If you face a driving under the influence (DUI) charge in Maryland, you’re no doubt concerned about the implications for your future and may not know where to turn for guidance.

The best thing you can do for yourself and for your case is to consult an experienced DUI attorney at Alpert Schreyer, LLC, who will carefully analyze your claim and educate you about your best options. A DUI conviction can haunt your future. A dedicated Maryland DUI lawyer can help.

DUI

In Maryland, most DUI convictions result in misdemeanor charges—rather than felonies—but they’re still serious. In Maryland, it’s illegal to drive while under the influence of alcohol (with a blood alcohol content of 0.08 percent or more). A first violation of this law carries a maximum sentence of one year in jail, license revocation of six months, 12 points on your license, and a $1,000 fine. Subsequent offenses lead to significant increases in these penalties.

CONSEQUENCES OF A DUI: THE BASICS

If a court convicts you of a DUI, you will face significant ramifications. The fines, of course, present financial difficulties. Revocation of your license, however, probably causes an even more significant hardship. Few people find that they’re able to conduct their lives in the old familiar ways when they must refrain from driving for significant amounts of time. Furthermore, your car insurance rates are destined to skyrocket with a DUI conviction. These punishments, however, are just the beginning.

MORE COMPLICATED CONSEQUENCES

Things become more complicated from here. If the court sentences you to jail, you will face social stigmas and often significant psychological effects. Such a sentence can lead to family struggles, problems at work (or loss of work), damaged self-esteem, and much more. In fact, the consequences of a DUI jail sentence can prove difficult to overstate.

YOUR CAREER

Even if the court doesn’t sentence you to time in jail, your career can suffer significantly from a DUI conviction. The inability to drive can put you at a distinct disadvantage. And some employers just aren’t comfortable employing people with DUI convictions on their records—they may feel that it reflects badly on the company. If you need to find new employment, a DUI conviction can also make that more difficult. Many employers conduct background checks and won’t hire those with criminal convictions, either by policy or preference.

IF YOU FACE A DUI CHARGE, CONSULT AN EXPERIENCED MARYLAND DUI ATTORNEY


If you’re facing DUI charges in Maryland, you have a lot to lose. A DUI conviction can wreak havoc on your future, but an experienced DUI attorney can help you better understand the circumstances of your case and will help guide your case toward its most positive outcome.

The knowledgeable legal team at Alpert Schreyer, LLC, in Maryland, will explore your defense options with you. Our dedicated DUI attorneys have the experience, skill, and commitment to aggressively advocate for your case’s best possible resolution. We’re here to help, so please contact or call us at (866) 444-6363 for a free consultation today.



Maryland law is harsh when it comes to drunk driving, and understandably so. When people get behind the wheel when impaired by alcohol, they put everyone on the road at risk. When drunk drivers cause accidents, they can face extremely harsh penalties—particularly if they cause serious injury to the other people involved in the accident. These consequences can include significant fines and even lengthy prison sentences, so anyone accused of causing an accident while driving drunk needs to retain an experienced lawyer as soon as possible.

PROVING INTOXICATION REQUIRES EVIDENCE

Over the years, the acceptable blood alcohol concentration (BAC) in drivers has decreased, enforcement efforts have increased, and police are constantly on the lookout for impaired drivers. Meanwhile, Maryland has increased penalties for drunk driving.

Remember, however, that drinking and driving are not against the law—drunk driving is. This means that prosecutors need to prove that a driver was under the influence of alcohol beyond a reasonable doubt to obtain a conviction. This requires evidence of intoxication, which can include a driver’s appearance, odor, speech, statements, or chemical testing of the breath, blood, or urine.

This evidence can prove difficult to gather during the aftermath of a serious accident, and law enforcement often takes shortcuts to clear the scene of an accident. Police sometimes do not take the time they would with a typical DUI stop.

While an officer’s observation that you smelled like alcohol after an accident may prove relevant to a DUI investigation, it is not likely sufficient to establish that your BAC exceeded the legal limit when the accident occurred. This is not to say that a prosecutor will not try to bring a case against you anyhow, hoping that you simply plead guilty to avoid taking your case to trial.

For this reason, retain an attorney to represent you as soon as possible. Even in the face of additional evidence against you, a skilled attorney can often raise defenses, including:

  • Challenging the legality of the initial traffic stop 
  • Arguing that the officer who arrested you was not qualified to administer sobriety testing 
  • Introducing evidence that you have or had a medical condition that could alter the reliability of sobriety testing or mimic the signs of alcohol intoxication 

 CALL OUR OFFICE TODAY TO SCHEDULE A FREE CASE EVALUATION WITH A MARYLAND DUI DEFENSE ATTORNEY


If you are accused of causing an accident while you were drinking and driving, speak to an attorney as soon as you can. At Alpert Schreyer, LLC, DUI & Criminal Defense, we are committed to protecting the rights of people accused of drunk driving and other crimes. We work hard to ensure that every case we take is resolved as favorably as possible. To schedule a free initial case evaluation with a Maryland criminal defense lawyer, call Alpert Schreyer today at (866) 444-6363, or fill out our contact form.
IS A BREATHALYZER TEST ALWAYS ACCURATE?


In many cases involving charges of driving under the influence (DUI) charges, a major piece of evidence presented by the prosecutor is the result of a breath test. Breath tests are usually performed at the traffic stop using a device commonly referred to as a “breathalyzer.” If a breathalyzer measures your blood alcohol content (BAC) over the legal limit of 0.08 percent, the officer will have probable cause to arrest you. A reading over the legal limit also creates a legal presumption of impairment and satisfies that element of DUI charges for the prosecutor to convict you.

Many people believe that if the prosecutor has a breathalyzer reading over 0.08 percent, they will automatically be convicted of DUI. However, there are many instances in which a breathalyzer result is inaccurate or unreliable. A skilled defense attorney can determine if this may be true in your situation and may argue that breathalyzer results should not be suppressed in your case.

HOW A BREATHALYZER WORKS


Unlike a blood test, a breathalyzer cannot directly measure the alcohol levels in your blood. Instead, when you blow into the device, it measures the alcohol in the breath from your lungs and uses that measurement to estimate your BAC. There are many errors that can occur involving the device, the officer’s conduct, and more that can lead to unreliability.

POSSIBLE CAUSES OF INACCURACIES


There are many reasons why a breath test result may not be accurate, including the following:

  • The officer using the device was not properly trained in roadside breath testing or did not follow the necessary procedures set by the National Highway Traffic Safety Administration (NHTSA).
  • The device used was older. Older devices can read levels of acetone (common in diabetics or dieters) or environmental chemicals as ethyl alcohol, leading to a falsely high result.
  • The device was not properly calibrated.
  • The device was measuring mouth alcohol instead of deep lung alcohol, which can result in a much higher reading. Mouth alcohol can be present due to recent drinking, burping, acid reflux, using breath spray or mouthwash, or similar factors.
  • The test was conducted before the body had absorbed the alcohol, which commonly causes a false positive.
  • Abnormal kidney function or failure can also lead to a falsely high breath test result.

These are only some factors that can cause an unreliable high breathalyzer reading. Your experienced DUI defense lawyer will examine whether any of these circumstances were present in your case and can argue to have any breath test results thrown out. In such cases, if the prosecutor has no other concrete evidence of impairment, they may drop your charges completely.

CONTACT A MARYLAND DUI DEFENSE LAW FIRM FOR MORE INFORMATION TODAY

At Alpert Schreyer, LLC, our criminal defense attorneys know many ways to defend against DUI charges, including challenging chemical test results. The penalties for a Maryland DUI conviction are too steep to risk not having qualified legal representation. Please contact us online or call our office at (866) 444-6363 today to learn more about how we can assist you.

If you are pulled over for driving under the influence in Lexington Park, you will be put through a number of field tests. Police officers may ask you to take a number of field sobriety tests. A patrolman may even request a preliminary breath test before deciding to take you into the station. It may be important to understand this process and the rights you have as a Lexington Park driver. The violation of your rights in any way during the arrest should result in the prosecution dropping the charges. If you are charged with drunk driving, it is in your best interest to immediately contact knowledgeable Lexington Park DUI attorneys in your area.

RIGHTS OF DRIVERS

In the state of Maryland you are not legally obligated to take a field sobriety test or a preliminary Breathalyzer test. Drivers should know, if you refuse to participate in these tests it may give the arresting officer sufficient reason to bring them into the station as a result. Once there, the law requires you to take an official breath test. Refusal to take an official breath test can result in additional penalties and citations. It is important to remember that an officer only needs to observe your personal appearance or hear you admit fault to have enough reason or to bring you down to the station for a mandatory breath test.

FIELD SOBRIETY TESTS

There are a number of field sobriety tests that a Lexington Park police officer may administer:
One-Leg Stand: This is a divided attention test. The officer will ask you to raise one foot off the ground while counting out loud to 30. Swaying, needing your arms to balance or making mistakes while counting are ways to fail this test.
Walk and Turn: This is another divided attention test. An officer will ask you to take nine steps forward, pivot and then take nine steps back while counting the number of steps out loud. The police officer will look for missing steps, swaying, turning balance and incorrect counting.
Horizontal Gaze Nystagmus: Police will use an object, usually a pen, to test how steadily the eye moves back and forth. The officer will ask the suspect to follow the pen as it moves from side to side. If the eye cannot move back and forth smoothly, it could be a sign of intoxication.

A police officer needs extensive training to make sure he or she can administer these tests properly. Many of these tests are imperfect at best. The charges brought against a driver as the result of a failed field sobriety test are often defensible in court.

PRELIMINARY BREATH TEST

A preliminary breath test is when a driver blows into a Breathalyzer. The results of this test are not admissible in court, but they could give the officer cause to bring the driver in to the police station for a mandatory breath test. Breathalyzers are often not properly calibrated. Many have been improperly arrested and convicted because of a malfunctioning or inaccurate Breathalyzer.

The attorneys at Alpert Schreyer, LLC have had a successful track record defending the rights of residents. Our DUIdefense lawyers thoroughly understand the procedures involved in a DUI arrest. Our experience in the administration of breath tests and field sobriety tests will give your case an edge. If you or a loved one is facing DUI charges in Lexington Park, please contact our office to find out how we can help. Calling us for that free case evaluation is your first step to fighting these serious charges against you.

C0NTACT:
Alpert Schreyer, LLC
22776 Three Notch Road, Suite 201
Lexington Park, MD 20653
Phone: 301-863-9997








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