Elkridge, MD DUI Defense Lawyers

Experienced Lawyers Helping to Minimize the Impact of DUI Charges in Elkridge, Maryland

A DUI arrest does not guarantee a DUI conviction. Police officers routinely behave as though the evidence against a DUI suspect is overwhelming and indisputable, even when they are not sure whether the charges can be proven.

There is a lot that can go wrong for law enforcement during a DUI investigation, and this can drastically weaken the state's case against you. Breath test results can be inaccurate if an officer fails to follow the proper testing procedures. Field sobriety test results can be skewed by anything from inclement weather to a medical condition that affects your balance or coordination. An experienced DUI lawyer is in the best position to identify and utilize these defenses.

Law Offices of Marc A. Ominsky, LLC has more than 50 years of combined legal experience helping people who have been accused of DUI and other traffic offenses. We are committed to providing the best defense services possible. Our attorneys understand how easy it is to find yourself arrested for DUI, and we provide judgment-free representation. Our goal is to secure the best possible outcome for you, whether that means requesting probation before judgment and substance abuse treatment or fighting to have your case dismissed.

Defending a Misdemeanor DUI Case

A first DUI charge is normally a misdemeanor. This does not mean that you should not take this charge seriously, as a misdemeanor DUI conviction can still carry up to a year of jail time, and your driving privileges will be automatically suspended unless you prevail in an MVA hearing.

You may have opportunities for avoiding a conviction that are not available in felony DUI cases. Your attorney can ask the court for probation before judgment, which would allow you to avoid a conviction so long as you successfully complete a period of court supervision. Plea bargaining to reduce your charges is another possibility. The court system is often willing to work with first-time offenders who show remorse and are willing to accept substance abuse treatment.

When Is DUI a Felony?

You can be charged with a felony after multiple DUI charges or if there were aggravating factors in a first-time DUI charge. You may be charged with a felony DUI for reasons including:

• Repeat DUI: Third and subsequent DUIs also result in felony charges and long potential prison sentences.
• Carrying a Child Passenger: If you had a child under 14 years old in the car when you were arrested, you could face felony charges. You may face additional legal complications, such as being investigated by CPS or being disfavored in family law cases involving child custody.
• Causing an Accident: If you allegedly caused a traffic accident that injured another person, including one of your own passengers, you may be charged with felony vehicular assault.
• High BAC: If your BAC was exceptionally high, you can be charged with a felony. Driving with a BAC over 0.20 percent is considered very dangerous for you and for the public.

DUI Defense Strategies for Felonies and Misdemeanors

Many of the same DUI defenses can be used in both misdemeanor and felony cases. Common defense strategies include:

• Casting doubt on the accuracy of blood or breath tests
• Showing that the traffic stop that led to your arrest was unconstitutional
• Providing an alternative explanation for a "failed" field sobriety test
• Showing that you did not knowingly consume an intoxicating substance
• Showing that you had to drive in order to prevent greater harm

Contact Our Elkridge, MD DUI Defense Lawyers

Law Offices of Marc A. Ominsky, LLC will carefully choose the best DUI defense strategy for you. Our hands-on Elkridge DUI defense attorneys can help you in real time when you reach out to us. Contact us at 443-539-8712 for a complimentary consultation.