Salisbury DUI Lawyer  

If you are facing charges for driving under the influence of drugs or alcohol (DUI), it is imperative you defend your case with the help of an experienced criminal defense attorney. Navigating the court system while facing criminal charges can be frightening, but a skilled attorney can help you understand your legal options, and attempt to mitigate the offenses against you.  With the assistance of a Salisbury DUI lawyer, you can fight back against these charges.

Driving Under the Influence (DUI) Charges

Driving under the influence (DUI) is a criminal offense that involves the use of a motor vehicle while under the intoxicating effects of alcohol or drugs. Depending on the facts of a person’s case, there are different varieties of DUI charges a person can face under state law.

The offense could include:

  • Driving under the influence of alcohol
  • Per se DUI
  • DUI while transporting a minor
  • Driving while impaired (DWI) by alcohol
  • DWI while transporting a minor
  • DWI or DUI under the influence of drugs

Each of these charges can carry different penalties that are unique to their charge. The exact penalties a person can face depends on the specific facts of their case. With the help of a knowledgeable driving under the influence lawyer, a defendant can fight back against these charges.

Per Se Driving Under the Influence

A person is considered to be per se intoxicated by alcohol if their blood alcohol concentration (BAC) is 0.08 percent or higher. A person with this BAC is automatically determined to be intoxicated, with no other proof required to prove intoxication. This assumption means that a defendant will be found to be under the influence of alcohol while driving, even if their driving was otherwise perfectly fine.

Law enforcement determine a person’s BAC through various methods, including:

  • A preliminary breath test
  • A breath test located at the police station
  • A blood test

These methods are used by law enforcement during and after an arrest is made. Officers who fail to follow proper protocol in obtaining these test results may violate constitutional law, and the evidence may be thrown out as a result.

Still Charged While Under the “Legal Limit”

Just because a person is under the 0.08 percent BAC legal limit, does not necessarily mean they are not impaired under Maryland law. A DWI charge may be leveled against a driver who appears impaired, but has a BAC below that of the per se limit. This means that, with proper evidence of impairment, a person can still be charged with a drunk driving offense even if they are under the limit.

Officers are required to show evidence of impairment, such as:

  • Failure on field sobriety tests
  • Inability to balance or stand
  • Red eyes
  • Slurred speech
  • Smell of alcohol
  • Inability to concentrate

Police officers can testify in court about a driver’s state of impairment in order to prove the offense. With a skilled defense attorney a defendant can challenge this testimony.

Penalties for DUI Offenses

The penalties for drunk driving offenses depend on certain factors, and depend greatly on the type of drunk driving offense a defendant faces. A first time offense may result in up to one year in prison, $1,000 in fines, and twelve points on a driver’s license. Subsequent offenses will result in higher penalties, as will offenses that include the transportation of a minor while intoxicated.

Consult a DUI Attorney in Your Area

If you are fighting a driving under the influence charge, you should retain the services of a seasoned attorney. With the help of a Salisbury DUI lawyer, you can analyze the specific facts of your case to present a strong defense. Call today to get started on your defense.

Salisbury Criminal Defense Lawyer