Kensington DUI Defense Attorney

Aggressive Defense Lawyer for Clients Accused of DUI in Kensington, Maryland

If you have been arrested for driving under the influence (DUI) in Maryland, do not underestimate the seriousness of the charge. A conviction of this crime could entail jail time, fines, and the potential loss of your driving privileges. Given the possible consequences, the best thing you can do when faced with a DUI charge is to seek out a skilled criminal defense lawyer.

At The Law Offices of Gerstenfield & Demirji, PC., our Kensington DUI defense lawyer can work with you early on in your case to start developing your legal strategy. Our firm has earned over 300 5-star reviews for our compassionate representation and exhaustive preparation, as we strive to provide an excellent defense in every case.

Is DUI a Misdemeanor or a Felony in Maryland?

In Maryland, most first-time driving under the influence (DUI) offenses are classified as misdemeanors. A DUI is generally charged when a driver has a blood alcohol concentration (BAC) of 0.08% or higher. Driving while impaired (DWI), a related but less severe offense, applies when alcohol or drugs are suspected to affect a driver's ability to operate a vehicle safely, even if the BAC is below the legal limit.

While DUI and DWI charges are typically misdemeanors, certain aggravating circumstances can elevate the seriousness of the offense. The presence of a minor in the vehicle, multiple drunk driving convictions on record, or an extremely high BAC may also lead to stricter prosecution. These circumstances do not necessarily make the offense a felony, but they can significantly affect the outcome of the case.

If someone is injured or killed as a result of your drunk driving, you are much more likely to face felony charges. In these cases, working with a criminal defense lawyer is critical.

Field Sobriety Tests in Maryland DUI Cases

When a law enforcement officer pulls someone over under suspicion of impaired driving, they may ask the driver to perform a series of field sobriety tests. These standardized tests include the walk-and-turn, the one-leg stand, and the horizontal gaze nystagmus test. In Maryland, these tests are not mandatory. A driver has the right to decline to perform field sobriety tests, though an officer may still arrest based on other observations or evidence.

It is important to note that field sobriety tests are subjective in nature. The officer's interpretation of a person's balance, coordination, or responsiveness may not fully account for nervousness, medical conditions, or environmental factors like poor lighting or uneven pavement. These tests can later become a key issue in court, particularly if there is a lack of clarity about how they were administered.

How Can I Defend Against a DUI Charge?

There are several ways a defense attorney may approach a DUI or DWI charge in Maryland, depending on the facts of the case. One possible defense involves challenging the police officer's reasonable suspicion to initiate the traffic stop. If the stop itself was unlawful, the evidence gathered as a result may not be admissible.

In some cases, there may be insufficient evidence to prove that the driver was actually impaired. Challenges may also arise regarding the accuracy or handling of BAC test results, including issues with calibration of breath testing equipment or improper administration. Even in cases involving a failed test, questions about timing or chain of custody can create doubt.

A DUI charge does not automatically lead to a conviction. Exploring the details of the stop, the arrest, and the evidence can reveal critical flaws that may change the course of the case. A knowledgeable attorney can help identify the strongest defense strategy based on the circumstances.

Contact a Kensington, MD DUI Defense Lawyer Today

Have you been accused of DUI in Maryland? Attorney Robert Demirji is here to help. You can rely on our firm to fight for your rights in court, exploring all avenues to minimize the charges against you. To schedule a free consultation with The Law Offices of Gerstenfield & Demirji, PC., call our offices at 301-589-9500 or contact our Kensington DUI defense attorney.