Baltimore Dui Lawyer

When a Baltimore police officer pulls you over on suspicion of DUI, it can be a very scary situation, and you will want to know how to deal with it properly, both before and after any arrest is made. But whether you read any further or not, know that finding a good DUI lawyer in Baltimore is the most important step to getting yourself back on track!

Chemical Tests such as Breath Test

In the state of Maryland implied consent laws exist that essentially force drivers to consent to BAC testing if an officer has suspicion that the driver is under the influence of alcohol. Refusal to take the test will result in up to a full year suspension of your driver license. It is recommended that you consent to such tests since even if your BAC is tested above the .08 legal limit, the maximum license suspension is 60 days. If you do refuse the test, the officer must inform you of the penalties for test refusal.
The Breath Test: In Baltimore (and Maryland generally), a breath test cannot be administered by just any person, including the officer. The person administering the test must be a “qualified person” using approved instruments.
Blood Test: A blood test for police testing has to be taken within two hours of driving and must be administered by a licensed professional.

If You Are Arrested for DUI in Baltimore:

While the DUI BAC limit is .08, you can still be arrested on a different charge, DWI, if you have a BAC of .07.

Your license will almost certainly be confiscated by the officer, and you will be given a temporary license. By law you only have 10 days to request a hearing. If you do not request the hearing within this time limit, your license is gone for a long period of time.

You need to find a good DUI lawyer in Baltimore as soon as possible. Your lawyer should have the right experience in DUI cases and the ability to focus the necessary time on your case. Learn how to find the best DUI lawyer in Baltimore for you.

If You Are Convicted of DUI in Baltimore:

If you are convicted for DUI for the first time in the state of Maryland, you can expect some combination of several possible punishments. These include:

• Alcohol education program
• Up to $1000 in fines
• Up to 12 months of jail
• Driver license suspension of up to 60 days
• 8 points on your record

You can also expect your insurance premiums to increase dramatically.

Being convicted on a second, third, or other number of DUI charge, the potential consequences go up dramatically. Being arrested for DUI in Baltimore is no laughing matter. Be sure to find the best possible representation you can find.

Your DUI attorney will look at all of the facts of your case in order to find the best possible defenses against the charges that have been brought against you.  Good lawyers will not lie or make up facts just to support your case, but they will be able to find the weaknesses in the government’s case against you and use those to go into plea bargaining from a position of strength, and also to be as ready as possible for trial.  And there are always weaknesses.  Each case is different.  Each person is different.  Each arresting officer is different.  It’s your lawyer’s job to find those weaknesses and use them to your advantage.

Some possible defenses are found below:

1. health condition that might change breathalyzer.  Some health conditions will cause a spike in breathalyzer results.  Be sure to let your lawyer know about all your health conditions.  If this is an issue for you, your lawyer can call in a doctor to testify at your trial.

2. high tolerance to alcohol.  Depending on your BAC, your lawyer maybe able to argue that you have a naturally high tolerance for alcohol and so were perfectly capable of operating a vehicle.  The availability of this defense depends on some very specific facts.

3. mouth alcohol. Alcohol stays in the mouth for about 15 minutes on average but there are numerous factors that may cause it to stay longer.  It can stay for hours if there are dental health issues or if there are food particles that are holding alcohol in them.  Further, burping from stomach could produce very high results on a breathalyzer even though the alcohol is not coming from the blood.  Breath sprays or mouth washes can also cause fluctuations in the results.

Breathalyzers multiply the amount of alcohol it detects by thousands of times, making it more likely that the smallest variation from one of the above factors could drastically change the results of the test.

4. how the tests were administered.  There are many different tests that can be given by officers trying to determine sobriety.  If they are administered in a way that is not reliable, the admissibility of those results can be challenged.

This is certainly not a complete list of possible DUI defenses.  How you and your lawyer decide to proceed depends very much upon the facts of your case.  Defending a DUI case is very complicated and requires expertise.  Be sure to consult with an experienced Maryland DUI attorney in order to get a proper analysis.