Getting Maryland DUI Charges Reduced
Sometimes, even the most experienced DUI defense attorney cannot get charges for driving under the influence (DUI) or driving while impaired (DWI) completely dismissed, especially in the case of repeat offenders. If the charges cannot be dismissed entirely, another alternative is to have the charges reduced. Your attorney can also seek a Probation Before Judgment (PBJ) to lower the penalties and consequences of a drunk driving arrest.
Where to Start
If you have been charged with DUI in Maryland, or any other state for that matter, the state will attempt to prosecute you to the fullest extent of the law. The motivation is to deter you from committing a DUI offense in the future. Does this mean that the state will try to convict you even if law enforcement made a mistake and you were not impaired at the time of your arrest? Possibly. Does it mean that the prosecution will try for the harshest penalties allowable by law for the offense? Most definitely. To be punished to the full extent of the law may not be warranted; however, in most cases, the State will make every attempt to do so. And without a proper defense, a person charged with DUI is more likely to be convicted and subjected to maximum punishments and fines.
If you are facing a drunk driving charge, the dedicated DUI defense attorneys at Alpert Schreyer can build a strong and effective defense against unwarranted or excessive charges or penalties on your behalf. Do not put your professional, personal, and financial future in the hands of overzealous prosecutors.
How a DUI Defense Attorney Can Help
If you have been arrested for DUI, how would an attorney get the charges reduced? There are various arguments that a defense attorney may use to have DUI charges reduced.
Although the likelihood of reducing the charges depends on various factors, including:
- Whether it is a first or repeated offense
- Whether the law enforcement officer followed correct procedure
- What the driver’s actual BAC level was
- Whether the driver caused an injury accident (and its severity)
- Whether the driver caused a fatal accident
Even in the case of a fatal accident, a skilled criminal defense attorney can help to ensure that blame has not been unfairly assigned. There are many factors that may contribute to an injury or fatal auto accident. Although alcohol or drug impairment may be one of them, this does not mean that other factors do not contribute. Some factors that are unrelated to the arrested driver, such as hazardous road conditions or another driver’s negligence. A DUI defense attorney’s job is to make sure these other factors are revealed.
Types of DUI Charges
A first offense conviction for DUIs can carry a maximum penalty of one year in prison and up to $1,000 in fines upon conviction. A knowledgeable MD DUI defense attorney can have these penalties significantly reduced – or even dismissed upon completion of an alcohol treatment program, installation of ignition interlock device, or probation.
Subsequent DUI offenses are prosecuted more aggressively, and carry more serious charges and penalties. Aside from the number of offenses, charges and penalties increase based on the actual crime as well. A person charged with DUI for driving under the influence of alcohol would be subject to the standard penalties; however, there are a number of special circumstances that would carry a more severe charge and harsher penalties. These involve causing an injury, or killing someone while operating a vehicle under the influence of alcohol or drugs.
Effective Legal Representation You Can Trust
DUI or DWI cases can be very complicated. However, knowledgeable defense lawyers understand that much of a drunk driving case is based on one perspective. Being arrested for DUI takes a specifically prescribed process, within which mistakes can be made by law enforcement. It’s a police officer’s job to keep roads safe from impaired drivers. But it is a defense attorney’s job to make sure the police officer does not charge impairment when none exists. As a National Highway Traffic Safety Administration (NHTSA) certified field sobriety test instructor, who is also certified on breath testing devices, attorney Andrew Alpert can recognize and challenge improperly obtained Breath Alcohol Content results as well as incorrect procedures used during field sobriety testing.
