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Rockville DUI Lawyers

• Gibbs Law Firm: Serious traffic violations are perhaps the most common criminal offenses for which many otherwise law abiding citizens will ever be accused. A short drive home after a few too many drinks at a social gathering or professional event, a quick ride to the store after failing to make timely payment on those pesky outstanding traffic fines, and, of course, taking over the wheel for a while to relieve the authorized driver of a rental car even though you may not have bothered to add your name to the list of permitted drivers, all have several things in common. First, depending on the particular situation each scenario could constitute a serious traffic violation; second, where the circumstances qualify these situations as traffic violations each of them expose the driver to potential jail time; Finally, in addition to the looming prospect of jail time, the driver is also subject to the possibility of significant fines. Case in point, driving while impaired by alcohol (DWI), driving under the influence of alcohol (DUI), and driving while license suspended or revoked, expose drivers to severe criminal penalties consisting of periods of incarceration from sixty (60) days to 1 year for a first offense, based on the nature of the particular offense. Moreover, those criminal penalties are often accompanied by harsh administrative sanctions consisting of the assessment of points ranging from 3 to 12 Š thereby heightening the anxiety of the situation for most drivers.
• Bours, Reginald: Intoxication is defined as a change in a person's mental or physical capacity as a result of the introduction of any substance into the person's body, regardless of whether the substance is alcohol or a drug. Voluntary intoxication is when a person voluntarily places himself or herself in an intoxicated condition. Voluntary intoxication is generally not a defense to the commission of a crime, even if it makes a person unaware of his or her surroundings, makes him or her unconscious, or gives him or her no memory or understanding of his or her offense.
• Wechsler & Friedman: Traffic/Drunk Driving/Criminal Matters: lf you need to go to court on any of these matters, have an experienced attorney for your defense.
• Kupferberg, Steven: DUI Defenses If a party is charged with driving under the influence of alcohol (DUI), driving while intoxicated (DWI) or operating under the influence (OUI), there are numerous defenses he can raise prior to trial by way of a motion to suppress evidence or to dismiss the charges or during trial. Defendant denies operating vehicle The defendant can deny that he was operating the vehicle. The prosecutor is required to prove not only that defendant was intoxicated, but that he was also operating the vehicle. Probable cause The defendant can argue that the officer lacked probable cause to stop the vehicle. Further, the defendant may argue that the officer lacked probable cause to detain and arrest him. Miranda and implied consent warnings After the officer arrests the defendant for DUI, any statements that the defendant may make after being taken into custody may be suppressed if the officer failed to give him Miranda warnings. If the officer failed to advise the defendant of the implied consent warnings and the consequences of refusing to take a breath test, the breath test results may be suppressed. Field sobriety tests Results of field sobriety tests conducted by the officer may be suppressed. The defendant may argue that the officer was biased in his subjective conclusion that the defendant was intoxicated after administering the field sobriety tests. The defendant may also cite a physical condition that precluded him from performing the tests properly. Blood-alcohol concentration test This test is most often conducted at the scene of the arrest. The defendant is required to blow into a device which measures the amount of alcohol in the defendant's system. The defendant may argue that the test was defective or improperly conducted. The defendant may also argue that medication that he was taking affected the test results or that the test results were skewed because he had just had a drink. Other chemical tests The defendant may be required to submit to a blood or urine test after his arrest. The defendant may argue that either of the tests was not properly performed, biased, or inaccurate. The prosecution will be required to prove that the tests were accurate and not defective at the time that they were administered.
• Emden Law: If youÕve committed a traffic violation, you could lose your license, get a jail term, suffer increased insurance rates, or even lose your job.
• LAMARI, JOSEPH: Consequences of criminal charges, whether involving drunk driving or any other criminal offense, are far-reaching and can have a lasting impact on your life. Skilled criminal defense from a knowledgeable lawyer can help you to avoid unjust jail time, hiked insurance rates, and the loss of your driving privileges.
• Christopher Hostage: Charged With Drunk Driving or Traffic Offenses in D.C. or Maryland? Whether this is your first DWI offense or you are facing serious consequences because of earlier convictions, you can expect a DUI conviction to cost you money now and far into the future. It could mean the loss of your license. It could mean jail time. Take Action Now: In Maryland, you will be facing DUI charges in district court. License revocation hearings take place at the Maryland Motor Vehicle Administration in less than two weeks - get a lawyer now. Your DWI lawyer needs time to investigate your case if you want to save your driving privileges and qualify for a temporary license. It's Worth It to Fight: The penalties for drunk driving are severe: fines, points on your driving record, driving school, a restricted license, an interlock device, a revoked or suspended license, jail time, even prison time, and a blot on your driving record for the rest of your life.
• Michael Banks: For most people, driving a vehicle is a necessary freedom. Our goal is to protect your right to drive. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be a stressful experience. Penalties may include suspension or loss of license, increased insurance rates, jail or prison time, probation, serious fines, and a permanent criminal record. An experienced criminal defense attorney can make a great difference in the outcome of your case. A skilled criminal defense attorney will know how to challenge your arrest, focusing on whether the stop was legitimate, whether sobriety tests were correctly administered and whether procedures were properly followed.
• Steven Selzer: A DUI/DWI conviction can negatively affect many aspects of your life. DUI penalties range from fines and probation to significant hikes in insurance premiums, license suspension, and jail time. It is important to request a DUI administrative hearing within 10 days of a DUI arrest to avoid an automatic driver's license suspension.
• Joseph Lamari: Consequences of criminal charges, whether involving drunk driving or any other criminal offense, are far-reaching and can have a lasting impact on your life. Skilled criminal defense from a knowledgeable lawyer can help you to avoid unjust jail time, hiked insurance rates, and the loss of your driving privileges.
• Sterling Mead: Being charged with a DUI is a truly frightening moment, but that doesnÕt mean a conviction will come from it.
• Dobbs & Baker: Have you been charged with DUI or another felony or misdemeanor crime in Maryland, Virginia, or the District of Columbia? Many lawyers will say that they will aggressively defend you, and then turn your case over to an associate. The outcome of your case will depend largely on the experience and reputation of your attorney. You simply can't afford to trust your future to a paralegal or a young associate.
• Paul Wiesenfeld: If you or someone you know is charged with DUI or any other alcohol-related offense, it is important to hire an experienced criminal defense lawyer who has handled many DUI cases in Maryland. Paul R. Wiesendfeld will guide you through the legal process of the Maryland criminal justice system and the Maryland Department of Transportation Motor Vehicle Division. Being arrested for drunk driving does not have to be a devastating experience for you. In many cases, DUI charge can be successfully defended.
• Ain & Stein: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car. However, merely walking to your vehicle is insufficient to prove a violation of the statute.
• Michael Rothman: If you or a family member or friend is arrested or charged with any crime in Maryland or the District of Columbia, it is critical to contact an attorney who can explain your rights and aggressively defend them.
• Patrick Crawford: Drunk driving is a common but serious offense in Maryland. An arrest for a DWI or DUI can have a devastating affect on your life. You can lose your license, your vehicle - even your freedom. If youÕve been charged with a DUI or DWI, you need an attorney to assist you in both the administrative and court proceedings. You need a skilled DWI attorney ... who is experienced both before the courts and before the Office of Administrative Hearings. The implications of being charged with a DWI can include losing your license, even before you appear in court. It is important to contact a defense lawyer immediately after you are arrested. A lawyer can help you deal with the administrative hearing at the Motor Vehicle Administration (MVA) that will determine if you lose your license. And beyond that, you should be represented by a DWI attorney when you are dealing with the prosecutor and court. No attorney can guarantee that you'll keep your license, or that you will escape a fine or jail time, but your chances are much better with a lawyer than without.
• AP Pishevar: The best course of action is always to take any criminal charges seriously, be proactive and to seek competent and diligent legal representation. Never procrastinate on your legal rights!
• Thomas Heeney: A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial.
• Stein & Sperling: Criminal charges are customarily brought by a criminal summons or warrant that is authorized by a judicial officer. In the case of an arrest warrant, the next most important procedure following the arrest is the establishment of pre-trial release conditions, otherwise known as setting bond. A trial or hearing date is set in the appropriate court depending Effective representation is essential to ensure protection under the law... on the nature and seriousness of the charge(s). Mandatory and discretionary motions are filed early in the trial process to determine important points of law and to secure rulings on evidence. The case proceeds either to a negotiated plea or a trial, which will be before either a judge or a jury. In the case of a conviction, the judge will then consider all of the information which is relevant in determining the appropriate sentence. Effective representation at every stage is critical to ensure that the accused fully understands his rights and receives all the protections available under the law. Representation is advisable any time the authorities are conducting an investigation, even if charges have not yet been filed.
• Bradley Schwartz: Discuss your case with an attorney to find out if you have a legal remedy and to determine the best course of action for you to proceed with a legal claim.
• McCally and Hall: Court Decisions Regarding Reliability of Testimony Have Been Inconsistent In one notable 1980 case, Ohio vs. Roberts, the Court held that a statement given by an accomplice, who is not present or available to testify in person, may be admitted in trial if the judge considers the statement to have "adequate indicia of reliability." Roberts ruled such statements reliable if, among other bases for reliability, they contained "particularized guarantees of trustworthiness." Through this "trustworthy" test, judges were given broad discretion regarding the admissibility of certain out-of-court statements. Due to this expanded discretion, however, some experts viewed the Roberts decision as a deviation from the rights guaranteed by the Sixth Amendment, specifically, the victim's right to "confront" accusers.
• Luis Leon:
  If you have been charged, you do not have to speak with the police.
  
  The United States Constitution has certain rights that protect the accused. Such as:
  
  The presumption of innocence until proven guilty.
  
  The accused has the right to a fair trial. If the sentence is more than sixty days then the accused has the right to have a trial before a Jury.
  
  If the accused has a trial before a Judge, he/she can only be found guilty only if the Judge concludes that there is no reasonable doubt in the matter.
  
  The accused has a right (through an attorney) to request the names of all the witnesses and documents that the prosecutor wants to use in trial before said trial in order to give the attorney enough time to determine the possibility of winning the case. The attorney can request this information through a legal process called "Discovery".
  
  The accused and his/her attorney have the absolute right to cross-examine every witness who testifies against the accused.
  
  The accused has a right to testify in order to prove his/her innocence or not testify, and no Judge or Jury can deem him/her guilty due to the decision to not testify.
  
  If your attorney can prove that your constitutional rights have been violated, we can request that any evidence, which the police may have obtained illegally, should not be used against you in a trial.
  
• David Wasser: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
• Sandler & Mercer: The consequences for drunk driving and serious traffic offenses can include administrative sanctions such as the loss or suspension of your driving privileges, and criminal sanctions, such as incarceration, supervised probation, alcohol treatment, and/or substantial fines. There are immediate steps that can be taken to avoid or minimize these harsh penalties. Failure to take timely action may result in the automatic loss of your driving privilege in Maryland and prejudice the resolution of your pending criminal charges.
• Goren, Wolff & Orenstein: Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of .08 or more in his body.
• Stuart Grozbean: Most people do not realize how long they can lose their license to drive and they will be going before an Administrative Law Judge who has the power to keep them from driving. Can you afford not to drive? Will you lose your job?
• Patricia Harvey: Unfortunately, the judicial system looks easy on television and a good lawyer often appears, on the surface, to win cases effortlessly; giving the false impression that anyone can represent themselves or just any lawyer will do. Experience and reputation for hard work, diligence, and tenacity are just a few of the attributes that go into the makeup of a good lawyer.
  
  People frequently seem to make choices for legal representation based on, understandable but risky, considerations such as financial or location of an attorney's office. The decision on who will represent you is an important one and has far-reaching consequences. A criminal or traffic conviction has the potential of: scarring your record forever; loss of a professional license; deportation for those with a "green card" or undocumented status; and of course a period of time in jail. Court procedures are complicated and it is best to have an attorney help you through the maze of decisions that must be made, sometimes on the spot.
• Richard Lurye: Our Mission: To defend those accused of crimes, Driving While Intoxicated, Driving Under the Influence, serious traffic charges, and MVA violations which can result in license suspension and revocation.
• Justin McInerny: If you had a Maryland license when you were arrested, the arresting officer should have confiscated it and immediately issued you a temporary license. If you had an out of state license, the officer probably did not confiscate it. However, the officer still should have issued you a temporary privilege to drive in Maryland. Your temporary license/privilege is valid for the forty five days following your arrest. The officer also should have given you a hearing request form. This form tells you to request an MVA hearing within ten days of your arrest. Be sure to include the proper fee for the hearing or else the MVA might not grant you a hearing. The MVA will notify you by mail of your hearing date. Therefore, make sure the MVA has your correct address.
• Steven Berry: Probably nothing is more terrifying or upsetting to the average citizen than being charged with Driving While Intoxicated (or "DWI") or another serious traffic violation. Penalties in DWI and traffic cases include not only fines and potential jail sentences, but also the suspension or revocation of one's driver's license. Conviction of a serious traffic crime may also trigger the cancellation of one's automobile insurance -- and may even render one "uninsurable" by any reputable private insurance company. In addition, a traffic law defendant may be forced to undergo two separate legal proceedings; i.e., (1) a trial in the District Court of Maryland and (2) a license suspension hearing in the Office of Administrative Hearings.
• Kindermannlaw: The 'roadside' or PBT cannot be used against you in a formal sense and you are within your rights to refuse the same. However, the stationary breathalyzer machine typically located at the police station can be determinative in terms of guilt or innocence.
• Thomas Rand: If you are arrested for drunk driving, you should find a lawyer as soon as possible. In Maryland, you only have ten days from the date of the DWI arrest to request an MVA hearing that could help prevent your license being suspended; if the request is made after ten days, there is no guarantee that your temporary license will not expire. If the request isn't made within thirty days, the suspension cannot be lifted or modified.