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Is Underage Drinking a Crime or Civil Offense in Maryland?
Underage drinking in Maryland is generally a civil offense rather than a criminal offense when the alleged violation involves possessing or consuming alcohol while under 21. However, other conduct connected with underage drinking, such as impaired driving or certain offenses involving providing alcohol to minors, can result in criminal charges.
If your child is facing an underage drinking citation or related charge in 2026, our Silver Spring, MD underage drinking defense lawyers can help you understand what type of case they are facing and what options are available.
Is Underage Drinking Ever a Criminal Offense in Maryland?
Under Maryland Criminal Law Article Section 10-114, an individual under 21 generally may not possess, control, or consume an alcoholic beverage. However, a violation of this law is classified as a civil offense rather than a criminal offense. Maryland law also provides that a finding that someone committed this type of Code violation is not a criminal conviction.
Can Passengers Be Witnesses in Your Maryland DUI Case?
Passengers can be witnesses in your Maryland DUI case. Their testimony can work in your favor or against you. It depends on what they saw and how consistent their account is with the rest of the evidence. If you’re facing a DUI charge in 2026 and have questions about witnesses, our Montgomery County DUI defense lawyers can help you understand how passenger testimony fits into your case. We’ll also help you figure out if it can be used to your advantage.
What Can a Passenger Actually Testify About in a DUI Case?
A passenger who was with you before and during your arrest can speak to things an officer often can't. This includes how much you had to drink, how you were behaving, and how you were driving before you were pulled over. Under Maryland Rule 5-602, a witness generally must have personal knowledge of the matter they're testifying about. This means a passenger can only speak to what they actually observed firsthand.
What Do I Do When I’m Falsely Accused of Rape?
Being falsely accused of rape is terrifying. Even before any charges are filed, the accusation alone can damage your reputation, hurt your relationships, and turn your life upside down. The law says you are innocent until proven guilty, but a rape accusation carries enormous social weight that can feel impossible to overcome. If you are in this situation in 2026, a Silver Spring, MD sex crimes defense lawyer can step in right away to protect your rights and start building your defense before things go any further.
What Should You Do Immediately After a False Rape Accusation?
The most important thing you can do if you’ve been accused of rape is contact a defense attorney right away. Do not wait to see if charges are filed. Do not assume the situation will go away on its own. An attorney can guide you on every step from this point forward.
Can You Challenge a DRE’s Findings in a Maryland DUI Case?
You can challenge a Drug Recognition Expert's findings in a Maryland DUI case, and doing so is often one of the most effective parts of a drug DUI defense. Drug Recognition Expert (DRE) evaluations are presented as scientific and reliable, but they have weaknesses that an experienced attorney can use. If a DRE's findings are being used against you in 2026, the Montgomery County, MD criminal defense lawyers at The Law Offices of Gerstenfield & Demirji, PC. can examine every part of that evaluation and fight to undermine it in court.
What Is a Drug Recognition Expert in a Maryland DUI Case?
A DRE is a law enforcement officer who has received special training to identify drivers who may be impaired by drugs rather than alcohol. When a breathalyzer does not explain a driver's behavior, or when an officer suspects drug use, a DRE may be called in to do a more detailed evaluation.
How Do I Fight a Drug Possession Charge in Maryland?
An experienced attorney can help you fight a drug possession charge in Maryland. There are effective ways to challenge the evidence, question how the arrest was handled, and push back on what the state says happened. If you are facing a drug possession charge in 2026, the Silver Spring drug crimes defense lawyers at The Law Offices of Gerstenfield & Demirji, PC. offer free consultations to discuss the details of your case and the possible defense strategies.
What Does Maryland Law Say About Drug Possession?
Maryland law generally prohibits possessing controlled dangerous substances without lawful authorization. Under Maryland Criminal Law Section 5-601, it is illegal to possess or administer a controlled dangerous substance unless you are authorized to do so. The penalties depend on the type of drug involved and how much of it was found.
What Can Cause a False Positive on a Maryland Breath Test?
If you blew into a breathalyzer and got a result that does not reflect how much you actually had to drink, you are not alone. Breath tests are treated as powerful evidence in DUI cases, but they are not perfect. Several medical conditions, medications, foods, and equipment problems can produce a result that shows alcohol when little or none is actually present. If you are facing a DUI charge in 2026 based on a breath test result you believe was wrong, our Montgomery County DUI defense lawyers can review your case and help you understand whether the result can be challenged.
Under Maryland Transportation Code Section 16-205.2, the preliminary breath test officers use on the roadside is not admissible as evidence in court. It is only used to help the officer decide whether to make an arrest. The evidentiary breath test given at the police station is a different matter. Under Maryland Courts and Judicial Proceedings Section 10-309, those results are admissible in court and can be used against you. But admissible does not mean unbeatable. That result can still be challenged.
How Do I Fight an Online Solicitation of a Minor Charge in Maryland?
Facing a charge of online solicitation of a minor is one of the most frightening things a person can go through. The stakes are high, and the stigma alone can feel overwhelming before you even get the chance to tell your side of the story. However, being charged is not the same as being convicted. There are real ways to fight this kind of charge. If you are facing charges in 2026, our Silver Spring, MD sex crimes defense lawyers can help you understand what the state has to prove, where the case may be weak, and how to build the strongest possible defense.
What Is Online Solicitation of a Minor Under Maryland Law?
Maryland law makes it a crime to knowingly solicit a minor, or a law enforcement officer posing as a minor, for certain unlawful sexual activity. Solicitation can happen through a computer, the Internet, phone, mail, in person, or other means. Under Maryland Code, Criminal Law § 3-324,it is a crime to knowingly solicit, coax, or entice a minor, or someone believed to be a minor, to engage in certain unlawful sexual conduct. Physical contact does not have to happen. A conversation, a series of messages, or even a single message can be enough for the state to bring a charge.
Can You Politely Decline Field Sobriety Tests in Maryland?
You can legally decline field sobriety tests in Maryland. That said, how you handle the refusal and what happens next matters. A calm, respectful refusal is very different from a combative one, and understanding your rights before you find yourself in that situation can make a real difference. If you are facing a DUI charge in 2026, a Montgomery County DUI defense lawyer can help you understand how your decisions during the stop may affect your case.
What Are Field Sobriety Tests and Why Do Officers Use Them?
Field sobriety tests are physical exercises that an officer asks a driver to perform when they suspect impairment. The three tests approved by the National Highway Traffic Safety Administration are the horizontal gaze nystagmus test, which involves following a moving object with your eyes, the walk and turn test, and the one-leg stand test. Officers use these tests to look for signs of impairment and to build probable cause for a DUI arrest.
Can Domestic Violence Charges Be Dropped If the Accuser Recants?
When an accuser recants in a domestic violence case, it does not automatically mean the charges go away. In Maryland, once a domestic violence charge is filed, it belongs to the State, not the accuser. The prosecutor decides whether to move forward.
Many prosecutors will continue with cases even when the accuser changes their story or refuses to cooperate. If you are facing a domestic violence charge in 2026, our Silver Spring, MD domestic violence defense lawyer wants to hear your side of the story and help you build the defense you deserve.
What Does It Mean To Recant?
Recanting means taking back a previous statement. In a domestic violence case, it usually means the accuser tells police or the prosecutor that their original account was wrong, exaggerated, or false. This can happen at any stage of the case, from right after the initial police report all the way through trial.
Can Rising Blood Alcohol Be Used as a DUI Defense?
Rising blood alcohol can be used as part of a DUI defense strategy. Under the right circumstances, it can create enough doubt to result in a reduced charge or an acquittal. The core argument is straightforward: your blood alcohol concentration at the time of the breath or blood test may not accurately reflect what your BAC actually was when you were driving.
If your body was still absorbing alcohol when you got behind the wheel, your BAC could have been below the legal limit at that moment, even if it tested above 0.08 percent later at the station. If you are facing a DUI charge in 2026, the Montgomery County, MD DUI defense lawyers at The Law Offices of Gerstenfield & Demirji, PC. can help you evaluate your options.
How Does Blood Alcohol Actually Work in the Body?
Understanding this defense requires a basic understanding of how alcohol moves through your body. When you drink, alcohol is not absorbed into your bloodstream instantly. It passes first through your stomach, where about 20 percent is absorbed, and then through the small intestine, where the remaining 80 percent enters the bloodstream. This process takes time, anywhere from 30 minutes to two hours, depending on a range of individual factors.
For a free consultation, call 301-589-9500 or fill out the form below:
The Law Offices of Gerstenfield & Demirji, PC.
8720 Georgia Ave., Suite 301
Silver Spring, Maryland 20910
301-589-9500
