Fulton, MD DUI Defense Lawyers

Skilled Attorneys Defending Your Rights After a DUI Arrest in Fulton, Maryland

The true cost of a DUI arrest can be immense. There are legal expenses like court costs, installing an ignition interlock device, and potential fines to worry about. You could also be sent to jail for up to a year after a first DUI, or much longer after multiple DUIs.

A DUI conviction will also lead to collateral consequences. If you cannot drive because your license has been suspended, you may need to pay for alternate transportation for several months or more. It is not uncommon for people to lose their jobs because they cannot find reliable transportation to work each day. There is also a social cost. Even if you qualify for a restricted license that lets you drive to work, you will be unable to drive to social events, and you may miss out on important connections.

If you are not convicted of DUI, you can avoid most or all of these harsh consequences. Law Offices of Marc A. Ominsky, LLC has more than 50 years of legal experience helping people who have been charged with DUI and other traffic offenses. Our hands-on attorneys are ready to help you in real time. We understand the impact that a DUI charge can have, and we will do all we can to keep your arrest from interfering with your life.

How Probation Before Judgment Can Help After a First DUI Arrest

If this is your first time being charged with DUI, our attorneys may be able to advocate for probation before judgment. If you are granted probation before judgment, you will be placed under court supervision. You will likely be asked to complete substance abuse treatment, and you will need to submit to drug and alcohol testing. However, if you successfully complete probation, a guilty verdict will not be entered, and you can avoid a conviction.

Plea Bargaining in DUI Cases

In some cases where avoiding a conviction is unlikely, a plea bargain may be the best option. Your attorney can negotiate with the prosecution to have your charges reduced in exchange for a guilty plea. Pleading guilty to reckless driving involving alcohol, sometimes called a "wet reckless," or to the lesser offense of driving while impaired, is usually preferable to being found guilty of DUI. You are more likely to receive a generous plea bargain if this is your first DUI offense.

Other Common DUI Defenses

Your case could be dismissed, or you could be found not guilty if you have a strong legal defense. A few commonly successful DUI defenses are based on:

• Unconstitutional Traffic Stops: The police cannot pull you over unless they reasonably suspect that you have violated a specific law. This means that the officer must be able to state an objective reason why he or she suspected that you were intoxicated or violating another law. Showing that the officer did not have a valid reason to pull you over may be a strong defense.
• Flawed Chemical Tests: The procedures law enforcement or medical personnel must follow when performing a breath test or collecting and testing a blood sample are very detailed and specific. An error like opening a test tube too early or administering the test too soon after you ate or drank can mean that the test results are unreliable and should not be used against you in court.
• Issues With Field Sobriety Tests: Roadside tests are not always a good measure of a person's sobriety. Many people perform poorly on field sobriety tests due to medical or mental health conditions that affect their balance or their ability to hear and follow directions in a high-pressure situation. Other factors, like taking the test in high winds or while wearing heels, can also affect field sobriety test results.

Keeping Your License After a DUI Arrest

It is important to request an MVA hearing quickly after being arrested for DUI. At an MVA hearing, your attorney can argue that your license should not be suspended automatically, or we may advocate for you to receive a restricted license. A restricted license would allow you to drive only to and from certain places, such as work and your children's schools.

Contact Our Fulton, Maryland DUI Defense Attorneys

Law Offices of Marc A. Ominsky, LLC is committed to providing high-quality DUI defense services. Our experienced Fulton, MD DUI lawyers will strive to get you the best outcome possible. Contact us at 443-539-8712 for a complimentary consultation.