Silver Spring DWI Defense Attorney

DWI Defense Attorney Defending Clients in Silver Spring, MD

DWI is slightly less serious than DUI. While you can be convicted of a DUI only if your BAC equals or exceeds 0.08%, it is possible to be convicted of a DWI with a BAC between 0.07% and 0.08% if you show other signs of impairment. The reasoning is that while anyone with a BAC of 0.08% can be deemed legally intoxicated, some people are too impaired to drive safely with a BAC just below the legal limit. Evidence like field sobriety test results is often very important in these cases.

The Law Offices of Gerstenfield & Demirji, PC. is experienced in defending people accused of DWI. These cases often rely on highly subjective evidence, such as the officer's personal observations and opinions. We often find that there is simply not enough scientific evidence to sustain a DWI conviction. Our attorneys will carefully review the evidence against you to determine what defenses might work best for you.

Field Sobriety Tests and DWI

Field sobriety tests are often important pieces of evidence in DWI cases, as the state will need to show that you were impaired. These tests are not nearly as scientific as law enforcement likes to say they are. Many factors other than a person's intoxication can affect the results of his or her field sobriety tests, such as:

  • Adverse weather conditions - Standing on one leg is much harder in high winds or driven rain than in nice weather. Walking a straight line would be more difficult on a snowy or rainy day.
  • Medical or mental health conditions - Many medical conditions, such as high or low blood sugar, can mimic impairment. Mental health conditions like panic disorder can interfere with a person's ability to act quickly to follow directions in a very high-stress situation.
  • Improper shoes - Wearing high heels or flip-flops during the test can make it much harder to appear well-balanced.
  • Uneven ground - Trying to take the test on a muddy, gravel, or slanted surface can cause a sober person to slide or look unbalanced.

If any of these issues existed while you were taking your field sobriety tests, our attorneys may be able to have the results excluded from evidence. Unfair field sobriety test conditions can make even a perfectly sober person appear intoxicated enough to be convicted of a DWI. Officers often also testify regarding their subjective observations that a person was fumbling, stumbling, or slurring. We can often challenge this type of testimony during trial.

Chemical Tests and DWI Charges

Another way we often defend those accused of DWI is by challenging the results of their blood or breath tests. While these tests are considerably more scientific than field sobriety tests, the fact that a person's BAC should be between 0.07% and 0.08% for a DWI gives the state very little room for error in proving how much alcohol was in a person's blood. Things that could interfere with a blood or breath test enough to skew the results by this narrow margin include:

  • Not waiting long enough after the driver eats or drinks to administer the test,
  • Having a police radio in the room where a breath test is being administered,
  • Using an improperly calibrated breath testing machine,
  • Using a test tube for blood that was opened too early,
  • Not following the correct testing procedure precisely, or
  • Having an untrained or uncertified officer administer the tests.

Having any of these issues present could mean that your test results were not accurate enough to be used as evidence in court.

Contact a Silver Spring, MD DWI Lawyer

The Law Offices of Gerstenfield & Demirji, PC. is committed to providing the best representation possible to those charged with DWI. Our experienced Montgomery County DWI lawyers will do all we can to have your charges reduced or dismissed. Contact us at 301-589-9500 for a complimentary consultation.

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