10 June

DUI Charges: Defense Strategies from an Experienced DUI Attorney

Facing DUI (Driving Under the Influence) charges can be overwhelming. A DUI conviction can lead to serious consequences, including fines, license suspension, increased insurance rates, mandatory alcohol education programs, and even jail time. But it’s important to remember that being charged with a DUI does not automatically mean you will be convicted. There are numerous defense strategies that can help you fight the charges and protect your rights.

At the Law Office of Rowena N. Nelson, LLC, we understand the complexities of DUI cases in Maryland and have successfully defended clients against a wide range of DUI-related charges. Here’s what you need to know about DUI charges and the defense strategies that could make a significant difference in your case.

Understanding DUI Charges in Maryland

Maryland law defines DUI as operating a vehicle while impaired by alcohol or drugs to the extent that it affects your ability to drive safely. There are two main categories of impaired driving offenses:

DUI (Driving Under the Influence of Alcohol): This applies if your Blood Alcohol Concentration (BAC) is 0.08% or higher. It carries the most severe penalties.
DWI (Driving While Impaired): This is a lesser offense compared to DUI and applies when your BAC is between 0.04% and 0.07%, or when there is evidence of impairment even if the BAC is below 0.08%.

In addition to alcohol-related offenses, Maryland also prosecutes cases involving:

Driving under the influence of drugs (prescription or illegal)
Combination of alcohol and drugs impairing driving ability

Understanding the specific charges you’re facing is critical to developing the right defense strategy.

Potential Penalties for DUI in Maryland

DUI penalties in Maryland vary depending on the circumstances of the offense and whether you have prior convictions.

First Offense DUI: Up to 1 year in jail, $1,000 fine, and a 6-month license suspension.
Second Offense DUI: Up to 2 years in jail, $2,000 fine, and a 1-year license suspension.
Third or Subsequent DUI: Up to 3 years in jail, $3,000 fine, and a longer license suspension.
DUI with a Minor Passenger: Harsher penalties, including up to 2 years in jail for a first offense.

Additional consequences may include mandatory ignition interlock devices, probation, community service, and alcohol treatment programs.

Key DUI Defense Strategies

Every DUI case is unique, and the best defense strategy depends on the specific facts of your case. However, here are some common and effective defenses that we use at the Law Office of Rowena N. Nelson, LLC to challenge DUI charges:

1. Challenging the Traffic Stop

The police must have a valid legal reason to pull you over. This is known as having reasonable suspicion that you’ve committed a traffic violation or crime, such as speeding, swerving, or running a red light.

If the officer did not have a lawful reason to stop your vehicle, any evidence gathered during the stop—including breathalyzer results and field sobriety tests—may be inadmissible in court. This can lead to dismissal of your case.

2. Questioning the Field Sobriety Tests (FSTs)

Field sobriety tests are subjective and often unreliable. They include exercises like walking in a straight line, standing on one leg, or following a light with your eyes.

We can challenge the accuracy of these tests based on:

Poor road or weather conditions
Medical conditions that affect balance or coordination
Improper administration of the tests by the officer
Unclear instructions that may have confused you during the test

If the officer didn’t follow proper procedures, it can cast doubt on the results.

3. Contesting Breathalyzer or Blood Test Results

Breathalyzer and blood test results are often seen as strong evidence, but they’re not foolproof. There are several ways to challenge these results:

Improper calibration of the breathalyzer: The device must be regularly maintained and calibrated.
Operator error: The officer must be properly trained to administer the test.
Medical conditions: Certain conditions, like acid reflux or diabetes, can affect BAC readings.
Rising BAC defense: Your BAC may have been below the legal limit while driving but rose above it by the time the test was administered.

We will thoroughly review the testing procedures to identify any errors that could invalidate the results.

4. Lack of Probable Cause for Arrest

Before arresting you for DUI, the officer must have probable cause to believe you were impaired. This is based on observations such as slurred speech, bloodshot eyes, or the smell of alcohol. However, many of these signs can have innocent explanations, such as fatigue, allergies, or nervousness.

If the officer lacked sufficient probable cause, we can argue that the arrest was unlawful, potentially leading to the suppression of evidence.

5. Inadequate Police Documentation

DUI cases rely heavily on the officer’s report, dashcam footage, and body camera recordings. If there are inconsistencies in the officer’s statements, missing evidence, or discrepancies between the report and the video footage, it can weaken the prosecution’s case.

We meticulously review all available evidence to uncover any flaws that can be used in your defense.

6. Medical or Health Conditions

Certain medical conditions can mimic signs of impairment. Conditions like hypoglycemia, neurological disorders, or even anxiety can affect coordination, speech, and behavior.

If your symptoms were the result of a medical issue rather than alcohol or drug impairment, we can present medical evidence to support your defense.

7. Rising Blood Alcohol Defense

It’s possible that your BAC was below the legal limit while you were driving but increased by the time the chemical test was administered. Alcohol takes time to absorb into the bloodstream, and this delay can affect BAC results.

This defense is particularly effective when there was a significant delay between the traffic stop and the administration of the breathalyzer or blood test.

What to Do If You’re Arrested for DUI

If you’ve been arrested for DUI, your actions can significantly impact the outcome of your case:

Stay Calm: Do not argue with the officer or resist arrest.
Exercise Your Right to Remain Silent: You are not required to answer questions beyond providing your identification.
Do Not Admit Guilt: Even casual statements like “I only had a couple of drinks” can be used against you.
Request an Attorney Immediately: Contact the Law Office of Rowena N. Nelson, LLC as soon as possible.
Document Everything: As soon as you’re able, write down everything you remember about the traffic stop, arrest, and any interactions with law enforcement.

The sooner you involve an attorney, the better your chances of building a strong defense.

Administrative License Suspension (ALR Hearings)

In Maryland, your license may be automatically suspended after a DUI arrest, even before your criminal case goes to trial. This is an administrative suspension handled by the Motor Vehicle Administration (MVA).

You have the right to request an Administrative License Suspension (ALR) hearing to challenge the suspension, but you must act quickly—usually within 10 days of your arrest.

At the Law Office of Rowena N. Nelson, LLC, we represent clients in both criminal court and ALR hearings, working to protect your driving privileges and minimize the impact on your life.

Why You Need an Experienced DUI Attorney

DUI cases are complex, and even first-time offenses carry serious consequences. A skilled DUI attorney can:

Analyze the evidence to identify weaknesses in the prosecution’s case
Challenge improper police procedures and unconstitutional searches
Negotiate for reduced charges or alternative sentencing options
Represent you in court with a strong, strategic defense

At the Law Office of Rowena N. Nelson, LLC, we have a proven track record of helping clients achieve favorable outcomes in DUI cases, from case dismissals to reduced charges and minimized penalties.

Contact the Law Office of Rowena N. Nelson, LLC Today

If you’re facing DUI charges, don’t wait. The decisions you make now can significantly affect your future. Contact the Law Office of Rowena N. Nelson, LLC for a confidential consultation. We’ll review your case, explain your legal options, and develop a customized defense strategy to protect your rights and your freedom.

Visit www.rnnlawmd.com or call us to schedule your consultation.

Your future is worth fighting for. Let us be your strongest advocate in the face of DUI charges.