Gaithersburg DUI Defense Attorney
When you have been pulled over by a police officer who believes that you were under the influence of alcohol or drugs, you may not know how to respond, whether you may be arrested for DUI, or what you can do to avoid a conviction. The consequences you may face after a DUI arrest can affect you in many ways. You could lose your driver's license, be sentenced to jail, be required to pay high fines, and encounter a variety of other problems that may have an impact on your life and your future.
Understanding how to address DUI charges is crucial, and you will need to make sure you have an attorney advocating for your rights and working to resolve your case successfully. At Diamant Gerstein, LLC, our lawyers are ready to help you defend against a DUI conviction, and we can also take steps to protect your driving privileges and avoid long-term penalties that may affect your job, your family relationships, and other parts of your life.
When a police officer observes behavior that could be related to intoxicated driving, such as swerving, speeding, or failing to stop at a red light or stop sign, they may pull a driver over and take steps to determine whether to arrest them for DUI. In some cases, officers may believe that a driver is impaired based on the way they were driving. In others, an officer may pull someone over for a traffic violation, and after speaking to the driver, they may suspect that the person had been drinking alcohol or using drugs.
During a traffic stop, an officer will observe a person directly, looking for potential signs that they may be intoxicated. They may see that a person has bloodshot eyes, or they may listen to their words to determine if their speech is slurred. Other behaviors, such as fumbling attempts to retrieve a driver's license, may also be seen as signs of impairment. An officer may also look inside a vehicle for other types of evidence, such as beer cans or liquor bottles, or they may believe that a driver had been drinking because of the smell of alcohol on their breath or clothing.
In many cases, officers will use field sobriety tests to observe a driver's behavior, determine how well they can follow instructions, and look for balance issues or other factors that may indicate that a person is drunk or intoxicated. Tests performed may include a horizontal gaze test that requires a person to track a moving object with their eyes, a one-leg stand test that will require a person to maintain their balance, or a walk-and-turn test that looks for signs of impairment when a person is walking along a line.
In addition to or instead of field sobriety tests, an officer may ask a person to take a breath test during a traffic stop. The portable breathalyzer tests used in these situations may provide an estimation of the level of alcohol in a person's breath. A driver is allowed to refuse to take field sobriety tests or a roadside breathalyzer test. Based on the results of tests or a driver's refusal, an officer may choose to perform an arrest for DUI.
After a person has been arrested for DUI, the implied consent law in Maryland will apply to them. This law requires a person to submit to a chemical test to determine whether they are intoxicated. A person who refuses to take a chemical test after being arrested will face an automatic driver's license suspension.
Chemical tests performed in DUI cases may include breathalyzers that can give an accurate measurement of alcohol in a person's system or blood tests that may be analyzed by laboratories to determine if a person was over the legal limit for alcohol or had been using drugs. Based on the results of these tests or other evidence involved in a case, a person may be charged with DUI. They will be informed of the charges in an arraignment, and they may be required to post bail before they can be released from police custody. Their case will then move through the criminal court system as a prosecutor attempts to convict them of a DUI offense.
Our lawyers can review the evidence involved in a DUI case and other facts surrounding an arrest to determine the best steps to take to defend against a conviction. In some cases, we may be able to challenge the reasons for a traffic stop that led to an arrest. Police officers are required to meet a "reasonable suspicion" standard when stopping a vehicle, meaning that they must have observed a traffic violation or have another reason to believe that a crime has occurred. If a traffic stop was not based on a reasonable suspicion, evidence gathered after the driver was pulled over may be challenged.
We may also be able to address the ways officers performed field sobriety tests. These tests will only be considered to be reliable when officers follow specific, standardized procedures. If a test was administered incorrectly, or if an officer did not account for physical conditions or other issues that could have affected a person's performance, we may argue that a person was wrongfully arrested.
When addressing other evidence involved in a case, we may be able to challenge the results of breath tests or blood tests. Breath testing machines will only provide accurate measurements if they have been properly calibrated and maintained. We can review records related to a specific machine's maintenance history to determine whether the results of a test may be questioned. In cases involving blood tests, we can identify issues that may have affected their reliability, such as gaps in the chain of custody of blood samples or improper storage methods.
Responding quickly and effectively to DUI charges can be important for anyone who has been accused of drunk driving. At Diamant Gerstein, LLC, we can review the details of a traffic stop, examine the evidence gathered by law enforcement officers, and take steps to build a strong defense strategy. To learn more about how we can help defend against a criminal conviction, minimize the penalties a person may face, and prevent the loss of a driver's license, contact our Gaithersburg, MD DUI lawyers at 301-560-2685.
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6110 Executive Blvd, Suite 1050
Rockville, MD 20852
From our office in Rockville, Maryland, we serve clients throughout Montgomery County and the surrounding areas, including Ellicott City, Columbia, Frederick, Clarksburg, Germantown, Silver Spring, Chevy Chase, Olney, Bethesda, Gaithersburg, Potomac, Baltimore, Baltimore County, Prince George's County, Frederick County, Howard County, Charles County, Anne Arundel County, Kent County, Caroline County, and Washington County.
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