Every day, our DUI lawyers in Montgomery County MD help clients rebuild their lives. Everyone makes poor decisions, but you don’t have to deal with the consequences of your DUI forever, or alone. A DUI (Driving Under the Influence) charge is certainly not to be taken lightly and can result in serious consequences ranging from license suspension to jail time.
A DUI is considered the most serious type of drunk driving offense, indicating that the arrestee has a Blood-Alcohol-Content (BAC) level of.08 or higher. Without proper advocacy, DUI defendants can be easily vilified before the judge, but an experienced Montgomery County DUI attorney can fight for fairness on your behalf. Your attorney may work to have the charges dismissed if your field sobriety test was improperly administered, or if in any way your rights were denied. If this is not the case, your attorney can advocate for leniency and work to ensure you are not excessively punished.
Field Sobriety Tests
In the state of Maryland, drivers have the right to refuse to take the field sobriety test. However, the police officer may invoke serious consequences for this. If an officer notices alcohol on your breath or other signs of intoxication, you can be arrested under suspicion of driving under the influence. Taking and failing the test, however– which is not uncommon even for those with a low blood alcohol content– can further paint you in a negative light and be used against you in court. The best advice is to call a DUI attorney in Montgomery County before answering any questions. No one can force you to take a field sobriety test.
Field sobriety tests come in different forms and usually evaluate one’s eye movement, coordination, and ability to pay attention. However, these tests are imperfect as many factors can affect one’s performance, including nervousness.
When you sign your driver’s license in the state of Maryland, you consent to submitting to the breath test if an officer asks. This is known as “implied consent.” You may refuse to take the breath test, but it will result in a 120 day license suspension if this is your first DUI, and a longer one if this is a subsequent DUI. Your officer may request a preliminary breath test at the area where you were stopped. These are generally less reliable than the tests performed at the station. You may also be asked to give a subsequent blood or urine sample. It would behoove you to speak to a Montgomery County DUI lawyer before you submit to any police requests. If you refuse to take the test, your license will certainly be suspended. If you take the test, there is a small chance you will not be charged, but a much greater chance that you will face greater penalties.
Again, a DUI can range in consequences and include arrest. Your license will be revoked, and you may be ordered to attend an alcohol education program. In this program you will be assessed and possibly recommended for addiction treatment. Many factors, including the circumstances of your arrest and the tendencies of the judge and arresting officers, can affect the outcome of your DUI. The best way to affect the outcome is to seek help from an experienced DUI lawyer in Montgomery County right away.
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