Driving under the influence (DUI) is a serious criminal charge that can damage your life and reputation — but getting a DUI should not have to be the end. You can beat these charges, get them reduced, or get a lighter sentence with the help of our defense attorneys. There are various issues that our Maryland DUI lawyers can capitalize on to win your case.
For instance, did you know that if you are stopped without probable cause and are forced to take a test, our legal team could argue that this violated your rights, making the evidence inadmissible and resulting in the dismissal of your case? The attorneys at Pinder Plotkin have defended different clients charged with DUI offenses, getting them favorable outcomes.
Our DUI legal team in Maryland has a comprehensive knowledge of DUI laws and can help you build a strong and successful defense.
Maryland Drunk Driving Offenses
Maryland’s statute, §21–902, dictates that driving under the influence is a crime. There are specific presumptions of intoxication, or lack thereof, depending on an individual’s blood alcohol content (BAC). These include:
- Below 0.06% BAC: Anyone with a BAC below 0.05% is presumed not to be intoxicated or impaired.
- 07% BAC: Individuals with a BAC of 0.07% to 0.08% are presumed intoxicated.
- 08% BAC: If your BAC is 0.08% or above, there is a presumption of a DUI per seviolation. A prosecutor may not have to prove other indications that you were intoxicated for you to be charged with a DUI.
Penalties for Drunk Driving in Maryland
You face various possible penalties when you are charged with a DUI in Maryland. While each case is different, the specific circumstances surrounding your case, including your BAC, if you caused an auto accident, and if you have a prior DUI, influence the penalties you may face for your offense. Drunk driving penalties in Maryland are as follows:
First-Time DUI Offenses
The following are penalties that first-time offenders may face:
- Up to a $1,000 fine
- Up to one year in jail
- License revocation of up to six months
For a Second Offense
Suppose you are a second-time offender. You may face:
- A $2,000 fine
- Up to two years imprisonment, with a mandatory minimum of five days
- License revocation of up to 12 months
Repeat Offenders
Repeat offenders are individuals who have committed more than one DUI violation within the past five years. If you have been convicted of DUI within five years and have a prior DUI involving alcohol or a controlled dangerous substance, you could be subject to the following punishments:
- A license suspension for up to a year
- After your suspension ends, you must also participate in the Ignition Interlock Program for a year.
Maryland’s Implied Consent Law
Maryland’s implied consent law states that anyone who operates a vehicle in Maryland is deemed to have consented to a blood or breath test of their alcohol level. So, when a law enforcement officer pulls them over with probable cause for a DUI stop, they should take the test.
The implied consent law also assumes that a vehicle does not have to be moving for someone to be considered to be driving under the influence.
If drivers do not consent to the test, they cannot be physically forced to take it, although exceptions exist. For example, an exception to this law is when a driver causes a crash, including a motorcycle accident, that results in wrongful death or injuries; the law permits an officer to force them to take the test.
A Maryland DUI Lawyer Can Help
While you can represent yourself in a DUI case, this is rarely a good idea, as you will likely get convicted. You have a fair chance of beating the charges or getting a plea for a lesser charge or penalty when you work with an experienced attorney. Our DUI legal team in Maryland is highly trained, has extensive experience handling DUI cases, and is capable of helping you fight your DUI charge.
We handle DUI cases and can use the following defense strategies to help you beat your DUI charge:
Lack of Probable Cause for Stop
An officer must have probable cause to support a DUI stop. If they had no probable cause to stop you, we could file a motion disregarding and suppressing any evidence they might have submitted, deeming it obtained illegally. This could lead to your case’s dismissal.
Forced or Coerced Roadside Exercises
The law prohibits law enforcement officers from forcing or coercing citizens to perform roadside exercises. For instance, if you were forced to perform a breath test, our legal team can argue that this violated your rights. As a result, the case may be dismissed because evidence from a forced or coerced roadside exercise is inadmissible in court.
Failure To Advise You of Your Rights
You have the right to consult an attorney before being arrested or going through a criminal investigation. If you could not call an attorney before your arrest, our legal team could argue that this violated your rights. This may lead to your case’s dismissal.
Faulty Test
Our attorneys in Maryland can challenge the accuracy of the test results. For instance, breathalyzers do not measure BAC directly, so we can argue that factors like auto-brewery syndrome or the breathalyzer’s margin of error caused false results.
The DUI defense attorneys at Pinder Plotkin have developed strategies for combating different types of evidence. Breath and blood tests are done by machines that require proper calibration and must be conducted by an individual with the appropriate credentials. Police procedures demand that the arrest be made in a specific way. Our attorneys will evaluate whether they did their due diligence to protect your rights. If they violated your rights, we could get the evidence discarded.
Contact An Experienced Maryland DUI Attorney
Without quality legal representation, a DUI is a serious offense that can ruin your life, leading to months or years without a license, thousands of dollars in penalties, and jail time. Your best bet at fighting a DUI charge is talking to a qualified attorney, which comes with no commitment. We can help you work within the deadlines and develop the perfect defense for your case.
At Pinder Plotkin, we know Maryland DUI laws and have tried and tested experience representing clients charged with DUI offenses. We have handled many DUI charges, helping our clients fight the charges they face. Let our DUI legal team in Maryland fight on your behalf and get you a favorable outcome.
Are you facing a DUI charge? Contact us at 410-525-5337 or chat with our Maryland DUI lawyers on our website today.