Ellicott City, MD DUI Defense Lawyers

Strategic Lawyers Defending People Accused of Drunk Driving in Ellicott City, Maryland

Getting arrested for DUI does not mean that you will be convicted. Although you are innocent until proven guilty, the police are skilled at making people feel as though a conviction is just an inevitable formality. This is far from the truth. There is a lot that an experienced Ellicott City, MD DUI defense lawyer can do to try to prevent you from being convicted or to minimize the impact of a conviction.

A DUI can carry harsh penalties in Maryland. If this is your first DUI, you could be facing up to a year of jail time and a $1,000 fine. Your driver's license can also be suspended after your arrest unless you file a request for an MVA hearing within 10 days. You have a right to be represented at this hearing. Many people find not being able to drive or having to use an ignition interlock device to be extremely burdensome.

The cost of a DUI can be significant, especially if you allegedly caused an accident involving another person and are facing a civil lawsuit. At Law Offices of Marc A. Ominsky, LLC, our attorneys can evaluate your case and determine which DUI defense strategies are the most likely to help you. We may be able to have evidence excluded, negotiate a plea bargain, or show that you have a legal defense.

Common DUI Defense Strategies

A few common defense strategies used in DUI cases include:

• Excluding Blood or Breath Tests: Police must follow specific procedures when collecting blood or breath samples from a suspected impaired driver. Making even a minor mistake, like leaving a radio in the room during a breath test or taking a sample too soon after the suspect eats or drinks can interfere with test results. The court may exclude the results of chemical tests if it believes they are unreliable.
• Explaining Field Sobriety Test Results: People who are not drunk can appear to fail field sobriety tests for many different reasons. If you were unable to hear the officer's instructions due to passing traffic, had to take the test on a slippery surface, or had a medical condition that affected your gait or balance, your poor performance does not necessarily suggest that you were intoxicated.
• Arguing That the Traffic Stop Was Illegal: Police officers cannot pull people over in traffic unless they have reasonable suspicion that the person is violating the law. If the police officer who stopped you did not have an objective reason to think you were intoxicated or had committed another traffic violation, evidence he or she collected during the illegal stop cannot be used against you in court.
• Plea Bargaining: One way to mitigate a DUI charge is to plead your charges down to a lesser offense, such as reckless driving. While you will still have a conviction on your record, it may be a much less serious one.
• Probation Before Judgment: Accepting probation before judgment may be the best approach to take when facing a first DUI charge. If you successfully complete a period of probation, your case will be dismissed. If you choose this option and are ordered to complete substance abuse treatment, it is important to take your recovery seriously, as a probation violation could get your case sent back to court, and a conviction could lead to more serious penalties.
• Involuntary Intoxication: People sometimes consume alcohol, cannabis, or other drugs by mistake, especially when a substance had been cooked or mixed into a prepared food or beverage served at a party. If you were unaware that you were intoxicated, you may be able to avoid a DUI conviction.

The same defense strategies may be used in aggravated DUI cases, such as DUI with injury and repeat DUI.

Contact Our Ellicott City, MD DUI Defense Lawyers

Law Offices of Marc A. Ominsky, LLC will evaluate your case to design the defense that is right for you. Our experienced Ellicott City DUI defense lawyers will do all we can to help you achieve a positive outcome. Contact us at 443-539-8712 for a complimentary consultation.