DUI and DWI charges can have a significant impact on your driving record and ability to drive, and the skilled criminal defense attorneys at Nguyen Roche Sutton are ready to craft a defense that protects your rights.
Driving under the influence (DUI) charges apply to those driving with a blood alcohol content (BAC) of 0.08% or more. These charges almost always result from a traffic stop in which law enforcement noticed a driver swerving, driving too slow, failing to stop, or driving erratically. In other instances, another driver may call 911 when they notice this behavior or when an accident occurs, or a police officer may stop a vehicle for another reason, such as a missing license plate or broken windshield.
An attorney could examine the circumstances leading to an arrest to determine how an individual accused of driving intoxicated should move forward. A lawyer may even be able to have their client’s charges dropped or significantly reduced, as Maryland police must have a legal reason for conducting a traffic stop under the 4th Amendment.
Charges for driving while impaired (DWI) are slightly less serious and may be appropriate when an individual is found driving with a BAC under 0.08%. After collecting the driver’s license, registration, and insurance documents, law enforcement will attempt field sobriety tests.
Field sobriety tests are physical tests given to a suspect to help law enforcement determine whether they are under the influence. They can be administered in any order, and include:
In addition, law enforcement may attempt to use a “breathalyzer” device called a preliminary breath test. In Maryland, there is no legal penalty for refusing field sobriety tests. However, doing so will probably lead to an arrest. A lawyer experienced in DUI cases could further explain the potential consequences of refusing field sobriety tests.
Once arrested for suspected DUI, Maryland drivers will be asked to participate in an official breath test administered at the police station. Refusing the test will result in a longer driver’s license suspension or revocation.
If an individual has been detained during an illegal traffic stop, their attorney could get their charges “thrown out” or dropped entirely by moving to have the resulting evidence suppressed. This is a rare situation, however, as law enforcement officers undergo extensive training on this topic.
Sometimes, the tools or techniques used by law enforcement during a traffic stop are incorrect or inappropriate. Physical coercion, for example, might lead to a case dismissal or a malfunctioning breathalyzer (PBT) device. Every traffic stop and DUI arrest is unique, so it is best that drivers remain silent and contact a lawyer immediately.
Being pulled over and arrested for a DUI (Driving Under the Influence) or DWI (Driving While Impaired) in Maryland is a frightening experience. Your mind is likely racing with questions about your job, your family, and your freedom. While it might be tempting to wait a few days to “let the dust settle,” time is actually your greatest enemy in a Maryland DUI case.
Here is why you need to reach out to a qualified Maryland DUI attorney immediately.
The most urgent reason to call a lawyer today is the Maryland Motor Vehicle Administration (MVA) deadline. In Maryland, when you are charged with a DUI and either fail a breath test (0.08 BAC or higher) or refuse the test entirely, the officer will likely confiscate your plastic license and issue you a paper temporary permit.
This paper permit is only valid for 45 days. However, you only have 10 days from the date of your arrest to request an administrative hearing if you want to ensure your driving privileges are protected during the wait. If you miss this window, your license may be automatically suspended on the 46th day. A lawyer can handle this filing for you and represent you at the Office of Administrative Hearings (OAH) to fight for a restricted license or a complete “no-action” result.
A DUI conviction in Maryland is not just a traffic ticket; it is a criminal record. Maryland does not allow for the expungement of a DUI conviction. This means if you are found guilty, it stays on your record forever.
A permanent criminal record can impact your life in several ways:
Maryland has some of the strictest ignition interlock laws in the country, known as “Noah’s Law.” Under recent updates to the law, almost everyone convicted of a DUI—and even many who receive “Probation Before Judgment” (PBJ)—must participate in the Ignition Interlock System Program.
A lawyer can explain whether you are eligible to opt into the interlock program early to avoid a total license suspension. Navigating these administrative rules without professional help can lead to months of being unable to drive to work or school.
DUI cases are highly technical. The prosecution relies on the accuracy of breathalyzer machines (like the Intoximeter EC/IR II) and the officer’s “subjective” observations during Field Sobriety Tests. An experienced lawyer knows how to scrutinize the evidence for flaws, such as:
If any of these protocols were violated, your lawyer may be able to have the evidence suppressed or the charges dismissed entirely.
For many first-time offenders, the goal is to secure a “Probation Before Judgment” or PBJ. This is a unique Maryland disposition where the judge strikes the “guilty” finding and places you on probation. If you successfully complete the probation, you are not “convicted,” and you do not receive the 8 or 12 points on your license that usually come with these charges.
Securing a PBJ requires a persuasive argument in court. A lawyer can help you prepare by suggesting alcohol education classes or treatment programs before your court date, showing the judge that you are taking the situation seriously.
Perhaps the most underrated benefit of hiring a lawyer is the reduction of stress. The Maryland legal system is complex, and the stakes are high. Having a professional advocate who knows the judges, the prosecutors, and the local court procedures in your specific county allows you to focus on your life while they focus on your defense.
Do not leave your future to chance. Contact a Maryland DUI lawyer today to begin building your defense and protecting your right to drive.
Facing charges for driving under the influence in Maryland is an overwhelming experience. The legal system is complex, and the consequences of a conviction can be life-altering. Many individuals wonder if they should handle the situation on their own or seek professional representation. Engaging a Baltimore County DUI lawyer is often the most critical decision a defendant can make, as these professionals provide a multifaceted defense that targets both legal and administrative challenges.
The first major contribution of an attorney is the meticulous evaluation of the evidence against you. A DUI arrest is rarely as straightforward as it seems on a police report. A skilled lawyer will scrutinize the legality of the initial traffic stop, questioning whether the officer had reasonable suspicion or probable cause to pull you over.
Key areas of investigation include:
If discrepancies are found, a Baltimore County DUI lawyer can file motions to suppress that evidence, which can lead to a significant reduction in charges or even a total dismissal of the case.
Beyond technical defenses, an attorney acts as a vital intermediary with the prosecution. In many instances, the goal is to negotiate a plea agreement that minimizes the long-term impact on your life.
A common goal in Maryland is advocating for a “Probation Before Judgment” (PBJ), which can prevent a conviction from appearing on your permanent driving record. A knowledgeable Baltimore County DUI lawyer understands the specific tendencies of local judges and prosecutors in jurisdictions like Towson or Catonsville, allowing them to tailor their arguments effectively. They can also advise you on proactive steps, such as enrolling in alcohol education programs, which can positively influence the court’s sentencing decision.
Another critical area where legal help is indispensable is the Motor Vehicle Administration (MVA) hearing. In Maryland, a DUI arrest typically triggers an administrative process that can lead to the automatic suspension of your driver’s license, independent of what happens in criminal court.
You only have a limited window—often just 10 to 45 days—to request a hearing to contest this suspension or to opt into the Ignition Interlock Program. A Baltimore County DUI lawyer will represent you at this hearing, ensuring that your right to drive is protected as much as possible so that you can continue to meet your work and family obligations.
Furthermore, an attorney provides essential emotional and procedural support. The criminal justice system is filled with deadlines, paperwork, and technical rules that can trip up an unrepresented person.
Having a professional guide you through every stage—from the initial arraignment to the final disposition—reduces stress and ensures that you do not inadvertently waive any of your constitutional rights. They can explain the potential penalties, including fines and jail time, while working tirelessly to avoid the worst-case scenarios.
DUIs can be life-changing and expensive, even for first-time offenders. An experienced DUI lawyer could help you through this challenging time by examining the evidence against you and working hard to protect your rights. The attorneys at Nguyen Roche Sutton have plenty of experience in these cases and look forward to building your DUI defense strategy. Contact us today to schedule a consultation.
Owings Mills
500 Redland Ct,, Ste. 212
Owings Mills, MD 21117
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
Baltimore
6 E. Eager Street
Baltimore, MD 21202
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
