Prosecution in Rockville DUI Cases
After someone is arrested and charged with a DUI, the prosecution will begin collecting evidence and building a case against that person. The prosecution’s job is to obtain a conviction against that person, which will have damaging effects on that person’s record. Thus, it is crucial for that person to contact and consult with a Rockville DUI lawyer to begin building his or her defense against the prosecution.
Driving Under the Influence in Rockville
You do not need to register a .08 BAC to get charged, but if you do have a .08 BAC or above you can be charged for driving under the influence of alcohol. On its face the government has a very strong case, because if you are above a .08 you are considered guilty of driving under the influence of alcohol. If the court does not have your breath results because they were invalidated for some reason or you refused the chemical breath test, it does not mean the government cannot bring a DUI charge against you. It can use other factors such as your bad driving, the manner in which you are communicating with the officer, and how you performed on the field sobriety test to determine that you are under the influence.
What Prosecutors Must Prove in Rockville DUI Cases
The prosecutor needs to prove that the person was driving under the influence of alcohol or impaired by alcohol at the time of their arrest or at the time that they were stopped by a police officer. They can prove this in a number of ways. They can prove it either by demonstrating that the person had a blood alcohol concentration level of .08 or above for a first DUI, a .07 for a charge of Driving While Impaired (DWI), or .06 for a DWI if there was proof of bad driving. If the police or prosecutor does not have a breath test to submit to the court, they can also attempt to prove the DUI or DWI charges based on poor driving. This could include the person’s demeanor evidenced through slurred speech and bloodshot, watery eyes, and it can include the odor of alcohol on the person and how they performed on the field sobriety test.
Prosecutors will use a range of methods and evidence in attempting to obtain a conviction against someone. Evidence usually consists of the person’s bad driving, the odor of alcohol, testimony to slurred speech and bloodshot, watery eyes, admissions to drinking, how they performed on their field sobriety tests, level of cooperation with the police officer, and any chemical breath test results.
Sentencing in Rockville DUI Cases
It is handled by the prosecutors, who recommend sentencing to the court.
Typically for first-time DUI offenses, the prosecution does not seek incarceration unless the circumstances are unique and particularly offensive.
Second offenses usually warrant some period of incarceration. The judge will determine whether incarceration is appropriate, whether a person can serve weekends rather than consecutive days of jail time, and whether that person might be able to complete community service as opposed to jail time for their sentence.
For third offenses and beyond, typically prosecutors seek jail time and most judges in Rockville will impose the recommended period of incarceration.
Rockville DUI Trends
Rockville and Montgomery County DUI cases are becoming more vigorously prosecuted than they used to be. A lot of this probably has to do with the fact that more restaurants and bars are opening up in Rockville, which is causing fewer people to travel to neighboring cities or the District of Columbia to engage in social functions. More people are consuming alcohol at these local establishments and then choosing to drive, which is causing DUI enforcement to go up significantly.