Facing driving under the influence (DUI) charges in Prince George’s County, MD, can be a difficult situation to be in. If convicted, you’re looking at serious consequences that can affect many different areas of your life. If you find yourself facing charges in a DUI case, it’s essential to work with a Maryland criminal defense lawyer as soon as possible.
Our legal team is here to help you with any criminal charges you’re facing. Contact Alpert Schreyer Criminal Defense Attorneys or call (301) 262-7005 to schedule a free consultation with a Prince George’s County DUI lawyer.
How Alpert Schreyer Criminal Defense Attorneys Can Help If You’re Arrested for DUI
If you’ve been arrested for driving under the influence in Prince George’s County, Maryland, the most important thing you can do is to obtain legal counsel as soon as possible. Our lawyers have 125 years of combined experience. Here’s how our team can help:
- We will thoroughly review the details of your arrest to identify any weaknesses in the prosecution’s case and determine the best defense strategy.
- Our attorneys will examine all evidence against you, including the legality of the traffic stop, the accuracy of breathalyzer tests, and the administration of field sobriety tests.
- If appropriate, we negotiate with prosecutors to reduce charges or secure more favorable terms, potentially lowering your penalties and avoiding harsher sentences.
- Our experienced defense lawyers will advocate on your behalf in all court proceedings, from initial hearings to trial, ensuring your case is presented properly and giving you the best chance of walking away without a criminal record.
- If you lose your license, we will guide you through reinstating your driver’s license, helping restore your driving privileges as quickly as possible.
We are committed to protecting your rights and obtaining the best possible outcome for your DUI case. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Prince George’s County DUI lawyer.
Overview of DUI Charges in Maryland
Being charged with DUI or DWI in Maryland can be a stressful and confusing experience. Understanding the specific laws and regulations is essential for mounting an effective defense.
Driving Under the Influence
In Maryland, driving under the influence is considered the most serious offense related to impaired driving. A DUI charge is typically applied when a driver’s behavior indicates impairment, regardless of their blood alcohol concentration (BAC).
DUI Per Se – Blood Alcohol Concentration of 0.08% or Higher
Maryland law defines “under the influence per se” as having a BAC of 0.08% or higher. This means that if your BAC is at or above this level, you are automatically considered to be driving under the influence, even if you do not feel or seem noticeably impaired.
Driving While Impaired
Driving while impaired (DWI) is treated as a less severe offense compared to DUI in Maryland. While both charges involve impaired driving, the distinction primarily lies in the level of impairment and evidence presented.
A DWI charge may be applied if your BAC is 0.07%, indicating that you are impaired while driving, but not necessarily to the extent defined by a DUI. Although less severe, a DWI conviction still carries significant consequences.
Impairment by Drugs is Also Illegal
Maryland law prohibits driving under the influence of any impairing substance, not just alcohol. This includes both legal drugs, such as prescription medications, and illegal drugs like marijuana, cocaine, or methamphetamine.
This means that even if your BAC is below the legal limit, testing positive for certain drugs can lead to DUI charges.
Zero Tolerance for Underage Drivers
Maryland enforces a strict zero-tolerance policy for underage drivers (those under 21 years old) regarding alcohol consumption. This means that any detectable amount of alcohol in the system of an underage driver is grounds for DUI charges, regardless of whether the driver is impaired.
Understanding Maryland’s DUI laws is crucial for anyone facing such charges. If you’re facing DUI charges in Maryland, seeking experienced legal representation as soon as possible is essential.
What Are the Penalties for DUI Convictions in Prince George’s County, Maryland?
Facing a DUI conviction in Prince George’s County, Maryland can have serious and lasting consequences. Understanding the specific penalties associated with each offense level can help you better navigate the legal process.
Maryland 1st DUI Penalties
For a first DUI offense within five years, the driver typically faces:
- Up to one year in jail
- Fines of up to $1,000
- 6-month license suspension
If there was a minor passenger in the vehicle at the time of the DUI, the maximum jail time and fines are doubled. While drug and alcohol treatment programs are not mandatory for a first offense, any time completed in treatment can count towards the offender’s jail sentence, potentially reducing the time served.
Maryland’s Second DUI/DWI Penalties
For individuals with one prior conviction within the past five years, the penalties for a second DUI or DWI offense are more severe. A second DUI conviction typically results in:
- Jail time between 5 days and 2 years
- Up to $2,000 in fines
- Driver’s license suspension of 12 months
If minor passengers were in the car, defendants would face an additional $1,000 in fines and an extra 1 year in jail. Second DUI offenders must complete an alcohol and drug assessment and follow any recommended treatment programs. Time spent in treatment can be applied towards the required jail time.
Maryland 1st DWI Penalties
For a first DWI conviction, the driver generally faces:
- Up to 2 months in jail
- Up to $500 in fines
- License suspension for up to 6 months
If a minor was present in the vehicle, the penalties increase to up to one year in jail and up to $1,000 in fines. Similar to a DUI, drug and alcohol treatment is not required for a first DWI. However, time spent in approved treatment programs can be credited towards fulfilling any jail time imposed.
Maryland 2nd DWI Penalties
For a second DWI offense, the penalties include:
- Up to 1 year in jail
- Up to $500 in fines
- License suspension of 9 months
If a minor passenger was in the car, penalties can be increased to up to 2 years in jail and up to $2,000 in fines. In many DUI and DWI cases, drivers must install an ignition interlock device (IID).
The severity of the penalties increases with each subsequent offense, especially when minors are involved. If you find yourself facing DUI or DWI charges, it is essential to seek experienced legal counsel right away.
What Defenses Can Be Raised If I’m Arrested For DUI?
Being arrested for DUI in Maryland is serious, but several legal defenses can help challenge the charges against you. Some of the most common ones include the following:
Illegal Traffic Stop
Law enforcement officers must have a valid reason, such as probable cause or reasonable suspicion, to initiate a traffic stop. If the officer lacked justification for the stop, any evidence obtained as a result may be suppressed and deemed inadmissible in court.
Medical Conditions and Exceptions
Certain medical conditions, such as acid reflux or diabetes, can produce substances that interfere with breathalyzer results, leading to falsely elevated BAC levels. Additionally, some medications may impact the results of sobriety tests. Presenting evidence of such medical conditions can help negate the prosecution’s claims of impairment, supporting your defense against DUI charges.
Challenging Breathalyzer or BAC Test Accuracy
Breathalyzer and blood tests must be accurately calibrated and administered by qualified personnel. Any errors in the testing process, such as faulty equipment or improper calibration, can affect the reliability of the results.
Successfully challenging the accuracy of BAC test results can result in lower BAC readings being considered or even lead to the exclusion of these results from evidence, potentially reducing or dismissing your charges.
Unreliable Witness Testimony
Eyewitnesses and even law enforcement officers can sometimes provide inaccurate or biased testimony regarding your level of impairment. Factors such as poor visibility, officer fatigue, or personal bias can affect the reliability of their observations.
Highlighting inconsistencies or biases in witness testimony can undermine the prosecution’s case and support your defense.
Facing a DUI charge in Maryland requires a comprehensive understanding of the available defenses and how they apply to your specific situation. An experienced criminal defense attorney can evaluate the details of your case and identify the best strategy.
If you’re facing drunk driving charges, we understand how scary and overwhelming the situation can be. Fortunately, you never have to go through it alone; there are ways to fight against these charges. Working with our legal team gives you a chance to beat these charges and walk away without a criminal record. For help with a DUI or DWI charge, contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Prince George’s County DUI lawyer.