Montgomery County DUI Lawyer
Offenses involving DUI are some of the most common cases heard in Montgomery County’s criminal courts. This is because something as simple as having one drink too many is illegal when driving, even if the incident does not involve an accident or an injury. So too is taking any street drug or medication that affects your ability to drive.
Still, the laws in Montgomery Country concerning DUI are more complex than they at first appear. This is because prosecutors have multiple ways to prove that a defendant drove while under the influence and because a DUI charge does not need to involve alcohol.
A Montgomery County DUI lawyer could help you whether this is your first DUI offense or a subsequent accusation. Hard-working criminal attorneys could work to help you to understand the state’s laws concerning DUI and how to defend yourself against these accusations in court.
The Concept of Implied Consent to Testing
As an experienced attorney could explain, driving in Montgomery County is a privilege, not a right. Consequently, all drivers give their implied consent to submit to a breathalyzer test whenever a police officer has reasonable suspicion that they are driving under the influence of alcohol.
Unlike many other states, a refusal to do so is not a separate criminal offense in and of itself. However, refusing a test will require the officer to seize a defendant’s driver’s license and the MVA will suspend the license for at least 270 days after a first refusal.
Whether to submit to a breath test upon an officer’s request is up to the defendant. A refusal can make a prosecutor’s case much more difficult in court. It should be noted that a defendant must be aware of the immediate consequences that refusing to take a test will have on their life. An intelligent DUI attorney in Montgomery attorney could explain how implied consent plays into a person’s drunk driving case.
When a Driver may Commit DUI
Md. Transportation Code Ann. §21-902 says that it is illegal for any person in Maryland to drive while under the influence of alcohol. A person is per se under the influence of alcohol if their blood/alcohol content is .08% or more according to Md. Criminal Law Code Ann. §2-501.
To prove their case, a prosecutor may rely on both scientific and observational evidence. For example, a breath test may indicate that a driver’s blood/alcohol level exceeded the legal limit. In addition, the arresting officer may make notes that the driver smelled of alcohol, was swerving in their lane, or slurred their speech.
It is also vital to remember that a police officer may make a judgment of impairment based on not just alcohol use. It is just as illegal for a driver to operate a vehicle while impaired by street drugs or even prescription medications.
The penalties for a conviction for DUI in Montgomery County vary greatly. A first offense may result in a period of probation, the payment of a fine, and a short loss of license. However, DUI convictions become more serious if a person is injured in the incident, if a defendant has a prior DUI conviction, or if the defendant was extremely intoxicated. A Montgomery County lawyer could help DUI defendants to better understand the state’s DUI laws and the potential consequences for a conviction.
A Montgomery County DUI Attorney Could Help
Enduring an arrest for DUI may seem like a mere nuisance. However, a conviction will create a criminal record, will affect your ability to drive, and could even result in a jail sentence. Even if this is a first conviction, and the incident did not involve an accident, a DUI may affect your life for many years to come.
A Montgomery County DUI lawyer could help to protect your rights following an arrest for DUI. They can work with you to help understand the laws as they apply to your case, to examine the prosecutor’s case for any weaknesses, and to develop a defense strategy that is custom fit to the facts of your case. Contact a lawyer today to get started on protecting your future.
