DUI Attorney in Ocean City
Counsel with Experience as a Prosecutor
If you're convicted of a DUI or even of causing an accident, you face the possibility of jail time, whether it's your first offense or your fourth. Hiring the right attorney to represent you ensures that they will look at the basis for the stop to make sure it was lawful, the training of law enforcement to ensure they were properly trained to perform field tests or breath tests, and the certification of the testing equipment.
Many other facts and circumstances will determine what the state can prove at trial—such as whether you were polite and cooperative, made any admissions or statements, or performed field sobriety tests. Remember, you don't have to do the field sobriety tests, and you can refuse the breath tests. You might face MVA consequences for refusing to take a breath test, but you also might limit what evidence the state has to convict you.
The Law Office of Steven W. Rakow, LLC is here to help you address the charges against you as quickly as possible. Call 410-600-3075 today to speak to a knowledgeable Ocean City DUI lawyer.
Maryland DUI/DWI FAQs
Are there specific factors that can impact the state's case in a DUI trial?
Several factors can influence the state's case in a DUI trial, including demeanor during the arrest, any admissions or statements made, and performance on field sobriety tests. It's important to note that individuals have the right to refuse field sobriety tests and breath tests, which may impact the evidence available to the state.
What are the potential consequences of refusing a breath test in Maryland?
Refusing a breath test in Maryland may lead to MVA (Motor Vehicle Administration) consequences. However, it may also limit the evidence available to the state for conviction. It's advisable to seek legal counsel to understand the implications of refusing a breath test.
How can an attorney help address DUI accident charges?
An Ocean City DUI attorney can provide valuable assistance in addressing charges by conducting a thorough review of the circumstances surrounding the arrest, assessing the legality of the stop, law enforcement training, and certification of testing equipment. Additionally, legal counsel can offer guidance on the best course of action and representation in court.
Understanding DUI vs. DWI
DUI refers to driving while under the influence of alcohol, while DWI—the lesser offense—is driving while impaired by alcohol.
These offenses differ in degree. The DUI means you're substantially impaired by alcohol. If you participated in a breathalyzer and blew above a .08, you will also be charged with DUI Per Se. That means once the state introduces evidence that you blew a .08 or above, you are presumed to have been substantially impaired by alcohol. A DWI means you were impaired to some extent. You may also be charged with DUI or DWI while impaired by drugs, which will also require the state to prove that fact through expert testimony.
Motor Vehicle Administration Consequences and Hearings
The Motor Vehicle Administration in Maryland can impose administrative penalties on your license or your privilege to drive in Maryland if you are not a Maryland resident. The penalties are explained to you when you get arrested and charged with a DUI or DWI, but they are confusing and you may not understand them fully. You will be asked to take a breathalizer test, which you may refuse provided there were not serious injuries or deaths in conjunction with your arrest. If you refuse to take a breath test, you will be suspended for 270 days. If you are a Maryland driver, you can install an intoxilizer in your car for a specified period of time in lieu of a suspension; however, if you are an out-of-state licensee, you are not eligible to participate in the interlock program. You may also request a hearing to challenge the suspension, but there are limited grounds for success at a hearing. Fees for MVA hearings are in addition to those for the court case. Further consequences are noted below.
Consequences of DUI/DWI: MVA Penalties
So you've just been stopped and arrested for suspicion of driving under the influence or driving while impaired. The next thing law enforcement will want you to do is submit to a breath test. If you submit and blow over a .08 BAC, you will be charged with DUI Per Se, which makes it easy for the state to convict you if the test result comes into evidence. If you refuse to take the test, the MVA (Motor Vehicle Administration) will suspend your license.
If this is your first refusal, your license will be suspended for 270 days. If you have a CDL and refuse, you'll lose your CDL for a year if it's your first offense, or for a lifetime suspension if this is your second or more refusal. If you agree to put an ignition interlock device (commonly called a "blow and go") in your car, your suspension will be modified to allow you to drive, but you'll need to keep that device in your car for a year. If this is a second or more refusal, the penalties increase significantly and you should discuss this with counsel.
Even if you get a modified suspension and install a blow-and-go, if convicted of a DUI or DWI, you might also face points on your license that can lead to other suspensions. If you had a high BAC, you might have to submit to the Medical Advisory Board before you can have your suspension modified or lifted. Under a new Maryland law, the MVA will require that you participate in the interlock program whether you receive a probation before judgment or a conviction for a drunk driving offense.
There are ways to challenge the imposition of a suspension, but these require a hearing with the Office of Administrative Hearings. These hearings are conducted before an Administrative Law Judge who will listen to certain facts and circumstances surrounding your case and the statutory provisions involved in the type of suspension you're facing. An experienced DUI/DWI attorney will know how to present your case before the Administrative Law Judge to try to get you a favorable outcome.
Choosing the Best DUI Defense Attorney in Ocean City and Maryland's Eastern Shore
Now you've found yourself charged with a crime, you may be unsure what to do. At the very least, you need to refrain from talking to law enforcement without counsel present and begin the search for a lawyer.
Though of course the internet is the natural place to start, it is important to do your due diligence with so much on the line. Research the background of the attorneys you find and call a few to find out if they've handled your type of case before. Ask what they think the expected outcome would be based on similar facts. Remember, the police and the police report will always tell a story different than your version of events, so be prepared for that. A good attorney will be honest with you and won't sugarcoat the possible outcomes. If you find an attorney promising that you'll “get off,” don't believe it and keep searching. If the facts of your case are bad, not even the best attorney in the world can't change that. But a good attorney will ensure that your rights are protected, motions are litigated, and every angle is reviewed in your case.
How Much Does a DUI Attorney Cost?
The cost of representation is always going to be a factor. If you're unemployed and can't afford an attorney, you have the right to be represented by the public defender. If you can afford counsel, the cheapest attorney is not necessarily the best choice. Like everything in life, there are discount attorneys, and you always get what you pay for. Remember that not all attorneys will do a payment plan with you; in fact, most will not. Once attorneys enter their appearance in your case, they are stuck, whether they get paid or not. So, don't expect a payment plan. Experience comes at a cost—and so does your freedom. Ask yourself what that's worth to you and choose accordingly.
When choosing an attorney, don't be afraid to ask questions. You have the right to know how they plan to approach your case, what their strategy might look like, and how they assess your chances of success. Look for someone who communicates clearly, answers your questions directly, and explains legal terms in a way you can understand. This transparency builds trust, which is essential for a strong attorney-client relationship. If you feel rushed, dismissed, or unsure about an attorney's ability to advocate for you, it might be worth considering other options.
Additionally, consider the attorney's reputation and track record. Research reviews, testimonials, and case outcomes if available. Ask for references if appropriate or check online legal forums for feedback from past clients. Keep in mind, though, that every case is unique, and even the best attorney cannot guarantee a specific outcome. However, a solid reputation for professionalism, diligence, and success in similar cases can provide some reassurance that you're making the right choice for your situation.
Overall, you must feel comfortable with the attorney you hire, the cost you will pay, and the expected outcome in your case. A good attorney can make all the difference in the outcome of your case. Choose wisely.
Comprehensive Legal Services for Criminal Defense
DUI/DWI charges often fall under the broader category of criminal defense, which requires an experienced defense strategy. If your case involves additional criminal charges or if you're looking for representation beyond DUI/DWI, we offer comprehensive legal support for a variety of criminal cases. Whether you're dealing with assault, theft, or other serious accusations, our firm has the experience and dedication needed to advocate for your rights and achieve the best possible outcome.
If you are facing these kinds of charges, I invite you to reach out to my firm at 410-600-3075 or fill out my online contact form today.