A DUI charge in Maryland is more than a traffic offense, as it carries the weight of criminal penalties, a possible license suspension, and serious long-term consequences. While many people assume there’s no way to fight a drunk driving arrest, the reality is that a charge is not the same as a conviction. You’re presumed innocent until proven guilty, and there is likely still time to present an effective defense.
This blog post outlines several key ways to challenge DUI charges under Maryland law. If you’ve been arrested, knowing your legal rights and options is the first step toward protecting your record and your freedom.
What Does Maryland Law Say About Driving Under the Influence?
Maryland law prohibits driving with a blood alcohol concentration (BAC) of 0.08% or higher. That level qualifies as driving under the influence per se. However, you can also be charged if your BAC is lower and the officer believes your driving was impaired by alcohol or drugs.
DUI charges in Maryland typically fall into two categories:
- Driving While Impaired (DWI): BAC of 0.07% or signs of noticeable impairment
- Driving Under the Influence (DUI): BAC of 0.08% or more, or substantial evidence of intoxication
Penalties increase for repeat offenses and high BAC readings. However, a first-time DUI conviction can nonetheless result in consequences like jail time, fines, license suspension, and mandatory alcohol education.
Common DUI Defenses in Maryland
The strongest defense strategies focus on identifying flaws in the state’s evidence or procedure. Potential defenses may include:
- Unlawful traffic stop: Police must have reasonable suspicion to pull you over. If they didn’t, the stop could be challenged in court.
- Improper field sobriety tests: These tests must be administered correctly. If the officer didn’t follow standard protocols, the results might be thrown out.
- Faulty breath or blood test: Machines must be calibrated and operated properly. If the test equipment or procedures were unreliable, the results can be excluded.
- Rising BAC defense: Alcohol levels continue to rise after drinking. It’s possible your BAC was under the limit while driving but increased before the test was taken.
At the end of the day, each case is unique. An experienced Maryland DUI defense lawyer will tailor your defense based on the specific facts of your arrest.
What Are the Penalties of a DUI Conviction in Maryland?
The consequences of a DUI conviction in Maryland are severe and can follow you for years. First-time offenders face up to one year in jail, a $1,000 fine, and a six-month license suspension. For second and third offenses, the penalties are harsher and may include longer license revocations and the installation of an ignition interlock device.
Aside from the legal penalties, there’s the impact on your personal and professional life. A conviction can have collateral consequences, such as making it harder to find housing, secure employment, or retain a professional license.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
The process of fighting DUI charges in Maryland involves various deadlines and technical rules, making it a practical necessity to have a lawyer on your side. Your defense attorney can represent you in court and push back against the evidence against you. In some cases, charges may be dismissed or reduced.
An experienced Charles County criminal defense lawyer can also help you understand your options for keeping your record clean, such as probation before judgment (PBJ) or treatment-based alternatives for eligible defendants.
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771