Arbutus DUI Defense Lawyer
Experienced Attorneys Fighting Against Drunk Driving Charges in Arbutus, MD
In Maryland, drunk driving charges are serious offenses with significant legal consequences that can affect your future. If you are facing a DUI or DWI charge, attorney Kirk Seaman can provide the legal representation you need to help you defend against a conviction. He can help you challenge the evidence, question the legality of a traffic stop, and take steps to defend against the charges and work towards a favorable outcome in your case.
The Difference Between DUI and DWI in Maryland
In Maryland, drunk driving offenses are commonly broken down into two types of offenses: DUI and DWI. Although they may seem similar, they differ in terms of the severity of the offense and the associated penalties.
Driving Under the Influence (DUI) is the more serious of the two charges. It will typically apply when a driver has a blood alcohol concentration (BAC) of 0.08 percent or higher. A DUI charge can also be brought if a driver is under the influence of drugs, including prescribed medications or illegal substances, that impair their ability to operate a vehicle safely. The consequences of a DUI conviction in Maryland can include hefty fines, jail time, and license revocation. Moreover, a DUI conviction can result in long-term consequences such as increased insurance rates and difficulties finding employment.
Driving While Impaired (DWI) is generally considered a lesser offense compared to DUI. It may apply when a driver's BAC is 0.07 percent or less, but the driver is intoxicated to the point that they may not be able to drive safely. While the penalties for DWI are less severe than those for DUI, they can still include a suspended license, possible time in jail, and fines.
Both DUI and DWI charges can have a profound impact on your life. It is essential to understand that even a first-time offense can carry significant penalties. Because of the ways you may be affected by the loss of your license, a permanent traffic record, and other penalties, it is crucial to work with an attorney who understands the nuances of Maryland's DUI laws and who can help you build a strong defense.
Related Charges and Considerations
In addition to DUI and DWI, there are several other charges related to intoxicated driving that may need to be addressed:
- Driving While Impaired by Drugs: In general, the same DUI or DWI charges will apply if a person was allegedly under the influence of drugs, including marijuana, as would apply if they had been drinking alcohol. Most of the time, the presence of illegal controlled substances in a person's system will result in DUI charges. The use of prescription drugs or other substances that led to impaired driving may result in DWI charges.
- Underage DUI: If a driver under the age of 21 is found with any detectable alcohol in their system, they can be charged with DUI, even if their BAC is below the legal limit for adults. Penalties for underage DUI can include license suspension, fines, and the requirement to participate in alcohol abuse education or treatment programs.
- Commercial Driver DUI: Due to the nature of their work, truck drivers and people who operate other commercial vehicles are held to a higher standard when it comes to the use of alcohol or drugs. In Maryland, a commercial driver may face DUI charges if their BAC is 0.04 percent or higher. The consequences for commercial drivers can be very serious, and in addition to fines and jail time, they may face the potential loss of their commercial driving privileges.
- Refusal to Submit to a Chemical Test: Maryland's implied consent law requires drivers to submit to chemical tests (such as breathalyzer or blood tests) if they are arrested on drunk driving charges. Refusing to take these tests will result in an automatic license suspension, and a refusal may be considered during a DUI case.
Common Defenses in Drunk Driving Cases
Several defenses can be employed in a DUI or DWI case, and the specific approach that may be taken will usually depend on the facts at hand. Some defenses that we may employ include:
- Challenging the Reasons for the DUI Traffic Stop: If the police did not have a valid reason for pulling you over, any evidence that the officer gathered during the stop may not be allowed in court.
- Questioning Field Sobriety Tests: A variety of factors can influence the accuracy of roadside tests that may be conducted to gauge a person's level of intoxication, such as poor weather conditions or medical issues. It may be possible to argue that the results were not an accurate measure of impairment.
- Disputing BAC Test Results: The accuracy of breathalyzer and blood tests can be challenged based on issues such as improper calibration, failure to perform regular maintenance, or the timing of the test in relation to when you were driving.
- Medical Conditions: Certain illnesses or health issues can mimic signs of intoxication, such as diabetes or neurological disorders. These conditions may provide a defense against the charge of impairment.
Contact Our Arbutus, Maryland Drunk Driving Defense Attorney
When addressing charges of DUI, DWI, or any related offense in Arbutus, Maryland, do not hesitate to seek legal assistance. With more than three decades of legal experience, attorney Kirk Seaman is ready to fight for your rights, and he will provide the strong representation you need to resolve your case successfully. We are available to assist you 24/7, and you can contact us at 410-837-6077 to set up a free consultation to discuss your case.