Gaithersburg DUI Defense Lawyer

Skilled Defense Attorney for Drunk Driving Charges in Gaithersburg, Maryland

A conviction of DUI, or driving under the influence, can have long-term consequences. Not only can it result in the loss of your driving privileges, but it may leave you with a lasting blemish on your criminal record that will show up on background checks. If you have been accused of this offense, the smartest thing you can do is to seek representation from a Gaithersburg DUI defense lawyer who can advise you on what to do.

At The Law Offices of Gerstenfield & Demirji, PC., we provide clients with personalized legal advice and dedicated advocacy in a wide variety of criminal cases. With over 300 5-star reviews, we have built up a reputation for effective representation throughout Montgomery County.

Important Evidence in a DUI Case

One of the most critical pieces of evidence in a DUI case is your blood alcohol concentration (BAC). In Maryland, a driver is presumed "under the influence" if their BAC is 0.08 percent or higher. Law enforcement typically measures BAC with a breath test at the scene or a blood test at the station. That being said, roadside breath tests are not typically admissible evidence. Each method has its own margin of error and strict protocols for administration and calibration.

Field sobriety tests are another form of evidence. These include tasks such as walking in a straight line, standing on one leg, or following a pen with your eyes. While these tests are designed to assess coordination and balance, they can be subjective and influenced by factors like poor lighting, uneven ground, or physical limitations unrelated to alcohol.

Police reports and dash-cam or body-cam videos can also play a pivotal role. They document the officer's observations, like a driver's slurred speech, unsteady gait, or the smell of alcohol. These notes and recordings establish the narrative of the stop and the officer's reasons for suspecting impairment.

What to Expect From a DUI Charge

A first-time DUI in Maryland is classified as a misdemeanor. It carries the possibility of up to one year in jail and fines that can exceed $1,200. Even without jail time, you can face a license revocation for up to six months, installation of an ignition interlock device, and increased insurance rates.

Each subsequent DUI conviction brings harsher consequences. A second offense within five years may result in up to two years in jail, higher fines, and a longer license suspension. Aggravating factors can elevate penalties further. Driving with a minor in the vehicle, causing an accident that results in injury or death, or registering a very high BAC (such as 0.15 percent or above) can all carry enhanced penalties. The most severe cases may trigger felony charges, mandatory minimum jail terms, and permanent restrictions on your driving privileges.

DUI/DWI Defense Strategies

When facing a DUI charge, a tailored defense strategy can make all the difference. It is important to explore every angle of your case, from the legality of the traffic stop to the reliability of the BAC measurement. Consider the following approaches:

• Challenge the initial stop and arrest by questioning whether the officer had reasonable suspicion or probable cause
• Scrutinize the calibration, maintenance, and administration records of breath-testing devices
• Examine the chain of custody, handling, and analysis of blood samples for any irregularities
• Highlight medical conditions, medications, or physical impairments that could explain poor performance on field sobriety tests
• Review the officer's training, certification, and notes to uncover inconsistencies or procedural errors

No two DUI cases are the same. A strong defense combines a deep understanding of Maryland's DUI statutes with a thorough review of every piece of evidence. By identifying weaknesses in the prosecution's case and advocating for alternative explanations, it may be possible to reduce charges or secure a dismissal.

Contact a Gaithersburg, MD Drunk Driving Defense Attorney

At The Law Offices of Gerstenfield & Demirji, PC., we will listen to your situation and develop a carefully curated strategy. Call 301-589-9500 or contact our Gaithersburg, MD drunk driving defense attorney for a free consultation.