Towson DUI Defense Lawyers

Established DUI and DWI Lawyers Defending Drivers in Towson, MD

Driving under the influence (DUI) and driving while impaired (DWI) are serious offenses under Maryland law. When a person is convicted of an offense involving drunk driving or driving under the influence of drugs, they may face harsh consequences that could disrupt their personal and professional life.

At Posner & Cord, LLC, our attorneys take a hands-on, client-focused approach to DUI defense, working directly with clients to explore the available legal options and develop defense strategies based on the unique facts and issues involved in their cases. Whether a client is facing a first-time offense or has prior DUI convictions, our lawyers can take steps to challenge the evidence, protect their rights, and fight for a resolution that will minimize the impact of the charges.

DUI Traffic Stop Procedures and Constitutional Issues

A DUI defense strategy often begins with a close analysis of the traffic stop. A police officer must have reasonable suspicion before they can initiate a stop, such as observations of a traffic violation or erratic driving. If an officer pulled a driver over without a valid legal basis, then any evidence they gathered afterward may be inadmissible in court. Our lawyers will review dashcam footage, officer reports, and client testimonies to determine whether the initial stop was handled correctly.

Field Sobriety Testing

During a traffic stop in which a person is suspected of drunk driving, a police officer may attempt to administer field sobriety tests that are meant to help determine whether a person is intoxicated. Common tests include standing on one foot or walking in a straight line, during which an officer will watch for signs of impairment, such as a loss of balance.

Field sobriety tests are used to help officers determine whether probable cause exists for an arrest. However, these tests are inherently subjective, and they can be affected by factors that have nothing to do with alcohol or drug use. A "failure" may occur due to fatigue, an uneven road surface, or medical issues. Our attorneys can evaluate whether an officer administered tests according to the proper guidelines and standards and whether their interpretation of the results was biased or flawed.

Chemical Blood Alcohol Testing

After a driver is arrested for DUI, they will usually be asked to take a breath, blood, or urine test to measure their blood alcohol concentration (BAC). In Maryland, a BAC of 0.08% or higher creates a legal presumption of intoxication. However, these tests are not infallible. Calibration issues, improper handling of samples, and delays in testing can all affect the reliability of results. Our lawyers can challenge the accuracy or admissibility of chemical tests when there is evidence that protocols were not properly followed.

DUI and DWI Penalties

In Maryland, a person who is arrested on suspicion of drunk or intoxicated driving could be charged with driving under the influence (DUI) or driving while impaired (DWI). The potential penalties can vary depending on the specific charge, whether it is a first offense or repeat offense, and whether the case involved aggravating factors like an accident in which someone was injured.

For a first-time DUI conviction, the penalties may include a jail sentence of up to one year and a maximum fine of $1,200. A person's license will be revoked for six months, and 12 points will be added to their driving record. For a second DUI conviction, the penalties increase to a maximum sentence of two years, a maximum fine of $2,400, and a one-year license revocation.

DWI charges may apply if a person did not have a BAC that was over the legal limit of 0.08%, but an officer believed that their ability to drive safely was impaired due to the use of drugs or alcohol. The penalties for a first DWI conviction include a jail sentence of up to two months, a $500 fine, a six-month driver's license suspension, and eight points added to a person's driving record. For a second DWI conviction, a $500 fine may apply, but the maximum sentence will increase to one year, and a person's license may be suspended for nine to 12 months.

DUI Defense Strategies

The approach to defending against a DUI or DWI charge will depend on the facts of the case. Our lawyers may take steps such as:

• Challenging the Legality of a Traffic Stop: As mentioned above, if there was no legal justification to stop a driver, an arrest and all subsequent evidence may be deemed invalid.
• Disputing the Officer's Observations: DUI arrests may be based on inaccurate or exaggerated observations. For example, an officer may claim that a driver exhibited slurred speech or red eyes, or they may claim that they smelled alcohol. Our attorneys can challenge these observations through cross-examination and provide alternative explanations.
• Questioning the Accuracy of Field Sobriety Tests: Our lawyers can show that there were factors that influenced the results of roadside sobriety tests or demonstrate that tests were not performed correctly.
• Addressing Chemical Test Results: We can help determine whether equipment calibration, contamination of samples, chain of custody errors, or other issues may call the results of breath, blood, or urine tests into question.
• Seeking Alternative Sentencing: If necessary, our attorneys may take steps to negotiate agreements that will allow a case to be resolved through probation before judgment (PBJ), enrollment in alcohol treatment programs, or other alternatives to a DUI conviction.

Contact Our Towson, Maryland DUI Defense Attorneys

After an arrest for DUI or DWI, the attorneys at Posner & Cord, LLC can assess your case, explain your rights, and begin building a defense to help you reduce or eliminate the penalties you may face. Contact our Towson DUI and DWI defense lawyers at 410-252-0600 to arrange a free consultation and learn how we can help to protect your record, your license, and your future.