Ellicott City DUI Defense Attorney
Experienced DUI Defense Lawyer in Ellicott City, Maryland
In Maryland, DUI charges are more common than many people realize. Every year, thousands of residents face legal consequences due to accusations of driving under the influence of alcohol or drugs. Understanding what a DUI charge entails, the legal factors that can affect a case, and the potential outcomes is critical for anyone in this situation. If you or a loved one has been charged with DUI in Ellicott City, call our office at 410-837-6077 and let our knowledgeable attorneys fight for you.
What Constitutes a DUI in Maryland?
In Maryland, a driver may be charged with DUI if their blood alcohol concentration (BAC) is 0.08 percent or higher while operating a vehicle. However, even if your BAC is below 0.08 percent, you can still face charges for driving while impaired (DWI) if there is evidence that your ability to drive safely was compromised by alcohol or drugs. Maryland law imposes severe penalties for DUI offenses, including financial penalties, incarceration, license suspension or revocation, and the requirement to install an ignition interlock device.
Different Types of DUI Charges
Maryland categorizes DUI charges into several types, including:
- Driving Under the Influence (DUI): This charge typically involves driving with a BAC of at least 0.08 percent.
- Driving While Impaired (DWI): This charge may apply if a person operated a vehicle with a BAC below 0.08 percent, but they were considered to be unable to handle their vehicle safely due to impairment by alcohol or drugs.
- DUI Per Se: This charge applies when a driver has a BAC of at least 0.08 percent as evidenced by a chemical test, with no need to prove impairment.
- Commercial DUI: Charges of intoxicated driving may apply to commercial drivers if they have a BAC of at least 0.04 percent while operating a commercial vehicle.
- Underage DUI: Drivers under 21 years of age may be charged with DUI if they have any detectable alcohol level while driving.
What to Expect During a DUI Stop and Arrest
Being pulled over on suspicion of driving under the influence can be a stressful and confusing experience. Understanding the typical sequence of events can help you better prepare for what may occur during such an encounter with law enforcement. Here is a breakdown of what generally happens during a DUI stop and the subsequent steps that may follow:
- Traffic Stop: A police officer pulls a driver over for a traffic violation, such as swerving or running a red light. The officer may notice signs of impairment, such as slurred speech or the smell of alcohol.
- Field Sobriety Tests: The officer may ask the driver to participate in certain tests, such as walking in a straight line or standing on one leg. These tests are used to assess the driver's coordination and their ability to follow instructions, and indications of intoxication will provide an officer with probable cause to perform an arrest for DUI.
- Roadside Breathalyzer Test: If the officer suspects the driver is under the influence, they may ask the driver to blow into a device that will provide an estimate of the driver's BAC. The results of a portable breathalyzer test may provide probable cause to perform an arrest for DUI.
- Arrest: If field sobriety tests or a portable breathalyzer test indicate that the driver is intoxicated, or if other observations or evidence provide the officer with probable cause, the officer may place the driver under arrest for DUI. However, a preliminary roadside breath test is not admissible in court.
- Booking and Processing: After the arrest, the driver is taken to a police station for booking. This process includes taking fingerprints and photographs, and the driver will be asked to take a breathalyzer or blood test that is meant to accurately measure their BAC or determine if they have been using controlled substances. In Maryland, refusing a post-arrest breath or blood test will lead to automatic license suspension under the state's implied consent laws. The driver will be held in custody or released with a court date.
How Our Team Can Help
If you are facing a DUI charge in Maryland, the legal procedures that will be followed during your case can seem daunting. With more than 35 years of legal experience, Kirk Seaman, LLC has the knowledge and legal prowess needed to protect your legal rights and your future. Our team will carefully review all evidence, such as police reports, breathalyzer results, and field sobriety tests, to identify any inconsistencies or violations of your rights. Whether negotiating a plea deal or fighting the charges in court, we will stand by your side, ensuring that you will have the strongest possible defense to help you resolve your case successfully.
Reach Out to Our Ellicott City, MD DUI Defense Lawyers
DUI charges in Maryland can be overwhelming, and it is imperative to obtain legal guidance as soon as possible after an arrest. Attorney Kirk Seaman can provide you with thorough legal representation and help you take steps to reduce the consequences associated with DUI charges. Do not navigate this challenging situation by yourself—call 410-837-6077 or contact us online for a complimentary case evaluation.