Owings Mills DUI Defense Attorneys

Strategic DUI Defense Lawyers Challenging Drunk Driving Charges in Owings Mills, MD

An arrest for driving under the influence (DUI) can be a frightening experience, and the stakes in these cases are high. A conviction for DUI can result in fines, driver's license suspension, requirements to use an ignition interlock device, and the possibility of jail time. Beyond the legal consequences, a drunk driving conviction can affect your employment, your professional license, your reputation, and your future. If you have been charged with DUI in Owings Mills or elsewhere in Baltimore County, having a skilled, dedicated attorney on your side can make a huge difference in how your case will be resolved.

The team at Posner & Cord, LLC represents people who are facing criminal charges based on allegations of drunk driving or drugged driving. Our lawyers understand the problems that can come with these charges, and we work with our clients to build the strongest possible defenses. You can rest assured that we will treat you with respect and compassion during your case while advising you on the best steps to take to minimize the ways your life may be affected.

Understanding DUI Charges in Maryland

It is important to understand the distinctions between the different types of charges related to intoxicated driving that can arise from a traffic stop.

DUI Per Se: The Blood Alcohol Concentration Standard

Maryland law has established a legal limit for blood alcohol concentration (BAC). This limit is 0.08 percent. When a driver's BAC reaches this threshold, they can be charged with DUI per se. That is, the BAC reading itself is treated as evidence of impairment, regardless of a person's level of visible intoxication. The law presumes impairment in any case where a person was driving while over the legal limit, without requiring any additional proof of intoxication.

BAC is typically measured through a breathalyzer test administered at a police station. In some cases, a blood sample may be collected and tested at a laboratory. There are potential errors that may occur when using either of these methods, and our attorneys will closely examine the procedures followed to determine whether test results can be challenged.

DUI Based on Drug Use

A person can be charged with DUI if they allegedly operated a vehicle while using a controlled substance. Multiple types of drugs could lead to intoxication, including marijuana, cocaine, methamphetamine, or heroin, as well as prescription medications such as opioids and sleep aids. The combination of multiple substances, such as prescription drugs and alcohol, may also make it unsafe for a person to operate a vehicle.

Testing for intoxication by drugs does not always provide clear-cut results, and in most cases, there is no legal limit as there is for alcohol. The presence of drugs in a person's body does not necessarily mean that they were impaired at the time they were driving, especially since substances may be detectable long after a person has stopped experiencing any effects. To address this issue, certain law enforcement officials who are trained as drug recognition experts (DREs) may perform assessments to determine whether a driver is impaired. However, these evaluations are highly subjective, and our lawyers can determine if their findings may be challenged.

DWI: Driving While Impaired

Maryland law also includes a lesser offense known as driving while impaired (DWI). A person could be charged with DWI if they had a BAC below 0.08 percent, but they are accused of driving when the use of alcohol or other substances affected their ability to operate a vehicle safely. While DWI is a less serious offense than DUI, it can still lead to consequences that may include fines and a driver's license suspension. Our attorneys will work to protect clients from the potential penalties that may apply in these cases while countering claims that they experienced impairments that affected their ability to drive safely.

Defense Strategies in DUI and DWI Cases

There is rarely such a thing as an open-and-shut DUI case. Our lawyers can examine all relevant information in a case, including what happened during a traffic stop, after an arrest, or during testing of a person's breath or blood. We will identify the best options for challenging the charges against our clients, which may include:

Challenging the Traffic Stop

A law enforcement officer is only allowed to pull over a vehicle if they have a reasonable suspicion that the driver committed a traffic violation or was involved in criminal activity. If a traffic stop was conducted without a legal reason, any evidence that the officer gathered, including field sobriety tests or observations of a driver's behavior, may be excluded from a DUI case. By arguing that a person should not have been stopped in the first place, our attorneys can show that an arrest for DUI was unlawful.

Field Sobriety Test Reliability

The field sobriety tests performed during traffic stops may establish probable cause. That is, the observations made by an officer during these tests may provide them with a reason to believe that a driver is intoxicated, allowing them to perform a DUI arrest. There are many factors that could affect these tests, such as road conditions, lighting, the shoes a driver was wearing, physical injuries or disabilities, or anxiety. Our lawyers will look at how these tests were performed, whether an officer followed the proper steps, and whether there are other explanations for a driver's "failure."

Breathalyzer and Chemical Test Challenges

Tests performed after a DUI arrest are meant to provide accurate measurements of BAC, or they may detect the presence of drugs in a person's system. However, breathalyzer machines must be calibrated, and regular maintenance must be performed. Officers must follow specific procedures when testing drivers. Errors during testing or issues with devices may lead to inaccurate results. Certain medical conditions or dietary habits can also affect breathalyzer readings.

For blood tests, there are a variety of concerns that may call the results into question. Gaps in the chain of custody of samples may raise questions about potential contamination. Reviews of laboratory procedures may show that results could have been inaccurate. Our attorneys can highlight issues with both breathalyzer and blood tests to argue that these forms of evidence do not prove that a person was intoxicated while driving.

Contact Our Owings Mills DUI Lawyers

Charges of DUI or DWI are serious, but they can be challenged by a lawyer who understands the factors that can influence these cases. At Posner & Cord, LLC, we can provide you with a strong defense to help you resolve DUI charges successfully. Arrange your free consultation by contacting our Owings Mills, MD intoxicated driving defense attorneys at 410-252-0600.