Have you been arrested for DUI in Montgomery County, Maryland? A conviction could lead to harsh penalties and long-term consequences that may follow you for the rest of your life. Thankfully, you still have time to fight back with help from an experienced legal team at Alpert Schreyer Criminal Defense Attorneys.
We are a highly respected criminal defense law firm in Maryland that takes each case seriously. Our Montgomery County DUI lawyers bring together 99 years of combined experience, and we have helped clients successfully handle many types of criminal charges. We’re confident we can help you pursue the best possible outcome for your situation, too.
Contact our office or call (301) 364-3195 for more information. We offer a free initial consultation to assess your charges and talk about your next steps.
How Alpert Schreyer Criminal Defense Attorneys Can Help if You Were Arrested for DUI in Montgomery County, Maryland
Once you’re charged with DUI, law enforcement and prosecutors may already believe you’re guilty—regardless of what really happened. However, they must still prove your guilt beyond a reasonable doubt. That gives your defense attorney room to investigate and challenge the state’s case.
At Alpert Schreyer Criminal Defense Attorneys, our team is well-known throughout Maryland and includes the only Board-Certified DUI defense lawyer in the state. We’ve practiced in local courts for years and know the relevant laws and court procedures inside and out. We’ll use that understanding to your advantage at every turn.
Some of the ways we’ll be able to help include:
- Investigating your charges and the state’s evidence
- Filing motions to strengthen your defense
- Gathering any available exculpatory evidence
- Seeking to have your DUI charges reduced or dismissed
- Keeping you informed about your rights and options
- Representing you at hearings and at trial, if needed
The state pays attention when our Montgomery criminal defense attorneys represent a client. We’ll do everything we can to create a strong defense on your behalf. Call our law offices in Montgomery County, MD, today for a free consultation.
A Brief Overview of DUI Law in Maryland
Maryland’s drunk driving laws are primarily described in the Maryland Transportation Code. The state typically recognizes two main categories of impaired driving offenses: Driving Under the Influence (DUI) and Driving While Impaired (DWI).
- DUI: This charge usually applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher. The police may also arrest you for DUI if they believe you’re too impaired to drive safely, even if your BAC is below 0.08%.
- DWI: This offense can apply when your BAC is 0.07% or if there is other evidence of impairment. DWI is generally considered a slightly less serious charge than DUI, though it can still come with serious penalties.
If police suspect you of drunk driving, they may administer field sobriety tests (FSTs) or a breathalyzer test. In some cases, they’ll request a blood or urine test at a medical facility. Refusing these tests can lead to certain penalties under Maryland’s implied consent law, including a suspended driver’s license.
Even if you do take the tests, there are often ways to challenge the results. For instance, a breathalyzer must be properly maintained and calibrated, and the officer administering the test must follow strict protocols. Our lawyers will review the details of your case to see if these rules were followed, giving us potential defenses to raise on your behalf.
What Are the Potential Penalties for a DUI Conviction in Montgomery County, MD?
The penalties for a DUI in Maryland depend on several factors, including your BAC level, whether you have prior offenses, and if there were any aggravated circumstances, such as an accident or injury. Below are some general guidelines:
The penalties for a first-offense DUI may include:
- Up to 1 year in jail
- Fines of up to $1,000
- Driver’s license suspension of up to 6 months
- Possible requirement to install an Ignition Interlock Device (IID)
For a second-offense DUI, you could face:
- Up to 2 years in jail, with a minimum of 5 days
- Fines of up to $2,000
- Driver’s license suspension of up to 1 year
- IID installation
For a DWI, penalties might include:
- Up to 60 days in jail for a first offense
- Fines of up to $500
- Driver’s license suspension of up to 6 months (for a first offense)
- For second or subsequent convictions, jail time, fines, and suspension periods can increase
Penalties can grow more severe if the offense involves a minor in the car, an accident, or if your BAC is especially high. It’s also worth noting that future DUI or DWI convictions come with stiffer punishments. Repeat offenses might lead to longer license suspensions, steeper fines, mandatory substance abuse treatment, and extended jail time.
A drunk driving conviction will go on your criminal record. That can affect your ability to find work, secure housing, or keep a professional license. If you hold a Commercial Driver’s License (CDL), you risk losing it if convicted.
Collateral Consequences
Facing a DUI conviction in Montgomery County means more than just the criminal penalties. You could also deal with repercussions in many parts of your life:
- Employment challenges: Some employers might see a DUI on your record as a red flag. This could limit your job opportunities or hurt your current position, especially if you need to drive for work.
- Higher insurance premiums: A DUI typically leads to higher car insurance rates. In some cases, your policy might be canceled altogether.
- Limited travel options: Some countries deny entry to travelers with a criminal record, including DUI convictions. This can make personal or business travel harder.
- Loss of professional licenses: If you hold certain professional licenses—like a teaching certificate or a health care license—a DUI conviction might put those credentials in jeopardy.
- Social stigma: A drunk driving record can negatively impact personal relationships or standing in the community. A conviction can follow you for years.
Given how serious these consequences can be, it’s worth taking every measure to protect your future. The earlier you involve an attorney, the better your chance of minimizing or avoiding these penalties.
What Defenses Can I Raise in Response to DUI Charges in Montgomery County?
To convict you of DUI, the state must prove every element of the charge beyond a reasonable doubt. That requirement opens the door for a range of defenses. With guidance from a skilled defense lawyer, you can cast doubt on the evidence against you or argue that your constitutional rights were violated.
Here are a few possible defenses:
- Improper traffic stop: Police need a valid reason to pull you over, such as a broken taillight or swerving in your lane. If they lacked reasonable suspicion, the evidence obtained may be invalidated.
- Faulty breathalyzer or testing procedures: Breathalyzers must be carefully calibrated and maintained. Officers must also follow strict testing procedures. If they deviate from these rules, the test results might be challenged.
- Inaccurate field sobriety tests: Field sobriety tests (like the walk-and-turn) can be subjective. Factors such as poor lighting, uneven pavement, or physical conditions like an injury can affect your performance.
- Alternative explanations for alleged signs of intoxication: Red eyes, slurred speech, or unsteady walking can result from medical conditions, fatigue, allergies, or other factors.
- Challenging blood test accuracy: Blood samples can be contaminated or mislabeled. Lab errors can happen. If the chain of custody isn’t followed, results might not be trustworthy.
- Rising blood alcohol: Your BAC might continue rising after you stop driving, especially if you consumed alcohol just before getting behind the wheel. The timing of the test could inflate your real BAC while you were driving.
Your defense could also involve an affirmative defense, but that often requires you to present extra evidence. The main goal is to show that the prosecution hasn’t met its burden or to demonstrate that the state or police made errors. Our attorneys will investigate all avenues to build the strongest strategy for your situation.
Schedule a Free Case Evaluation With Our Experienced Montgomery County DUI Attorneys
Getting arrested for DUI in Montgomery County, Maryland, is a serious matter, but remember—you are innocent until proven guilty. You have the right to legal representation, and you should take advantage of that right. By hiring an attorney, you can challenge the prosecution’s case, explore plea deals, or even aim for a dismissal if the evidence is weak or flawed.
At Alpert Schreyer Criminal Defense Attorneys, our Montgomery County DUI attorneys share 99 years of combined experience. We have handled many DUI cases in Maryland, and we’re ready to give yours the time and attention it deserves. Contact us today for a free case review.