Germantown DUI Defense Lawyers

Attorneys for DUI and DWI Charges in Germantown, MD

The dangers of drunk driving are well-known. To help prevent people from endangering others, police officers may stop drivers who appear to be intoxicated by alcohol or drugs. In some cases, a traffic stop for a minor offense may lead to an arrest based on suspicions that a driver is intoxicated. In others, an officer may stop a driver after observing signs of impairment, or a person may be arrested after a car accident. Whether these arrests lead to charges of DUI or DWI, they can result in serious penalties, and people in these situations will need to understand their options for defense.

The lawyers at Diamant Gerstein, LLC represent people in Germantown and the surrounding communities who have been charged with offenses related to drunk driving. We can review police reports, breath test results, testimony by officers, and other evidence to determine what defenses may be available. We will review what happened during a traffic stop, arrest, and testing procedures, and we will work to help our client avoid a conviction. We treat each client with respect and provide compassionate guidance on how to resolve DUI cases successfully.

When Alcohol Use Leads to DUI Charges

A person may be charged with driving under the influence of alcohol based on an officer's belief that they showed clear signs of being intoxicated, such as slurred speech, erratic driving, or failed field sobriety tests. In most cases, chemical tests showing that a person had a blood alcohol concentration of 0.08 percent or higher will serve as the basis for DUI charges. A first DUI conviction can lead to a potential sentence of up to one year in jail and a fine of up to $1,000. Harsher penalties will apply for repeat offenses.

A person who is arrested for DUI may also face penalties affecting their driver's license that will be imposed by the Maryland Motor Vehicle Administration (MVA). A chemical test performed after an arrest that showed that a person was over the legal limit for blood alcohol concentration (BAC) will typically result in a driver's license suspension lasting for 180 days. A person who refuses a chemical test will face a 270-day suspension. The length of a suspension will be longer for a second offense. A person can request a hearing with the MVA to challenge the suspension of their license, but they will have a limited window of time to do so after receiving a notice of a license suspension. Failing to request a hearing can result in the loss of driving privileges even if a DUI case is dismissed or if a person is able to avoid a conviction. Reaching out to an attorney as soon as possible after a DUI arrest can ensure that the right steps will be taken to defend against a license suspension while also addressing DUI charges.

DUI Charges Involving Drugs

A person can be charged with DUI based on allegations that they were operating a vehicle while they were impaired by a controlled substance, a prescription drug, another substance, or any combination of substances that affected their driving ability. While Maryland law has not defined a legal limit for most drugs, the presence of controlled substances in a person's system may lead to DUI charges. An officer's testimony and/or an evaluation by a drug recognition expert may also play an important role in a drug-related case. The penalties for drug DUI are the same as for driving under the influence of alcohol.

DWI Charges

Even if a person is not over the legal limit for alcohol, they could be charged with driving while impaired, or DWI. This offense may apply if a person's use of alcohol or drugs has led to some level of impairment, but a person is not intoxicated to the level that would support DUI charges. While DWI charges are not as serious as DUI charges, they are still classified as misdemeanor offenses, and a conviction may lead to a sentence of up to two months in jail and a $500 fine for a first offense.

Defense Strategies in DUI and DWI Cases

The best approach to take when defending against DUI or DWI charges will depend on the specific facts of a case, including what happened during a traffic stop and arrest, what chemical tests were performed, and whether a person has any prior convictions. Our attorneys can help clients determine whether strategies like the following may be effective:

• Challenging the Reasons for a Traffic Stop: A police officer must have a legitimate reason to pull a driver over. This is known as the "reasonable suspicion" standard, and traffic stops must be based on valid reasons. These may include a traffic violation like speeding or rolling through a stop sign, or an officer may stop a driver who is showing signs of intoxication, such as driving well below the speed limit or weaving erratically across multiple lanes. If an officer did not have a valid reason to stop a driver, the traffic stop itself may be challenged.
• Questioning Interpretations of Field Sobriety Tests: Police officers will often ask drivers to take tests that are meant to determine whether they are intoxicated, such as following an object with their eyes or balancing on one foot. These field sobriety tests can be influenced by an officer's biases, and a person may "fail" because of a number of factors, such as poor lighting on the side of the road or nervousness. Our lawyers may argue that an officer interpreted a person's behavior incorrectly and that the results of field sobriety tests had nothing to do with alcohol or drug use.
• Examining Breath and Blood Test Procedures: Chemical testing that is performed after an arrest for DUI is meant to provide an accurate measure of the alcohol or drugs in a person's system. However, the devices used during testing must be properly calibrated and maintained, and the officers who administer tests must follow specific procedures. Our attorneys can review maintenance records, officer qualifications, and testing protocols to determine whether there are reasons to challenge the results.

Contact Our Germantown, Maryland DUI Defense Attorneys

When you have been arrested for DUI or DWI, it can be easy to feel overwhelmed as you deal with questioning by police officers, testing procedures, a driver's license suspension, and criminal charges. You need a strong legal advocate on your side to help you address the charges and develop a defense strategy. At Diamant Gerstein, LLC, our attorneys can advise you on the best steps to take to avoid a DUI conviction and minimize the impact that an arrest may have on your driving privileges, your employment, your criminal record, and your life as a whole. Contact our Germantown DUI/DWI defense lawyers at 301-560-2685 to arrange your consultation today.