Is there a way that I can avoid serving time in jail after my DUI arrest here in Bowie, Maryland?

Frank

Bowie, MD

A DUI arrest could mean paying hefty fines, having a suspended driver’s license and even serving time in jail. If you are facing a DUI charge in Bowie, Maryland, you have to hire the best lawyer you can afford and make sure that the lawyer has experience handling DUI cases. A lawyer who specializes in DUI arrests would know the legal loopholes and defense strategies to help you avoid jail. You also have to know the laws because each state has different DUI laws and they are constantly changing.

You also might want to attend a treatment program and DUI school. You can avoid jail time in Maryland by participating in various programs. You would also have to challenge even the smallest details of your DUI arrest. Small technicalities could spell out the difference between community service and serving a prison sentence. Also, remember that your pocket can also suffer if you get convicted. Not only that you have to pay fines and have jail time, a DUI can also have an impact on your car insurance so you have to do everything to avoid a DUI conviction.

My cousin wanted to get a lawyer to help him on his DUI charge here in Bethesda, Maryland but he’s worried it’s expensive to hire one. How would he decide whether or not to pay for a DUI lawyer?

Hazel

Bethesda, MD

Private lawyers charge anywhere between $5,000 and $15,000 or more to represent someone charged with a misdemeanor DUI so it’s understandable that your cousin is pretty much worried about the cost of a DUI lawyer to help him on his DUI charge in Bethesda, Maryland. The aforementioned amount also does not include what they charge additionally for trial. Your cousin needs to save himself some expense by evaluating his own DUI case to see if he needs a lawyer or if he’d just be paying the lawyer to get same deal that he can get on his own.

Your cousin needs to check his Blood Alcohol Concentration (BAC) because if he was tested to have more than 0.08%, that’s the reason why he was charged with DUI. But even if he was tested to have a BAC lower than 0.08%, the DA may prove that he was under the influence or he had impaired driving. He needs to be aware that if his BAC was 0.10% or more, his chance of getting the charges reduced is slim to none regardless if he has a lawyer. Remember that he would also have higher chances of getting increased rates on his car insurance because of his DUI charge and a lawyer could help him on that. You could tell him to get a free quote from this website if he is not yet insured or planning to switch companies.

My sister would have to do community service and drug rehabilitation/sober living environments because she was convicted for her DUI case in Columbia, Maryland. What does she have to do with that and how do those programs work?

Kenneth

Columbia, MD

Community service and drug rehabilitation/sober living environments are two of the alternative DUI sentencing programs in the state of Maryland. Instead of going to jail, your sister would just have to do the conditions of the programs as part of her conviction for her DUI charge in Columbia, Maryland. In doing the community service, she would have to work in an approved program to substitute for her jail time or fines. Community service is commonly not hard physical labor, and it would be particularly desirable for someone with injuries or other limitations.

When ordered as a condition of release pending the resolution of the DUI case or as part of a DUI sentence, drug rehabilitation/sober living environments offer an attractive alternative to serving time in jail for those who are struggling with alcohol or drug addiction. The time spent in the rehabilitation could count as time spent in jail, but it would likely require the efforts of a DUI attorney to make sure that the proper credits are awarded.

I was told that my brother could have alternative sentencing like the electronic monitoring if he gets convicted for his DUI case in Silver Spring, Maryland. May I ask you to please explain to me what electronic monitoring is and what can it do for my brother?

Barbie

Spring, MD

If your brother is convicted for his DUI charge in Silver Spring, Maryland and sentenced to jail, he does not necessarily have to go to jail. In the state of Maryland, there are certain alternatives to having to go to county jail. The alternatives that are available would vary from county to county, and even court to court within a given county. But an experienced DUI defense attorney would be familiar with these options and would be your best hope to negotiate one that meets your needs best.

One of the programs on the alternative sentencing is the electronic monitoring wherein your brother would have to wear an ankle bracelet, with or without sensor that detects alcohol consumption by monitoring excretions from the skin. Electronic monitoring programs are said to offer flexibility by allowing the person to leave his/her home at authorized times including work, grocery shopping, religious services, alcohol education programs, etc.

I have to be honest that I’m afraid of what might be the outcome of my DUI charge here in Maryland that’s why I know that I need the help of an attorney who would help me defend my case. What can a DUI attorney actually do for me if I hire one?

Kyla

Silver Spring, MD

I understand that you are afraid of what might happen on your DUI case in Silver Spring, Maryland but there is a very good chance that a DUI defense attorney can be of big help. You need to know that there are a lot of challenges that can be made to the DUI charge that you are facing. A DUI defense attorney would raise all the applicable challenges for you so your DUI defense is as strong as possible. One of the areas that a DUI attorney would first look into is the way you were arrested. The DUI attorney would dig deep and find out the police mistakes that were made during your DUI arrest.

Maybe you would think that a DUI attorney could just fill out the forms and talk to the District Attorney but you need to be open and know that the best choice is to fight. A DUI defense attorney’s goal is to get you off, to have your DUI charge off your record and to prevent you from losing your driver’s license and your freedom. A DUI attorney, at the very least, would make sure that you are being treated fairly.

My first court date is getting near for my DUI charge here in Maryland. What happens if I don’t get a lawyer in time for my arraignment?

Stephan

Germantown, MD

It is definitely okay if you don’t get a DUI lawyer in time for the arraignment of your DUI case in Germantown, Maryland. You wouldn’t have to worry because usually, arraignments are very simple. During the arraignment, your DUI charges are formally read into the court record, then your plea of either guilty or not guilty is entered and you are given another court date.

But there are things that are critical before or during the arraignment of your DUI case like not speaking to anybody about your DUI case. Don’t talk about it to the judge, clerks, prosecutor, and don’t even talk about it in the hallway with your friend. If anyone who is a court officer overhears you say something incriminating about your DUI case, it can be used against you. When your name is already called, simply tell them that you are waiting to speak to your DUI lawyer. You may enter a not guilty plea or the judge will do so on your behalf, and that should be it. Then you would get another court date to appear at a pretrial conference, usually about a month or so in the future.

A close friend has just been charged with DUI in Towson, Maryland. Even if she worries about the cost, she still wants to get a DUI lawyer who would defend her. How much would a DUI lawyer cost her?

Casey

Towson, MD

If your friend is facing a DUI charge in Towson, Maryland, she needs a lawyer more than she needs practically anything. She needs someone who would fight for her rights. Unfortunately, your question as to how much a DUI lawyer would cost her is not a straight forward question. Cost can be determined by the specifics of the DUI case charged against her. It could depend on whether the DUI charge is a misdemeanor DUI or a felony DUI, whether the DUI is a first or a repeat offense, the expectations of the client, etc.

Most DUI lawyers require a retainer fee to get started. The retainer fee can vary, but the usual range is between $5,000 and $10,000 for a misdemeanor DUI case and up to $25,000 or more for a felony DUI charge. As we all have to understand, a DUI lawyer would typically require a greater retainer fee for a complex case than for a simple case.

My brother was arrested because of drunk driving. He has been charged with DUI here in Maryland. How exactly can a person be charged with a DUI? If we will be getting the services of a lawyer, what are the qualities that we should look?

Catherine

Wheaton-Glenmont, MD

In the state of Maryland, usually, it is legal to drink and drive. But if the motorist is under the influence, then that is when it becomes illegal. In general, driving under the influence refers to those cases in which the driver has taken drugs or the driver is drunk to an extent that that his mental and physical abilities are impaired and they no longer have the ability to operate the vehicle with the caution characteristic of a sober person under the same or similar circumstances.

If a police officer suspects that a driver is under the influence, that’s when he will be asked to stop and there will be series of test that the driver will be asked to do. If he fails the test, that’s when the driver will be charged with DUI.

If you will hire the services of a DUI lawyer to defend your brother on his case, the lawyer should be armed with specific legal as well as scientific knowledge. Defending a DUI case requires the lawyer to also have a practical awareness of the operation of breath test equipment, hospital testing equipment and instruments utilized by forensic laboratories in the process of testing for intoxicants. A competent and qualified lawyer has the ability to suppress evidence and produce good witnesses and aware of all kinds of loopholes.

My husband was charged with DUI here in Baltimore, Maryland. I am close to convincing him in getting a DUI lawyer. If we will be able to hire one, what are the defenses that we could have from a DUI lawyer?

Denise

Baltimore, MD

It would be a smart move for you to hire a Maryland DUI lawyer to defend your husband on his case. A DUI lawyer can be able to suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, have blood samples independently analyzed, obtain expert witnesses for trial, negotiate for a lesser charge or reduced sentence, contest the administrative license suspension, and handle a DUI trial with the greatest odds of success.

Here are the possible defenses you could have if you will hire a Maryland DUI lawyer:

-Intoxication is actually not enough. The DA should be able to prove that you are driving.
-Evidence can be and will be suppressed if the police officer did not have a legal cause to stop, detain and arrest your husband.
-Incriminating statements may be suppressed if Miranda warnings were not given at the appropriate time.
-If the police officer did not advise your husband of the consequences of refusing to take a chemical test, or gave it incorrectly, this may invalidate a DMV license suspension based upon a refusal to provide a breath or blood sample.
-The police officer’s observations and opinions as to intoxication can be questioned.
-The defects in breath test analysis can be brought out by obtaining the maintenance and calibration records of the machine or in cross-examination of the state’s expert witness and/or you can hire your own forensic chemist.
-Your DUI lawyer can also use blood alcohol testing defenses. The problems with blood alcohol testing could happen if the person who drew blood was no a licensed phlebotomist, the blood vial didn’t have a certain percentage of preservatives and anti-coagulants, the blood was not available for re-testing, the blood was exposed to bacteria (in the air or otherwise), the blood testing machine was not maintained and calibrated, the blood was not homogenized, the vial didn’t follow a chain of custody, and the blood was not taken within three hours of driving.
-Medical issues such as being diabetic, on Atkins related diets, a person with acid reflux, with eye, knee, neurological or other physical defects, or on medication can often create a false positive conclusion that your husband was under the influence.
-The blood, breath or urine test will be unreliable if done while your husband was still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption and this can be delayed if food is present in the stomach).
-If the blood, breath or urine test did not comply with the state of Maryland’s requirements as to calibration, maintenance, etc., and sometimes, it is discovered that a machine had mechanical problems, making the test excludable and sometimes dismissing the entire case.

I live in Maryland for 21 years and I never received a ticket. But just recently, I risk driving drunk and got arrested for DUI. I need some advice as to whether I will hire a lawyer or not. What are the benefits of a DUI lawyer?

Michael

Baltimore, MD

Maryland DUI laws are extremely complicated and their penalties are severe. Since you are facing a DUI charge in the state of Maryland, be smart enough to hire a qualified Maryland DUI lawyer. The right attorney can interpret the law to know your best options and correctly analyze your situation.

Approaching a DUI trial in Maryland without the benefit of a Maryland DUI attorney is as poor a judgment as driving under the influence. The repercussions of this decision could cost you money, time, and worse, your freedom. Know your right when it comes to Maryland DUI laws and find a qualified Maryland DUI lawyer.