Timonium DUI Defense Lawyers

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

An accusation of driving under the influence (DUI) is many people's first brush with law enforcement. Even if you have maintained a clean record prior to a DUI arrest, you could still face strict penalties as a first-time offender. As such, you should come prepared with a strong defense strategy for these charges. A Timonium, Maryland DUI defense attorney can advise you of how to respond and provide you with strong representation in court.

At Posner & Cord, LLC, we know how serious a DUI charge can be for your criminal record and your driving privileges. Our criminal defense lawyers have years of experience, which means that we know how to handle these cases.

How Does Maryland Prosecute Charges of Driving Under the Influence?

Maryland prosecutes driving under the influence (DUI) charges in two main ways. Prosecutors can try to show that a driver was too impaired by alcohol to drive safely, based on evidence such as driving behavior, physical signs, and performance on field sobriety tests. They can also charge a driver with DUI per se if a chemical test shows a blood alcohol concentration of 0.08 percent or higher, even without other signs of impairment.

A first DUI conviction in Maryland can bring up to one year in jail, a fine of up to $1,200, and 12 points on your driving record. Penalties increase for repeat offenses, high BAC levels, and cases involving a minor in the vehicle. A DUI arrest also starts a separate administrative case with the Motor Vehicle Administration, which can suspend your license. You have a short window to request an MVA hearing after your arrest, so acting quickly is important.

What Does DWI Refer to in Maryland?

In Maryland, DWI refers to driving while impaired by alcohol, a less serious offense than DUI. A DWI charge generally means the state believes alcohol affected your ability to drive, but not to the level of being under the influence. A BAC of 0.07 percent can serve as evidence of impairment in a DWI case.

A first DWI conviction can still carry up to 60 days in jail, a fine of up to $500, and eight points on your driving record. Maryland also has separate charges for driving while impaired by drugs or a combination of drugs and alcohol. In some cases, prosecutors charge both DUI and DWI, and a plea to DWI may be offered as an alternative to a DUI conviction.

Reviewing the Traffic Stop in a DUI/DWI Case

Reviewing the traffic stop in a DUI/DWI case is often one of the most important parts of building a defense. Police must have a legal basis, known as reasonable suspicion, to pull over a vehicle. If an officer stopped you without a valid reason, evidence gathered after the stop may be suppressed.

Our attorneys also review what happened after the stop. We examine whether the officer had enough evidence to request field sobriety tests and to make an arrest. Field sobriety tests must be given and scored according to standardized procedures, and factors such as poor lighting, uneven pavement, footwear, injuries, or nervousness can affect the results. Dash camera and body camera footage can show whether the officer's report matches what actually happened.

Issues With Blood and Breath Testing

Blood and breath testing in DUI/DWI cases can be challenged when proper procedures are not followed. Breath testing devices must be properly maintained and calibrated, and the officer giving the test must be certified to operate the equipment. Officers must also observe the driver for a set period before the test to make sure nothing in the mouth affects the result.

Blood tests come with their own risks. Samples must be drawn by qualified personnel, labeled correctly, stored properly, and tracked through a clear chain of custody. Errors at any stage can call the accuracy of the result into question. Medical conditions, certain diets, and rising blood alcohol levels after drinking can also affect test results.

Meet With Our Timonium, Maryland DUI/DWI Defense Attorneys

At Posner & Cord, LLC, we will review the traffic stop, field sobriety tests, and chemical test records for errors that can weaken the case against you. We also help you protect your license at the MVA hearing. Contact our Timonium, MD DUI/DWI defense lawyers or call 410-252-0600 to schedule a free consultation.