Montgomery County DUI Lawyer

 

If you have been charged with driving under the influence (DUI) or driving while impaired (DWI), you have options for fighting the charge. An experienced Montgomery County DUI lawyer can help you make informed decisions about your case and can represent your legal interest in court. Whether aggressively working for a dismissal of the charges or negotiating a reduced charge or a sentence that will have minimal impact on your life, a Montgomery County DUI attorney is your strongest ally after a DUI arrest.

 

Understanding Montgomery County DUI

 

In Maryland, an intoxicated driver can be charged with DUI with a blood alcohol concentration (BAC) of 0.08 or greater. In certain situations, a driver may be charged with an alcohol-related driving offense with a lower BAC. For example, drivers of commercial vehicles are considered to be driving under the influence with a BAC as low as 0.04. For drivers under the age of 21, Maryland has no tolerance for drinking and driving; these young drivers may be charged with DUI with a BAC of only 0.02.

 

Commercial drivers and drivers younger than the legal drinking age are not the only ones who may be charged with an alcohol-related driving offense with a BAC below 0.08. In fact, the offense of driving while impaired (DWI) may be charged against drivers with a BAC of 0.07 if a police officer observes signs of impairment.

 

Your Montgomery County DUI case will likely be heard at one of two locations ofthe Montgomery County District Court:

 

• 191 East Jefferson Street in Rockville, MD
• 8552 Second Avenue in Silver Spring, MD

 

Generally, DUI in Montgomery County is charged as a misdemeanor; however, certain aggravating circumstances such as transporting a minor or causing an injury accident may lead to felony charges and enhanced penalties.

 

Montgomery County DUI Penalties

 

The penalties for DUI in Maryland vary depending on the severity of the offense. For example, a first offense DWI is a misdemeanor punishable by a fine of up to $500 and up to two months in jail. A first offense DUI, also a misdemeanor, carries up to a year in jail and a fine of up to $1000 if convicted. Penalties are doubled if an intoxicated driver has a minor passenger at the time of his or her arrest.

 

If a second DUI offense occurs within five years of the previous conviction, a driver may be penalized by up to two years in jail, a fine of up to $2,000, a twelve month driver’s license suspension, and installation and use of Ignition Interlock, a device which is purchased and installed at the convicted driver’s expense. Again, the sentence may be enhanced for aggravating factors.

 

Penalties become even more severe upon a third or subsequent DUI conviction in Maryland. Third offense DUI is punishable by up to three years in jail, a fine of up to $3,000, and a suspension of the driver’s license for eighteen months.

 

Montgomery County DUI and License Suspension

 

Montgomery County DUI leads to both criminal and administrative penalties. If you are arrested for DUI, it is likely that your driver’s license will be immediately confiscated. You have only ten days to request a hearing with the Maryland Motor Vehicle Administration (MVA) to reinstate your driving privileges pending the outcome of your case. Finding a DUI lawyer in Montgomery County as soon as possible can help you request your hearing in a timely manner, increasing the likelihood of maintaining your license until your case is resolved.

 

If you are arrested for DUI in Montgomery County, it is important to remember that Maryland Implied Consent laws require your submission to blood alcohol analysis following a DUI arrest. When you accept your driver’s license, you are agreeing to comply with blood alcohol testing should you be arrested for DUI. Your refusal to submit to post-arrest testing will result in the suspension of your license for 120 days, regardless of the outcome of your Montgomery County DUI case.

 

Montgomery County DUI Defense Attorney

 

Many people do not understand their options regarding a Maryland DUI charge. Some feel that they have no choice but to plead guilty in light of incriminating blood alcohol analysis results. However, a skillful Montgomery County DUI lawyer can work with you to determine the best course of action. Your DUI defense may involve negotiating a lesser charge or minimal sentencing; it may require working for a suspended sentence to help you avoid jail; or it may necessitate vigorous defense against charges stemming from an illegal traffic stop or other violation of your rights, which could lead to the dismissal of any charges against you. Call a Montgomery County DUI attorney for an evaluation of your case.