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Montgomery County DUI Attorney

If a law enforcement officer believes that a person is operating their vehicle while their ability to operate the vehicle was visibly impaired by alcohol or a controlled substance, the person will be charged with a DUI in Montgomery County. A DUI is a serious charge and can have negative ramifications on a person’s future. Thus, a person facing charges should contact a Montgomery County DUI lawyer at their earliest convenience, as preparation for a DUI trial can never begin too soon.

Montgomery County DUI Enforcement

DUI and DWI are priorities for local law enforcement officials in Maryland. All of the police agencies publish statistics at the end of the year showing how their DUI enforcement compared to previous years and to other jurisdictions. They take it very seriously and prosecute these charges harshly.

This objective of keeping the road safe, can lead to law enforcement officers pulling over innocent people. Officers are looking for any kind of minor traffic infraction, especially late at night around the time the bars close, to justify a stop hoping that it will lead to an expansion of the case into a DUI investigation. Officers that work late night shifts, particularly on weekends, expect a significant portion of their traffic enforcement to be DUI stops. Police officers in the area are also on the lookout for people who are underage and have consumed alcohol after a few major cases of underage DUI leading to deaths of high school students.

Prosecution

There are two types of DUIs in Montgomery County. There is the 21902 A1 offense and the 21902 A2 offense. To prove an A1 offense, which is DUI, the prosecution needs to prove that the individual was significantly impaired when they were operating a motor vehicle. To prove a DUI per se, A2 offense, the state would need to prove that the individual’s breath alcohol content was .08 or higher within two hours of operating their motor vehicle. If the state is unable to meet the burden of proof then the charges will be dropped.

The evidence that will be essential for a defense lawyer to gather will depend on the facts surrounding and the nature of the DUI. Testimonial evidence from people who saw the person on the day of the DUI charge or was in the vehicle with the person may be extremely beneficial to a defense. An expert witness may also be able to determine whether a faulty breathalyzer test or chemical test was conducted. This will help create doubt concerning the prosecution’s case. Any evidence that will help create doubt surrounding the prosecutor’s case will be compiled by a defense attorney to help their client argue their innocence.

Evidence in Montgomery County DUI Cases

Montgomery County courts in Rockville

 Types of DUI Offenses

Role of a Montgomery County DUI Lawyer

First, a Montgomery County DUI lawyer can investigate the case. They can figure out if there’s a way to defend the case and end with the case either being dismissed or with an acquittal. Next, they can present the case. They can argue the facts to the judge or the jury in Montgomery County.

An attorney can help the client with preparation of mitigation. If the case is not one that the lawyer wants to go to trial or if the trial doesn’t go in the way that he or she expects, it’s very important to have mitigation already prepared. Usually for DUI cases, mitigation involves some kind of alcohol treatment subsequent to the incident.

Finally, a DUI lawyer can advocate, stand and speak on the client’s behalf in the case. All those are things that lawyers do in preparing their case in Montgomery County. Regardless of whether the offense is a first time or third time offense, a dedicated lawyer will work to make sure your constitutional rights are protected and that you are treated fairly and justly during your case.

Begin Preparing Your Defense

A person’s defense will only be as strong as the person that is helping to prepare it. Thus, when a person is charged with a DUI it is essential that a person contact a Montgomery County DUI lawyer immediately. This will allow the lawyer to conduct a thorough investigation into the facts and evidence available in the case. Once this is determined, the lawyer will begin to prepare a strategy that takes your life and future into account.

Working With a Local Attorney

Knowing the personalities that are involved in a DUI case is extremely important. Having somebody who not just understands the law, but knows how a particular prosecutor tries a case, and how a particular judge likes to hear the facts, what facts he or she is amenable to, and how that judge is likely to sentence can have an enormous impact on the outcome of the case. When you hire an experienced DUI attorney in Montgomery County you are choosing an advocate.