Silver Spring, MD DUI Defense Attorneys

Lawyers for Charges of Drunk or Drugged Driving in Silver Spring, Maryland

When you have been arrested for driving under the influence (DUI), you may not know what will happen next or what you can do to defend against the charges. Law enforcement officials in Maryland treat intoxicated driving charges seriously, and a conviction can affect your driver's license, your criminal record, your employment, and other areas of your life for years to come. At Diamant Gerstein, LLC, our attorneys can provide the representation you need as you address DUI or DWI charges. We will help you take steps to protect your driving privileges while defending against a conviction.

DUI Versus DWI

In Maryland, there are two separate types of charges that may apply in cases where people are arrested for intoxicated driving. In many cases, arrests for drunk driving will lead to charges of driving under the influence (DUI). These charges may apply if a person had a blood alcohol concentration that was over the legal limit of 0.08 percent or if they were allegedly under the influence of controlled substances.

In cases where a person was below the legal limit or allegedly experienced a low level of intoxication that did not meet the threshold for DUI charges, they may be charged with driving while impaired (DWI). While DWI is not considered to be as serious an offense as DUI, it can still result in penalties that may include fines, jail time, and the loss of a person's driver's license.

Reasons a Person May Be Arrested for Intoxicated Driving

There are a wide variety of situations where people may be arrested for DUI or DWI. A police officer may pull a driver over, and if they believe there is enough evidence showing that the person is intoxicated, they may arrest the driver. Arrests may also take place after accidents in which police who come to the scene suspect that a driver was intoxicated before the crash occurred. Some of the reasons why people may face DUI or DWI charges include:

• Alcohol Impairment: When a police officer believes that there are signs that a person has been drinking, such as the smell of alcohol on their clothing, slurred speech, bloodshot eyes, or unsteady movements, they may evaluate the driver to determine whether to arrest them for DUI or DWI.
• Controlled Substances: Police officers may suspect that a person is impaired due to the use of marijuana, cocaine, or other drugs. Observations of a person's behavior, physical symptoms that may indicate drug use, or the presence of drug paraphernalia in a vehicle may serve as reasons to arrest a driver.
• Prescription Medications: Certain types of medications can affect a person's coordination, reaction time, or alertness. Even if a person has a valid prescription, they may be arrested for DUI or DWI if their use of a medication has allegedly affected their ability to control their vehicle.

Field Sobriety Tests and Roadside Breath Tests

During a traffic stop, an officer who suspects that a driver is intoxicated may ask the person to perform field sobriety tests. These tests may require a person to walk in a straight line, stand on one leg while maintaining their balance, or follow an object with their eyes. In some cases, a police officer may also ask a person to take a preliminary breath test using a handheld device. While roadside breath tests may give an estimate of the alcohol in a person's system, they usually cannot be used as evidence in a DUI case, and their purpose is to provide a justification for an arrest.

Field sobriety tests are also used to determine whether an officer has probable cause to arrest a driver for DUI or DWI. These tests are subjective, and their results are often based on an officer's opinions rather than concrete evidence. There are many reasons other than alcohol or drug use that could lead a person to "fail," including fatigue, nervousness, uneven pavement, poor lighting, or a medical condition that affects balance.

Breath and Blood Tests Performed After an Arrest

After a person is arrested for DUI or DWI, they will usually be asked to submit to a chemical test of their breath, blood, or urine. Post-arrest tests are different from preliminary tests performed during a traffic stop, and their results can be used as evidence in a DUI case.

A person may refuse a chemical test, but doing so will not stop a case from moving forward, and it will trigger an automatic driver's license suspension. This suspension is handled separately from DUI charges, and it may apply even if a person is able to avoid a DUI conviction.

Defense Strategies to Avoid a DUI/DWI Conviction

Every DUI or DWI case involves specific facts, and the options for defense may depend on what happened during a traffic stop, what procedures were followed after an arrest, what tests were performed, and other factors. Our lawyers can help clients determine whether they may be able to defend against a conviction by using strategies such as:

• Arguing That There Was No Reason to Perform a Traffic Stop: If a police officer did not have a lawful reason to stop a person's vehicle in the first place, we may argue that evidence gathered during and after the stop should be suppressed.
• Examining Field Sobriety Test Procedures: An officer may not have followed the right steps when performing roadside sobriety tests, or they may have misinterpreted a person's actions as being caused by intoxication when there were other reasons for a "failure."
• Reviewing the Accuracy of Breath or Blood Tests: We can review the records related to chemical testing, looking at whether devices had been calibrated correctly or may have given inaccurate results. We can also determine whether there were gaps in the chain of custody of evidence or errors in testing that could have affected the results of blood tests.
• Negotiating Reduced Charge: We can take steps to minimize the charges a person may face by negotiating agreements with prosecutors. It may be possible to reduce a DUI charge to a DWI charge or to a charge of reckless driving. Probation or deferred adjudication may be available to help a person avoid having a conviction on their record.

Contact Our Silver Spring DUI Defense Lawyers

The steps you take after being arrested for intoxicated driving can determine the outcome of your case. One of the most crucial steps is to secure legal representation. The lawyers at Diamant Gerstein, LLC can provide the legal help you need to ensure that your case can be resolved successfully. Contact our Silver Spring, MD DUI/DWI attorneys at 301-560-2685 to set up your consultation with us.