Silver Spring, MD Felony DUI Attoreny

Felony DUI Defense Attorney Defending Clients in Silver Spring, MD

Most DUIs are misdemeanors in Maryland. If this is your first or second DUI and there were no aggravating circumstances, you are probably only facing misdemeanor charges. However, if you are a repeat DUI offender or if certain facts were present in your case, you might be facing a felony. Felony DUIs are serious. These charges carry more than a year of jail time in addition to steep fines and a long-term loss of driving privileges. The consequences of a felony conviction can be much more far-reaching than the legal consequences, however. Felons often struggle to find good employment or adequate housing.

The Law Offices of Gerstenfield & Demirji, PC. is highly strategic in how it approaches felony DUI cases. Our experienced Silver Spring, MD felony DUI lawyers will consider any factors that are important to you when formulating your personalized defense strategy. We analyze each case for any possible defenses, such as issues with the field sobriety tests or chemical tests and constitutional rights violations. Our goal is to get you the best result possible in your case.

DUI Manslaughter - The Most Serious DUI Charge

By far the most serious form of felony DUI is DUI manslaughter. You might also hear the terms "vehicular manslaughter," or "DUI homicide" used. Any DUI that causes a fatal accident would result in a felony charge of this nature. While other forms of felony DUI might be "victimless" if they ultimately did not cause any harm to anyone, DUI manslaughter causes the most severe form of harm possible to at least one other person.

This type of DUI charge is extremely serious and can result in a decade or more of prison time depending on the specific circumstances. The prosecution must be able to prove that your intoxicated driving is what caused a fatality. There is sometimes a defense in showing that the person would likely have been killed even if you were sober, for example, in cases where a drunk driver is one of many involved in a pile-up he or she did not directly cause.

Other Felony DUI Charges in Maryland

Other types of felony DUI charges include:

  • DUI with a child passenger - If you were carrying a passenger who was under 14 years old, your DUI might be automatically treated as a felony. This is true even if the child was unharmed. Parents who are arrested for driving drunk with their own children in the car might also face a CPS investigation.
  • Repeat DUI - If you have two or more DUI convictions from within the past ten years, your third or subsequent DUI arrest will lead to felony charges.
  • Extreme BAC - If your BAC was measured as being 0.2% or higher, you can be charged with a felony. People who are at this level of impairment are at exceptionally high risk of crashing.
  • High-speed DUI - If you were driving more than 20 miles per hour over the speed limit, you could be charged with a felony due to the level of danger to others involved in driving drunk at very high speeds.
  • DUI with bodily injury - If someone suffered a significant bodily injury, you will likely be charged with a felony.

Some types of felony DUIs are more serious than others. At a minimum, you are facing a year behind bars if you are convicted. In some cases, you might have a defense available that could result in your case being dismissed or in a "not guilty" verdict at trial.

In other cases, we may be able to help you by working with the prosecution to get you a plea deal that would bring your felony DUI charge back down to a misdemeanor.

Contact a Silver Spring, MD Felony DUI Lawyer

The Law Offices of Gerstenfield & Demirji, PC. is committed to helping people who have been accused of felony DUI. Our experienced Montgomery County, MD felony DUI 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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