Gaithersburg DUI Defense Attorney

Lawyer Helping People Who Have Been Arrested for Drunk Driving in Gaithersburg, MD

When you are accused of driving while under the influence of alcohol, marijuana, prescription drugs, or controlled substances, you may face serious consequences. You may be looking at the possibility of jail time, and you could be required to pay thousands of dollars in fines and court costs. The loss of your driver's license could affect your ability to work and manage daily activities, and a DUI may show up on background checks, affecting your ability to find a job or maintain a professional license. Taking the right steps to defend against DUI charges can help you avoid some or all of these problems and resolve your case successfully.

Trying to navigate the legal process alone after being arrested for DUI will increase the risks that you will be convicted and face severe penalties. You need an advocate on your side to help you defend against DUI charges. At the Law Offices of Mallon Snyder, our lawyer will take the time to understand your situation and provide you with attentive, personalized representation. He will answer your questions, make sure you are prepared for court dates and other legal procedures, and work with you to make sure you can achieve positive results in your case.

The Difference Between DUI and DWI in Maryland

Under Maryland law, there are two types of drunk/intoxicated driving charges that are closely related but different. Many of these cases will involve charges of driving under the influence (DUI). This charge may apply if you have been accused of operating a vehicle with a blood alcohol concentration (BAC) that was above the legal limit of .08%.

If your BAC was below the legal limit, you may be able to avoid DUI charges, but you could still be charged with driving while impaired (DWI). If a police officer believed that your ability to operate a vehicle safely was impaired because you had been drinking alcohol or using another substance, they could arrest you for this offense. While the penalties for DWI are lower than the penalties for DUI, a conviction will still lead to a criminal record and penalties like driver's license suspension, fines, and potential jail time.

Felony DUI

While most DUI or DWI cases will involve misdemeanor charges, there are certain circumstances that may elevate an offense to a felony. If you are accused of causing an accident while driving under the influence, you could face felony charges for vehicular assault or vehicular manslaughter. Felony DUI charges may also be based on factors such as a child passenger in your vehicle or a BAC of at least .20%. Regardless of the circumstances of a case, a third DUI offense or any additional offenses will be charged as felonies.

Commercial Vehicle DUI

If you hold a commercial driver's license (CDL), a lower legal threshold for BAC will apply when you are operating a commercial vehicle. You could be charged with DUI if your BAC was .04% or higher. In these cases, you may not only face criminal penalties for DUI, but you could also lose your CDL. In fact, if you are convicted of DUI while driving a non-commercial vehicle, your CDL will still be suspended, affecting your ability to continue working as a commercial driver.

Underage DUI

For drivers who are under 21 years old, any alcohol use while driving is prohibited. Underage drivers can face DUI or DWI charges if police officers believe that they have been drinking or using drugs, even if they are below the legal limits that would apply to adult drivers. An underage DUI conviction will result in a license suspension, and a young person may face other penalties as well.

Defense Strategies in DUI Cases

Our attorney can work with you to explore the options for defending against DUI or DWI charges. He can help you determine whether you may be able to use strategies such as:

Challenging the Legality of a DUI Traffic Stop

In some cases, DUI charges may occur after a police officer conducted an unlawful traffic stop. An officer can only pull a driver over if they have a reasonable suspicion that an offense has occurred. They may conduct a stop after a driver commits a traffic violation or because a person was driving dangerously. However, if they had no reason to perform a stop other than a vague idea or hunch, the evidence gathered during and after the stop may be excluded from a case.

Questioning Field Sobriety Test Results

When a police officer suspects that a person is intoxicated during a traffic stop, they may ask the driver to perform field sobriety tests, including having them balance on one foot or follow an object with their eyes. These tests may be affected by a wide range of variables, and the results are based on an officer's subjective opinions. Our lawyer can look at whether you were given proper explanations during testing, whether conditions on the side of the road may have affected the results, or whether an officer's assessment was inaccurate.

Challenging Chemical Test Evidence

Testing performed after a DUI arrest is meant to provide an accurate measurement of a driver's BAC. However, breathalyzer machines may give inaccurate results because of improper calibration, a lack of maintenance, or an officer who was not trained to use a device. Blood tests may also be inaccurate for a variety of reasons, such as contaminated blood samples or errors during testing. Our attorney can investigate how tests were performed and determine whether their results may be challenged.

Rising Blood Alcohol

Alcohol may continue to be absorbed into a person's bloodstream after they stop drinking. In some cases, it may be possible that a driver's BAC was below the legal limit when they were driving, but it rose to an illegal level after an arrest when a chemical test was performed. Our lawyer can determine whether BAC measurements accurately reflected your level of intoxication when you were driving.

Contact Our Gaithersburg, Maryland DUI Defense Lawyer

The decisions you make after being arrested for DUI can determine how your case will unfold and how it may be resolved. When you get in touch with the Law Offices of Mallon Snyder, our lawyer can take steps to preserve evidence, identify the issues that may affect your case, and begin building a successful defense strategy. Contact our Gaithersburg DUI attorney at 301-762-7500 to arrange a free consultation today.