Have you been arrested for driving under the influence in Charles County, Maryland? You need an experienced Charles County DUI lawyer at Alpert Schreyer Criminal Defense Attorneys to handle your case. A DUI conviction could result in severe penalties, including jail time and fines. Contact us at (301) 857-4771.
Our criminal defense attorneys have over 125 years of combined experience protecting the rights of the accused. Our lawyers are former prosecutors, which gives them a unique understanding of how the criminal justice system operates and the mistakes made by police officers and prosecutors. We are one of Maryland’s top-rated DUI defense firms, having successfully defended over 1,000 individuals charged with DUI.
Contact us for a free consultation with our Charles County DUI lawyers.
How Alpert Schreyer Criminal Defense Attorneys Can Help You With DUI Charges in Maryland
Our legal team at Alpert Schreyer Criminal Defense Attorneys has extensive experience handling DUI cases. Attorney Andrew D. Alpert is the first and only attorney in Maryland who is Board Certified in DUI Defense Law by the National College for DUI Defense. He is also the only ACS-CHAL Forensic Lawyer-Scientist in the state. Additionally, he is a certified NHTSA field sobriety test instructor, giving him considerable knowledge about these tests.
When you hire our top-rated Charles County criminal defense attorneys, you can expect us to:
- Thoroughly investigate the circumstances of your DUI arrest and identify mistakes or police misconduct
- Analyze evidence the state has allegedly proving you are guilty of DUI
- Challenge the results of chemical tests and field sobriety tests
- Develop a defense strategy based on the evidence in your case
- Aggressively defend you in all court proceedings
- Negotiate a fair plea deal if that is in your best interest
- Take your case to trial if that is the best strategy for your case
Our attorneys at Alpert Schreyer Criminal Defense Attorneys have numerous awards and recognition for their legal services. We are highly respected by national organizations, including The National Trial Lawyers Top 100, Super Lawyers, America’s Top 100 Attorneys, Expert Network Distinguished Lawyer, and Lawyers of Distinction. Avvo and Martindale-Hubble give our lawyers top ratings.
Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free case evaluation with an experienced Charles County DUI lawyer.
Overview of Maryland DUI Laws
Maryland DUI laws make it illegal for someone to drive or attempt to drive a vehicle while under the influence of alcohol. Therefore, your blood alcohol content (BAC) does not need to be over the legal limit for you to be arrested for drunk driving.
The law also makes it illegal for someone to drive or attempt to drive a vehicle when they are under the influence of alcohol per se. A DUI per se means that your BAC level is above the legal limit. The law presumes your driving ability is impaired if your BAC is above the legal limit.
The legal limit for DUI per se in Maryland is .08% for drivers 21 years old and older. Maryland imposes a zero-tolerance law if the driver is under 21 years old. The person can be charged with underage DUI if there is any amount of alcohol in their system. The legal limit for commercial drivers is .04% because commercial vehicles pose a serious threat if they are involved in a traffic accident.
Maryland also charges individuals with DWI (driving while impaired) if their BAC is between .04% and .08%. It is presumed that the driver’s ability to operate the vehicle is impaired when the BAC is between these levels.
What Are the Penalties for a DUI Conviction in Charles County, MD?
The DUI penalties for a drunk driving conviction depend on several factors, including your BAC level, the specific charges against you, your criminal history, and aggravating factors. The potential penalties for a first-time DUI conviction in Maryland include:
- Driver’s license suspension for six months or longer, depending on your BAC level
- Fines and assessments between $1,000 and $2,000
- Possibility of DUI probation
- Completion of an alcohol education and treatment program
- Possibility of jail time if aggravating factors are present
- Possibility of installation of an ignition interlock device (IID) to prevent you from operating the vehicle with alcohol in your system
The penalties for subsequent DUI convictions may increase significantly. You could face mandatory jail time, increased fines, and longer suspension periods of your driving privileges.
Additionally, there are enhanced penalties if aggravating factors are involved in your case. Examples of aggravating factors in a DUI case include having a high BAC level, causing injury or death to someone, and having a minor in the vehicle under the age of 16 years.
What Is Maryland’s Implied Consent Law for DUIs?
Many states have implied consent laws, including Maryland. If you have a Maryland driver’s license, you have consented to chemical testing if you are suspected of driving under the influence. Refusing a blood test or breath test can result in the automatic suspension of your driving privileges.
Potential Defenses to DUI Charges in Charles County, MD
Being arrested for DUI and convicted of DUI are two separate incidents. The state must prove beyond a reasonable doubt each legal element of the DUI statute. Our attorneys are well-versed in DUI law and the potential defenses that challenge the state’s case.
Defenses in a DUI case may include, but are not limited to:
- Lack of probable cause: The police officer did not have sufficient evidence that you were under the influence when they made the arrest. Without probable cause, the arrest may be unlawful.
- Unlawful DUI stop: The police officer did not have a reasonable suspicion that you were committing a crime or a traffic offense to pull you over. The evidence obtained from an unlawful traffic stop may be inadmissible in court.
- Rising BAC: The argument that your BAC level was rising when you were tested, which means your BAC level was below the legal limit when you were driving. This defense may be useful if there is a long delay between the stop and your chemical test.
- Faulty BAC testing: We may challenge the accuracy of blood tests and breathalyzers. There are many reasons why the results could be faulty, including mistakes made by law enforcement and defective machinery.
- Health conditions: Some health conditions can produce a false positive result on a breathalyzer test. We can offer medical proof that you are diagnosed with the condition, which was the cause of your high BAC level.
- Chain of custody: Blood samples and other evidence must be handled correctly to ensure they are not tampered with or damaged. Chain of evidence mistakes can lead to evidence being inadmissible in court.
- Residual mouth alcohol: You may have alcohol in your mouth when you take a breathalyzer, which can result in a higher BAC level than your actual blood alcohol content. Dentures and dental work are a common cause of residual mouth alcohol.
- Poor driving: An officer may cite your driving behavior as a reason for the traffic stop and evidence of impairment. However, if there are no signs of mental impairment, you may argue that you were distracted or angry, which resulted in bad driving, not DUI.
Our legal team diligently reviews your case and works to develop a defense strategy that gives you the best chance of a fair plea deal or acceptable outcome at a trial.
Collateral Consequences of a DUI or DWI Conviction in Maryland
In addition to criminal penalties, you must experience several collateral consequences if you are convicted of driving under the influence or driving while impaired. DUI and DWI collateral consequences include:
- Employment consequences: A DUI can lead to serious professional consequences. If your job involves driving, your employer may view you as too risky, potentially leading to termination or demotion. Additionally, professional boards might suspend or revoke your license or impose disciplinary actions, such as mandatory alcohol treatment programs.
- Child custody: A drunk driving charge could negatively impact the outcome of child custody and visitation. Your ex-partner may use the DUI conviction as evidence of your poor decision-making or inability to transport your children.
- Insurance coverage: There are several hidden costs of a DUI, including increased insurance premiums. Your car insurance will likely increase significantly with a DUI conviction on your record. However, a drunk driving conviction could also impact other insurance policies, including health and life insurance. You could be denied coverage or pay a higher premium.
- Immigration status: If you are not a United States citizen, DUIs and DWIs could negatively impact your immigration status. Multiple convictions, causing injury or death, and other related offenses could result in deportation.
- Additional expenses: If you are required to install an ignition interlock device, you must pay the installation, monitoring, and maintenance fees. Likewise, you are responsible for paying for any treatment programs you are required to take as part of your DUI sentence. Your out-of-pocket expenses for DUI-related matters could total thousands of dollars.
The collateral consequences of a DUI or DWI conviction in Maryland can significantly impact various aspects of your life, making it essential to understand the full scope of these penalties and seek legal guidance to protect your rights.
Schedule a Free Consultation With a Charles County DUI Defense Attorney
You do not have to face DUI charges in Charles County, Maryland alone. At Alpert Schreyer Criminal Defense Attorneys, our legal team advocates for your rights and protects your best interests. Call us to request a free case review with one of our Charles County DUI lawyers. We’ll even the playing field between you and the legal system.