Baltimore DUI Defense Lawyers

Strategic DUI Defense Attorneys Challenging Drunk Driving Charges in Baltimore, MD

The dangers of intoxicated driving are well-known, and most people understand that they should not get behind the wheel after drinking alcohol or using drugs. However, people sometimes make mistakes, and even if they believed they were safe to drive, they could be pulled over by police and arrested for driving under the influence (DUI). There are also some cases where a person may be falsely accused of drunk driving. Regardless of the situation, legal representation is crucial for anyone who is facing DUI charges.

A DUI conviction can result in multiple types of penalties, including jail time, heavy fines, a suspended license, and more. To determine the best ways to avoid a criminal record, issues that may affect a professional license, or other potential penalties, a person who has been charged with DUI can work with an attorney at Posner & Cord, LLC. Our lawyers understand what is at stake in these cases, and we are committed to protecting our clients' rights. We are here to stand by your side as you defend against a DUI conviction.

DUI and DWI Under Maryland Law

In Maryland, there are two separate but related offenses that could apply when a person is accused of driving while intoxicated.

Driving Under the Influence

A person may be charged with DUI if they are accused of operating a motor vehicle with a blood alcohol concentration (BAC) that is over the legal limit of 0.08 percent. This is known as "per se" DUI. A person who is over the legal limit can be charged with DUI regardless of whether they appeared to be impaired. DUI charges may also apply if a person was found to have a controlled dangerous substance in their system while driving or if they had used a combination of alcohol and drugs.

Driving While Impaired (DWI)

DWI is a lesser offense under Maryland law. It may apply if a person's ability to drive was allegedly impaired by alcohol, even if their BAC was below the legal limit. Charges will typically be based on a police officer's observations of the signs of impairment. A person could be charged with DWI even if chemical test results are unavailable or inconclusive. The penalties for DWI are less serious than those that apply for DUI charges, but a conviction will result in a criminal record and a license suspension, and a person could be sentenced to jail time and required to pay fines.

Aggravating Factors and Enhanced Charges

Certain factors can increase the severity of a DUI charge, resulting in more serious penalties. If a minor was in a vehicle when a person allegedly committed a drunk driving offense or if the person had a very high BAC, they may face elevated charges. Previous DUI or DWI convictions will also result in more serious penalties for a subsequent drunk driving charge.

What to Expect During a DUI Traffic Stop

The procedures followed when a police officer pulls someone over and investigates or arrests them for drunk driving can affect the ultimate outcome of the case. Our attorneys can help identify issues that may allow DUI or DWI charges to be challenged at any point during a traffic stop or arrest, including:

The Initial Stop

A police officer must have a lawful basis to stop a vehicle. In most cases, the officer must have observed a traffic violation, which may include something like running a red light, as well as issues like non-working headlights or taillights. They may also pull a driver over if they have reason to believe that the person is intoxicated. These reasons may include erratic driving or observing a driver holding a bottle of beer while in their car.

If a police officer did not observe a violation and did not have a valid reason to pull a driver over, the traffic stop may have been unlawful. Our lawyers can determine whether a traffic stop met the requirements for reasonable suspicion, and we can take steps to prevent any evidence that was obtained during an illegal traffic stop from being used during a DUI prosecution.

Field Sobriety Tests

When a police officer suspects that a driver is impaired, they will typically ask the driver to take tests that are meant to determine whether the person is intoxicated. These are known as field sobriety tests, and they will involve physical tasks like walking along a straight line or standing on one foot. The officer will be looking for signs of impairment, such as a loss of balance or problems following instructions correctly. Another common test involves moving an object from side to side and watching a person's eyes to see if they jerk involuntarily. All of these tests are meant to provide officers with enough evidence to arrest a person for DUI.

Field sobriety tests are not always a good indication of whether a person has been drinking or using drugs. Physical impairments, medical issues, uneven road surfaces, certain types of footwear, and the stress of an encounter with police can all affect a person's performance. Our attorneys can challenge an officer's observations and provide other explanations for why a person supposedly failed a field sobriety test.

Chemical Tests for Alcohol or Drugs

When a police officer believes that they have enough evidence to show that a person was intoxicated, they may perform an arrest. After being arrested, a person will be taken to a police station, where they will usually be asked to take a chemical test to determine whether they were over the legal limit for alcohol or had been using drugs. Chemical tests may include breathalyzers that detect alcohol in the breath or blood tests that will be analyzed by a lab to determine whether a person had alcohol or drugs in their bloodstream.

Our lawyers can take steps to challenge the results of chemical tests. We can look at whether breathalyzer devices were properly calibrated, whether maintenance had been performed as required, whether officers were properly trained on how to use devices, and whether medical conditions or other factors may have affected the results. When addressing blood tests, we can look at whether there are any gaps in the chain of custody of samples or whether errors may have occurred during testing.

Contact Our Baltimore, MD DUI Defense Attorneys

With the right legal representation, you can address DUI or DWI charges and take steps to achieve a positive outcome in your case. At Posner & Cord, LLC, our attorneys can help you pursue a dismissal, a reduction in charges, or a result that will help you avoid the loss of your driver's license or other long-term consequences. Do not face these charges alone. Contact our Baltimore DUI/DWI lawyers at 410-252-0600 to set up a free consultation.