Baltimore DUI Lawyers

dui

Being charged with a DUI in Baltimore or anywhere in Maryland is a stressful, even overwhelming experience. It could leave you worried about the consequences it may have on your reputation and future. Fortunately, you don’t have to go up against the criminal justice system on your own. The legal team at Greenberg Law Offices is ready to fight to obtain the best possible resolution to your charges.

For over 60 years and three generations, our firm has worked tirelessly to defend clients in Baltimore and throughout Maryland, treating everyone who walks through our doors like family. Our skilled litigators won’t hesitate to take a case to court when necessary to help our clients resolve the charges against them.

Let our family help your family during this challenging time. Contact Greenberg Law Offices today for an initial case review with a seasoned Maryland and Baltimore DUI lawyer.

Why You Need a Baltimore Defense Lawyer for a DUI Case

Police and prosecutors work hard to secure convictions for drunk driving. That’s why you need a Baltimore DUI attorney who serves all of Maryland and can:

  • Investigate your charges to look for evidence that can support a compelling legal or factual defense
  • Explain your charges and the potential outcomes of your case to allow you to make informed decisions
  • Identify and pursue case strategies that may help you secure the best possible outcome for your charges
  • Vigorously contest the prosecution’s case, including moving to exclude evidence that the police may have obtained by violating your rights
  • Fight as hard as necessary for your rights and interests, even when that means going to trial

What Are Maryland’s DUI Laws?

Maryland’s DUI statute makes it illegal for a person to drive or attempt to drive a vehicle while under the influence of or impaired by alcohol, drugs, or any combination of alcohol or drugs. Maryland DUI laws recognize two types of intoxicated driving offenses: driving while impaired (DWI) and driving under the influence (DUI).

A person commits DWI when they have a blood alcohol concentration below the Maryland DUI limit of 0.08 percent. They also show signs of impairment indicating they cannot safely operate a motor vehicle, such as poor coordination, slurred speed, or drowsiness.

A person commits DUI when they have a BAC of 0.08 or more, regardless of their ability to operate a motor vehicle safely, or they display signs of significant impairment from alcohol or drugs. Maryland considers DUI a more serious offense than DWI, imposing harsher penalties for a conviction.

Is a DUI a Felony in Maryland?

People arrested for drunk or drugged driving in Baltimore or throughout Maryland may ask the question, “Is a DUI a felony in Maryland?” Prosecutors may elevate the grading of a DUI charge from a misdemeanor to a felony when a defendant’s case involves various aggravating factors, such as the following:

  • The defendant caused an accident that injured or killed another person
  • The defendant had a passenger under 14 in their vehicle
  • The defendant has multiple prior DUI convictions
  • The defendant had a high level of alcohol intoxication

Felony DUI convictions can expose defendants to much harsher penalties than misdemeanor offenses, including multi-year prison terms and substantial fines. A DUI criminal defense attorney who serves clients in Baltimore and across Maryland can assess your case. Based on your lawyer’s findings, they could counter a prosecutor’s argument that your incident should be tried as a felony.

What Are the DUI Penalties in Maryland?

Penalties for intoxicated driving convictions in Maryland will depend on whether a driver committed a DWI or DUI and the number of prior drunk/drugged driving convictions they have. Maryland DUI penalties include the following:

  • First DUI – Up to one year in jail, a fine of up to $1,000, 12 demerit points on one’s driving record, and a potential driver’s license suspension of up to six months
  • First DWI – Up to two months in jail, a fine of up to $500, eight demerit points on one’s driving record, and a potential driver’s license suspension of up to six months (one year for drivers under 21)
  • Second DUI – Five days to two years in jail, a fine of up to 21,000, 12 demerit points on one’s driving record, and a potential driver’s license suspension of up to one year
  • Second DWI – Up to one year in jail, a fine of up to $500, eight demerit points on one’s driving record, and a potential driver’s license suspension of up to nine to 12 months (two years for drivers under 21)
  • Third DUI – Ten days to five years in jail, up to $5,000 in fines, and an 18-month license suspension; driving with a minor passenger can increase the maximum jail term by one year and the potential fine by $1,000. Offenders must undergo a comprehensive alcohol abuse assessment and participate in substance abuse treatment as ordered by the court.

Following a first DWI or DUI offense that does not involve injury or death, a court may impose DUI probation before judgment. This may involve one year of probation with the defendant remaining under supervision until they complete court-ordered drunk driving classes, pay fines, and attend a victim impact panel meeting. Other probation conditions may include refraining from alcohol/drug consumption, surrendering and refraining from possessing firearms, and remaining within Maryland unless obtaining court permission to travel outside the state.

Courts may also order defendants convicted of DWI/DUI to install ignition interlock devices on their vehicles. In some cases, drivers may voluntarily install devices as an alternative to a driver’s license suspension or revocation.

DUI convictions can have other consequences beyond a criminal sentence. For example, a conviction may increase a driver’s auto insurance costs, as insurers may view DUI/DWI convictions as a sign that a driver poses a more substantial risk. A conviction can also cause an individual to lose their job, especially if they drive for work. Finally, a conviction and resulting criminal record can impose a stigma that can complicate pursuing jobs, educational opportunities, or housing.

What Are Common Defenses Used in DUI Cases?

Possible defenses available to drivers facing DUI/DWI charges in Baltimore and Maryland include:

  • Unlawful Traffic Stop – A defendant may challenge the prosecution’s case by arguing that police unlawfully stopped them or improperly extended a traffic stop.
  • Unreliable Field Sobriety Testing – A driver who submits to field sobriety testing during a DUI stop may challenge the reliability of their test results by highlighting issues that may have affected testing, such as environmental factors (inclement weather, uneven ground) or medical conditions (arthritis, inner ear infections)
  • Unreliable Chemical Testing – Defendants may challenge the reliability of breath or blood testing performed after a DUI arrest by highlighting issues like the officers’ failure to follow testing procedures or the lack of calibration of testing equipment.
  • Unlawful Search or Questioning – Finally, a defendant may seek to exclude evidence from the prosecution’s case by showing that police conducted an unlawful search without a warrant or probable cause or questioned the defendant in custody without first advising them of their rights.

Can a DUI Be Dismissed?

If you’ve recently been arrested on suspicion of driving under the influence, one of the most important questions you may have for your defense attorney is, “Can a DUI be dismissed?” Prosecutors or the court may choose to dismiss DUI charges for various reasons, such as the following:

A prosecutor may choose not to pursue DUI charges against a driver if they have insufficient evidence to give the prosecution a near-certainty of success at trial.

The prosecution may decide not to proceed with a DUI case after the defendant successfully moves to exclude critical evidence that the police obtained by violating the defendant’s rights.

Prosecutors may agree to drop a DUI charge due to police misconduct during the arrest or investigation, such as altering or fabricating evidence.

As defendants have a constitutional right to a speedy trial, a court may grant a motion to dismiss a case when the prosecution neglects to bring a defendant to trial within a reasonable time after filing charges.

The court may grant a motion to dismiss a DUI charge when the prosecution fails to provide a defendant or defense counsel with required discovery materials, including exculpatory or impeachment evidence in the prosecution’s possession.

How Much Does a DUI Lawyer Cost?

Are you asking yourself, “What is the cost of a DUI?” or “How much does a DUI lawyer cost?” Don’t make the mistake of trying to save money on legal representation in your DUI case. Paying for high-quality counsel can save you more money, time, and hassle in the long run. An experienced attorney can help you obtain a favorable resolution to your DUI charges that may allow you to avoid substantial fines in a criminal sentence, increased insurance costs, or loss of employment.

At Greenberg Law Offices, we have a transparent fee structure and will be honest with you about what you can expect throughout your case. That’s part of our commitment to treating every prospective client like family.