Driving under the influence (DUI) is a serious offense in Maryland, and when drugs are involved, the stakes are even higher. Defending against drug-related DUI charges requires a thorough understanding of the state’s laws, the legal process, and effective defense strategies. Individuals facing these charges need to be well-prepared and informed to navigate the complexities of the legal system.
Understanding Drug-Related DUI Laws in Maryland
In Maryland, DUI charges are not limited to alcohol. The law encompasses driving under the influence of drugs, whether they are prescription medications, over-the-counter drugs, or illegal substances. The state’s legal framework aims to ensure that all drivers on the road are sober and capable of operating their vehicles safely. Maryland’s DUI laws stipulate that it is illegal to drive or attempt to drive while impaired by any drug that affects the person’s ability to drive safely. This includes not only illegal drugs but also prescription medications that may cause drowsiness or impair cognitive functions.
The penalties for drug-related DUI charges in Maryland can be severe. They may include fines, license suspension, mandatory drug education programs, probation, and even jail time. The severity of the penalties often depends on several factors, such as the individual’s prior criminal record, the presence of minors in the vehicle, and whether the offense resulted in an accident or injury.
Initial Steps After Being Charged with a Drug-Related DUI
The first step after being charged with a drug-related DUI in Maryland is to understand the gravity of the situation. The accused should seek legal representation immediately. An attorney can provide valuable guidance through the legal process, ensuring that the individual’s rights are protected and that they receive a fair trial. It is crucial to document the events leading up to the arrest. This includes the actions taken by the law enforcement officers, any field sobriety tests conducted, and the results of any chemical tests performed. Detailed notes and recollections can be critical in building a defense strategy.
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Andrew D. Alpert
Michael J. Schreyer
Michael Berman
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Chemical Testing and Field Sobriety Tests
In Maryland, law enforcement officers use a variety of tests to determine if a driver is under the influence of drugs. Chemical testing — such as blood or urine tests — is commonly used to detect the presence of drugs in the system. Field sobriety tests, which may include the walk-and-turn test, the one-leg stand test, and the horizontal gaze nystagmus test, are also utilized to assess a driver’s impairment. Chemical tests must be administered correctly, and the results must be accurate. There are many factors that can affect the reliability of these tests, such as the handling and storage of the samples, the qualifications of the person conducting the test, and the equipment used. An experienced attorney can challenge the validity of the chemical test results by examining these factors.
Field sobriety tests, on the other hand, are subjective and can be influenced by various factors, including the individual’s physical condition, nervousness, and even the environment in which the test was conducted. An attorney can argue that the results of the field sobriety tests are unreliable due to these factors.
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Defense Strategies for Drug-Related DUI Charges
Several defense strategies can be employed to contest drug-related DUI charges in Maryland. One common approach is to challenge the legality of the traffic stop. Law enforcement officers must have a valid reason to pull over a vehicle, such as a traffic violation or erratic driving behavior. If it can be demonstrated that the stop was unjustified, any evidence obtained during the stop may be deemed inadmissible in court.
Questioning the accuracy and reliability of the chemical tests can be a viable strategy. As mentioned earlier, many factors can affect the results of these tests, and an attorney can scrutinize the procedures and protocols followed during the testing process. If any irregularities are found, the results may be challenged.
Medical conditions and prescription medications can also play a role in a defense strategy. Some medical conditions can mimic the symptoms of drug impairment, such as fatigue, diabetes, or neurological disorders. Additionally, certain prescription medications can cause side effects that resemble impairment. By providing medical evidence and testimony, an attorney can argue that the individual’s condition or medication, rather than drug use, was responsible for the observed behavior.
Understanding the Legal Process
Navigating the legal process for a drug-related DUI charge in Maryland involves several stages. It begins with the arraignment, where the accused is formally charged and enters a plea of guilty, not guilty, or no contest. Following the arraignment, pre-trial motions and hearings may take place. During this phase, the defense attorney may file motions to suppress evidence, challenge the legality of the traffic stop, or request the dismissal of charges based on insufficient evidence.
If the case proceeds to trial, both the prosecution and defense will present their arguments, call witnesses, and cross-examine each other’s witnesses. The defense will aim to create reasonable doubt in the minds of the jurors regarding the prosecution’s case. The outcome of the trial will depend on the strength of the evidence, the credibility of the witnesses, and the effectiveness of the legal arguments presented.
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Potential Consequences of a Conviction
A conviction for a drug-related DUI in Maryland can have long-lasting consequences. In addition to legal penalties such as fines, license suspension, and jail time, individuals may face personal and professional repercussions. A DUI conviction can affect employment opportunities, professional licenses, and even personal relationships. Insurance rates may also increase significantly following a conviction.
It is important to note that Maryland has an implied consent law, which means that drivers are required to submit to chemical testing if suspected of DUI. Refusing to take a chemical test can result in an automatic license suspension and other penalties, regardless of the outcome of the DUI case. This is an important consideration for individuals who are pulled over and suspected of driving under the influence.
The Importance of Legal Representation
Given the complexities of drug-related DUI cases and the severe consequences of a conviction, having competent legal representation is crucial. An experienced DUI defense attorney can provide valuable guidance and support throughout the legal process. They can help the accused understand their rights, navigate the court system, and develop a strong defense strategy tailored to the specific circumstances of the case.
An attorney can also negotiate with the prosecution to seek reduced charges or alternative sentencing options, such as drug treatment programs or community service, which may be more favorable than traditional penalties. Additionally, legal representation can provide peace of mind during a stressful and challenging time, ensuring that the accused’s rights are protected and that they receive a fair trial.
The Role of Alpert Schreyer, LLC in Defending Drug-Related DUI Charges
At Alpert Schreyer, LLC, we understand the significant impact that drug-related DUI charges can have on an individual’s life. Our team of dedicated attorneys is committed to providing comprehensive legal representation to those facing these serious charges in Maryland. With a deep understanding of Maryland’s DUI laws and a track record of successful defense strategies, we work tirelessly to achieve the best possible outcomes for our clients.
Our approach to defending drug-related DUI charges begins with a thorough examination of the details of the case. We scrutinize the actions of law enforcement officers, the procedures followed during chemical testing, and any other relevant factors to identify weaknesses in the prosecution’s case. By building a strong defense based on the unique circumstances of each case, we aim to secure favorable results for our clients.
In addition to our legal experience, we prioritize clear communication and support for our clients. We understand the stress and uncertainty that come with facing DUI charges, and we are here to provide guidance and reassurance throughout the legal process. Our goal is to help our clients navigate this challenging time with confidence, knowing that they have a dedicated legal team on their side.
Defend Your Rights — Contact Us Today
If you or a loved one is facing drug-related DUI charges in Maryland, it is crucial to seek legal representation as soon as possible. At Alpert Schreyer, LLC, we are committed to defending your rights and helping you achieve the best possible outcome for your case. Contact us today to schedule a consultation and learn more about how we can assist you in defending against these serious charges. Your future is important to us, and we are here to provide the legal support you need during this challenging time.