diversion programs allow some first-time offenders to have the DUI charge against them dismissed upon completion of specific requirements.

Probation before Judgment

In some cases, probation before judgment is a possibility. This allows you to avoid a formal DUI conviction and to keep points off your license if you successfully complete the requirements set by the probation.

Plea Bargains

Plea bargains refer to bargaining DUIs down to lesser charges, such as negligent driving, which can reduce the legal consequences significantly.

Stet Agreement

A stet agreement or disposition refers to an indefinite postponement of the DUI charge. While the case remains on file, it is put on pause. This option generally only applies for those who have no prior convictions and who are facing relatively weak cases.

Conviction

If you are convicted of DUI, the consequences you face will be determined by factors such as the following:

Any prior DUI convictions
Your blood alcohol concentration (BAC)
Whether the case involves an accident, and if anyone was injured in the accident

The consequences of a conviction can include jail time, fines, license suspension or revocation for repeat offenders, and an ignition interlock device requirement. Further, a conviction can remain on your record permanently and can directly affect your insurance premiums in the future.

Additionally, The State of Maryland can require you to successfully complete an alcohol education class or a driver improvement program. Community service hours could also be part of your sentence, and there is the possibility of facing a civil lawsuit if your impairment caused an accident that caused someone else to suffer legal damages.

Preliminary Breath Test vs. Official Breath Test

A preliminary breath test (PBT) is an initial assessment tool. Officers give these tests on the roadside, and they can help determine probable cause for arrests based on driving under the influence. The most important point to keep in mind about a PBT is that it can’t be used as evidence in the case against you.

Maryland also implements an official breath test, which employs a testing device that is recognized by the state. This official test is associated with more accurate readings, but they are not infallible. In other words, just because the official test reads over the legal limit does not necessarily mean you are out of legal options.

Disputing Breath Test Results

Breath testing devices throughout the nation have come under considerable scrutiny regarding their accuracy in recent years. The fact is that the results of these tests can be disputed based on a range of factors that include all the following:

The testing device wasn’t properly maintained or calibrated.
The officer administering the test lacked the necessary training or experience to do so or failed to follow the proper instructions.
Environmental factors, such as the temperature, the level of humidity, or even fumes being present, skewed the test results.
The presence of what is called mouth alcohol contaminated the test results. This can be caused by dental work, mouthwashes that contain alcohol, or the recent consumption of just a sip or two from an alcoholic beverage.
A prescription or over-the-counter medication affected the reading.
A medical condition like GERD or diabetes interferes with the accuracy of the breath test.

The results of breath tests are not carved in stone. And if yours are inaccurate, your savvy DUI lawyer in Frederick will spare no effort in their quest to demonstrate that the BAC reading should not be relied upon in your case.

Why You Need a Frederick DUI Attorney

An experienced Frederick DUI lawyer can help to reduce or dismiss the charges against you. Your attorney will scrutinize each aspect of your case, including the arrest itself, the administration of any field sobriety tests, possible prejudice on the part of the arresting officer, and other details that may prove beneficial to your defense.

The thought of standing in front of a judge can be intimidating. Your Frederick DUI lawyer will help you present a persuasive argument in the courtroom with the goal of delivering the best possible outcome for your case. If you have been charged with DUI or DWI, contact our team to talk about how to plan your defense and determine the best course of action.