Imagine this: you’ve had a fun night out with friends and choose to drive home, not knowing your blood alcohol level is higher than Maryland’s legal limit. Now, you’re facing DUI charges with severe consequences.
So, what now? Can DUI charges be dismissed in Maryland? Yes, they can. The State of Maryland can drop your case by entering it as “nolle prosequi.” Nolle prosequi is a legal term where the prosecutor decides not to pursue the case, but it doesn’t erase the arrest record. Your Maryland DUI lawyer might be able to convince the State to do this by highlighting flaws in the prosecution’s case or pushing for a trial when the State isn’t prepared.
This guide will walk you through Maryland’s DUI laws and potential defenses to help you beat a DUI or DWI charge.
Maryland’s DUI and DWI Laws
In Maryland, DUI and DWI are similar but different charges.
A DUI is a more serious charge, requiring proof that a driver’s motor skills were significantly impaired by alcohol. There is also a particular category called DUI of Alcohol Per Se, for cases where the blood alcohol content (BAC) is 0.08% or higher.
A DWI is often charged along with a DUI in drunk driving cases. It requires less proof of impairment compared to a DUI.
Understanding the Crucial Difference Between DUI and DWI
The difference between DUI and DWI is
- DUI: Requires that alcohol has substantially impaired the person’s regular coordination.
- DWI: This is a less severe crime and requires that alcohol has impaired the person’s regular coordination to some extent.
The Consequences
The penalties for a DUI/DWI conviction in Maryland are severe:
For a first-time DUI: Penalties include one year in prison, a $1,000 fine, and 12 points on your driver’s license.
For a DWI: You could face up to 2 months in jail, a $500 fine, and 8 points on your license.
These penalties can affect your legal standing, employment, and personal life.
Can DUI/DWI Charges be Dropped? Exploring Your Defense Options
Questioning the Traffic Stop
Was there a valid reason for the officer to pull you over? In Maryland, DUI stops can be challenged in court. Often, police make stops without proper justification, which violates your Fourth Amendment rights. If this happened in your case, any evidence from the stop could be suppressed, leading to the dismissal of charges.
Challenging the Field Sobriety Tests
Standardized Field Sobriety Tests (SFSTs) are known for their unreliability and frequent execution errors. Factors like medical conditions, bad weather, unclear instructions, or even your footwear can affect your performance and the test’s accuracy. A skilled attorney can challenge these tests, potentially weakening the prosecution’s case.
Contesting the Breathalyzer Results
Different things can affect breathalyzer results, such as machine calibration issues or mishandling by the test officer. A competent attorney can challenge these results, possibly resulting in dropped DUI charges.
Negotiating for Lesser Charges
An experienced DUI attorney may negotiate for reduced charges, such as “reckless driving,” or explore alternative sentencing options that carry lighter penalties than a DUI conviction.
Seeking a Probation Before Judgment (PBJ)
Maryland judges can grant probation before judgment (PBJ) following a trial or plea. This outcome can remove the conviction from your record, ensuring no points on your license. However, you may need to complete a period of supervised probation as part of this arrangement.
Case Studies and Reviews
The Law Offices of Krum, Gergely, & Oates have assisted many clients in effectively fighting their DUI/DWI charges. Explore our successful DUI/DWI case defenses to see how we’ve handled Maryland’s DUI laws.
Don’t Face DUI/DWI Charges Alone
Dealing with DUI/DWI charges in Maryland can be overwhelming, as they come with severe consequences. However, it’s essential to know that charges sometimes lead to convictions. With a skilled legal team, you can investigate different defense strategies and improve your chances of a positive result.
Get in touch with The Law Offices of Krum, Gergely, & Oates now!
Facing a DUI/DWI charge can have a significant impact on your life. Act quickly by scheduling a consultation with The Law Offices of Krum, Gergely, & Oates today.
Your defense strategy is crucial. Explore our client testimonials to see how we’ve successfully assisted others in similar situations. We’re here to support you every step of the way, providing the reassurance you need during this challenging time.
