Frederick DUI Defense Attorney

Experienced DUI Defense Attorneys Representing Drivers in Frederick, Maryland

A DUI arrest in Frederick can lead to criminal charges and the loss of your driving privileges. The criminal court decides whether you are guilty, while the Maryland Motor Vehicle Administration (MVA) handles your license. Both cases have important deadlines.

Attorney Sharon T. Diamant grew up in Frederick and previously served as a local prosecutor. Her experience helps her understand how DUI cases are investigated and prosecuted. At Diamant Gerstein, LLC, we provide criminal defense representation and are available 24/7 to answer urgent questions after an arrest.

What Is the Difference Between DUI and DWI in Maryland?

Maryland has two main alcohol-related driving offenses. DUI means your ability to drive was substantially impaired by alcohol or your blood alcohol concentration (BAC) was 0.08 or higher. DWI is a less serious offense that applies when alcohol impairs your driving to a lesser degree. Drugs and controlled substances can also lead to impaired driving charges.

Many Frederick County arrests begin with traffic stops along I-70, I-270, U.S. 15, and Route 40. Misdemeanor cases usually begin in the District Court for Frederick County. Cases involving jury trials may move to Circuit Court.

What Penalties Does a DUI Carry in Maryland?

Maryland DUI penalties depend on your prior record and the circumstances of your arrest. Under Maryland law, penalties include:

• First DUI: Up to one year in jail, a $1,200 fine, and 12 points on your license
• First DWI: Up to 60 days in jail, a $500 fine, and eight points
• Second DUI: Up to two years in jail and a $2,400 fine
• Third DUI: Up to five years in prison and a $5,000 fine when the law's prior-conviction requirements are met
• DUI with a minor passenger: A first offense can lead to up to two years in jail and a $2,000 fine

Repeat offenses may also carry mandatory jail time and longer license restrictions. If you face multiple DUI charges, our attorneys can review your prior convictions and explain the possible penalties.

How Do You Protect Your License After a Frederick DUI Arrest?

Police may take your license after a DUI arrest and issue a temporary driving permit. You have 10 days to request an MVA hearing and preserve your temporary driving privileges while the hearing is pending. You can request a hearing within 30 days. However, a request made after the first 10 days does not extend your 45-day temporary license.

A first test result of 0.08 or higher usually leads to an 180-day suspension. Refusing a chemical test can result in a 270-day suspension, or two years for a subsequent refusal.

Eligible drivers may enter Maryland's Ignition Interlock Program instead of serving a suspension. The device checks your breath for alcohol before allowing your vehicle to start. Our attorneys can help you challenge a license suspension, understand your options, and take the steps needed to protect your driving privileges.

What Happens if You Took or Refused a Breath Test During a DUI Stop in MD?

If you took a breath test during a DUI arrest, the results can affect both your criminal case and your driving privileges. A blood alcohol concentration of 0.08 or higher can lead to a license suspension. However, your attorney may be able to challenge the accuracy of the test.

If you refused the test, you could face a longer license suspension. Your refusal may also be used against you in court, but it does not mean you will be convicted.

Our attorneys can review the circumstances of your arrest, challenge improper testing procedures, and help protect your rights. You can also find answers to common DUI questions on our website.

How Can a DUI Charge Be Challenged?

A DUI arrest does not guarantee a conviction. We examine the evidence to determine whether police followed proper procedures. We will also review the reason for the traffic stop and whether the officer had enough evidence to make an arrest. Problems with field sobriety tests, breath testing equipment, or blood test results may also provide grounds to challenge the charges.

Poor lighting, uneven roads, medical conditions, and testing errors can weaken the prosecution's case. Having an attorney with a background as a former prosecutor helps to identify problems with police reports and witness testimony. We use this information to challenge the charges or seek a better outcome.

Is Probation Before Judgment Available for a DUI?

Probation before judgment (PBJ) allows eligible drivers to complete probation without receiving a criminal conviction.

PBJ can also prevent DUI points from being added to your driving record. However, it is usually unavailable if you received a DUI-related conviction or PBJ within the previous 10 years.

Maryland now requires ignition interlock participation even when a driver receives PBJ for DUI or DWI. Some DUI cases may be reduced to reckless driving. However, reckless driving can carry up to 60 days in jail, a $1,000 fine, and six points. Our attorneys can explain whether PBJ or a reduced charge is possible in your case.

Contact Our Frederick, MD DUI Defense Attorneys

At Diamant Gerstein, LLC, attorneys Sharon T. Diamant and Jason P. Gerstein take a personal approach to DUI defense. As a family-operated firm, we answer calls directly and offer assistance in Spanish. Sharon has also appeared on WJLA 7 News, and our firm has earned more than 200 five-star client reviews

From your first call to the resolution of your case, we work to protect your rights and keep you informed. Contact our Frederick DUI defense attorneys at 301-560-2685 to schedule a consultation and discuss your options.