Some of the most common cases heard in Rockville criminal courts are those that allege some form of driving under the influence, or DUI. This is because an arrest can be the result of little more than a mistake or a poor decision, even when the event does not directly harm another party.

That being said, DUI charges are also some of the most defensible cases in criminal law. Defendants may believe that they are not guilty because they were not impaired under the definition of the law, because a police officer did not follow the proper procedures when stopping a driver, or because the methods used to determine intoxication were faulty.

A Rockville DUI lawyer could help people facing accusations of driving while under the influence. An experienced attorney could work to explain the definitions of DUI under the law, why a prosecutor has chosen to pursue charges, and how to defend against the allegations in court.

Driving Under the Influence in State Law

Everyone knows that it is illegal to drive drunk. However, they may not know exactly what this means and when an officer has the right to make an arrest. According to Maryland Transportation Code Annotated §21-902, it is illegal for any person to drive while under the influence of alcohol. Md. Criminal Law Code Ann. §2-501 provides more clarification by describing intoxication as having a blood/alcohol content of .08 percent or more.

However, prosecutors do not need to prove this level of alcohol in a person’s blood stream to secure a conviction. They may be able to demonstrate impairment despite not having this level of intoxication or even without the results from a breath test. Police officers receive extensive training to recognize signs of intoxication as well as how to administer field sobriety tests to gather evidence.

Finally, the State’s DUI statutes also allow an officer to make an arrest for apparent impairment due to the taking of drugs. Many drivers are surprised to face arrest after taking a prescription medication. The simple fact is that introducing any foreign substance into one’s body that may cause impairment and getting behind the wheel is illegal. A DUI attorney in Rockville could provide more information about the State’s impaired driving laws.

Helping Drivers to Avoid Harsh Penalties

The State takes allegations of DUI extremely seriously. Enduring a conviction can result in a lengthy jail term, the payment of hefty fines, and a lengthy license suspension. While a first conviction is unlikely to require a person to spend time in jail, the resulting loss of license and payment of fines can cost a person thousands of dollars and will create a criminal record. Of course, if the allegations involve a subsequent offense, or the facts of the case involve child endangerment or causing harm to another person, the available penalties will increase.

Clearly, it is vital for people to promote an effective defense in court. This is most easily done when the police officer does not have the opportunity to administer a breath test at the scene. While refusing to take the breath test is illegal in its own right and will result in a lengthy license suspension, this may help to prevent a DUI conviction.

In other cases, it can be helpful to analyze the actions of the officer before and during the arrest. If an officer did not have probable cause to stop a moving vehicle, all resulting evidence of intoxication becomes inadmissible at trial. Additionally, a defense attorney could cross-examine this officer on the stand to question their reasons for making an arrest after a stop. A drunk driving attorney could help to craft a defense that could prevent the imposition of harsh penalties.

Reach Out to a Rockville DUI Attorney Immediately

Driving on Rockville’s roads and streets require people to remain aware of their surroundings and to not place other people at a risk of harm. Facing allegations of violating this duty by driving drunk can lead to serious consequences. Even if the instance of apparent drunk driving did not hurt another person, the State can still impost harsh penalties.

A Rockville DUI lawyer is ready to help you to fight back. They can work to explain what the prosecutor needs to prove in court to secure a conviction. They can then evaluate the arresting officer’s notes and any scientific evidence to identify weaknesses and create reasonable doubt in the prosecutor’s case. A conviction can result in thousands of dollars in fines, the loss of a license, and even time in jail. Let our attorneys fight to protect you. Call today.

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