Clarksburg, Maryland DUI Defense Lawyer

Skilled DUI Defense Attorney Representing Clients in Clarksburg

A charge of driving under the influence (DUI) or driving while impaired (DWI) carries serious consequences in Maryland, with the threat of fines, incarceration, and the suspension of your driving privileges. To combat an accusation of drunk driving, consider working with a Clarksburg, Maryland DUI defense lawyer who can advise you of how to respond.

At The Law Offices of Gerstenfield & Demirji, PC., we have the resources and legal knowledge to defend clients against allegations of drunk driving. Attorney Robert Demirji has over a decade of legal experience, so you can trust him to provide you with strong legal advice and fierce representation throughout your case.

When Do DUI/DWI Charges Apply?

Under Maryland law, you can be charged with driving under the influence (DUI) or driving while impaired (DWI) whenever you operate or are in actual physical control of a vehicle while your blood alcohol concentration (BAC) meets or exceeds legal limits. This is referred to as a DUI per se, when chemical test evidence demonstrates that a driver is under the influence.

For most drivers, the threshold for a DUI charge is 0.08 percent. Commercial drivers face a lower BAC limit of 0.04 percent, and drivers under 21 years old can be charged if their BAC is 0.02 percent or higher. Even if your BAC does not meet the .08 percent threshold, you may still face lesser charges of DWI.

DUI charges may also apply if you exhibit impaired driving behavior—such as swerving, speeding, or failing field sobriety tests—even when your BAC is below the statutory limit. Maryland courts have held that "physical control" can include sitting behind the wheel with the engine running, even if you did not actually drive.

Aggravating Factors in a Clarksburg DUI Charge

Certain circumstances can make a DUI more serious, leading to higher fines, longer license suspensions, or mandatory jail time. Common aggravating factors include:

• A BAC of 0.15 percent or higher
• A minor passenger in the vehicle
• Refusal to submit to a breath or blood test
• Causing an accident that results in injury or death
• Prior DUI convictions

Courts in Montgomery County may consider these factors when determining penalties. Our drunk driving defense lawyer can evaluate the severity of the charges against you and look for potential mitigating factors.

Are Chemical Tests Always Accurate in Drunk Driving Cases?

Chemical tests like breathalyzers, blood draws, and urine screens are key pieces of evidence in DUI cases. However, they are not infallible measures of sobriety. Breath tests depend on properly calibrated machines and correctly administered protocols. Human error in machine maintenance or in the testing procedure can lead to inflated readings. Medical conditions such as gastroesophageal reflux disease can introduce mouth alcohol, skewing breath results. Blood tests, though more precise, can be compromised by improper storage, contaminated vials, or chain-of-custody lapses. Urine tests are the least reliable and are rarely used for legal BAC determinations. Field sobriety tests, while not chemical, also depend on environmental conditions and officer training.

Challenging the accuracy of chemical and field tests is a cornerstone of DUI defense. Our firm can request calibration records, maintenance logs, and officer training documentation. If you were not read your rights or if the testing equipment was faulty, suppression of test results may be possible.

Contact a Clarksburg, MD Drunk Driving Defense Attorney

If you have been accused of drunk driving, The Law Offices of Gerstenfield & Demirji, PC. can help fight the charges against you. Attorney Robert Demirji has handled thousands of cases, and he has a track record of success in misdemeanor and felony cases. To schedule a free consultation today, call our offices at 301-589-9500 or contact our Clarksburg, Maryland DUI defense lawyer.