Clarksville DUI Lawyer

Clarksville DUI Attorney

Operating a motor vehicle while under the influence of alcohol, narcotics, or other controlled substances could have a significant impact on your life. From fines and jail time to license suspensions or revocations, your DUI is not a criminal charge you should take lightly. However, the decisions you make from the moment you are approached by law enforcement could make a difference in your case. As soon as you can, contact a Clarksville DUI lawyer for support.

At the Law Offices of Todd K. Mohink, PA, our DUI attorneys have the experience to help ensure you make the right decisions and receive the defense that you deserve. With our help, your DUI case could be dismissed, your charges reduced, or you could serve an alternate penalty. We offer a free consultation on your case. Get the answers you need from an experienced DUI attorney who can craft the right defense for you.

How a Clarksville DUI Law Firm Can Help

A criminal defense attorney will examine your case to ensure they thoroughly understand the circumstances to build a defense that works for you. This investigation will look at the reasons for which you were stopped, the interactions with law enforcement, and the subsequent steps of your due process to ensure your rights were protected. A failure by law enforcement could make all the difference in your case. For instance, neglecting to read you the Miranda Rights.

From the beginning of our investigation, we can represent you. Our team works on your behalf by filing motions, answering correspondence from prosecutors or others involved, and ensuring your interests are at the forefront of your case. While you may think representing yourself can help minimize costs, the help of an attorney could save you significant time and money in the future. A Clarksville DUI attorney, with their adept knowledge of Maryland Court Laws, can provide invaluable guidance in your case.

Driving Under the Influence (DUI) vs. Driving While Intoxicated (DWI)

Maryland is one of the few states that could penalize drivers for either DWI or DUI. A DUI charge is used when a driver has a blood alcohol content, BAC, of .08% or more. DWI is used when the BAC is .07% or lower. Under these circumstances, a DUI charge is the more serious of the two. Because they are defined by the BAC, a driver cannot be convicted of both charges. However, some prosecutors may charge both with the hope of a conviction for one.

DWI convictions come with significantly reduced penalties compared to a DUI, but they still carry great weight on your criminal record. Under a DWI charge, you could face up to two months in jail and fines of up to $500. In addition, you could face a suspension of your license and up to 8 points on your driving record. If, however, you are convicted of a DWI charge, the jail time could be extended to up to one year.

If it is your first DUI conviction, it could result in up to one year in jail and fines of up to $1000. Additionally, your license may be suspended, and you could face 12 points on your driving record. As with DWI charges, additional convictions will compound the penalty you face with the possibility that your license will be revoked. However, Clarksville, Maryland does not recognize DUI as a felony regardless of the number of convictions a person faces.

Interlocking Devices

An interlocking device requires a driver to blow into the device to determine that the driver is operating the vehicle without any alcohol in their system. If the person is drunk driving and the device detects alcohol, the vehicle will not start. The driver may also be required to submit to randomized testing to ensure the driver is not attempting to cheat the system.

These systems may be installed as part of the penalties for DUI charges. The costs for these devices are passed on to the driver and could be left on the vehicle for a time determined by a judge or based on the results of ongoing testing. A Clarksville DUI lawyer can help guide you through what to expect and if you may be mandated to have an interlocking device.

Noah’s Law

Any BAC that measures above .08% can result in a DUI charge; however, if a driver’s BAC is about .15% as a first-time offender, the driver will have an automatic 6-month license suspension and a mandatory installation of an interlocking device. If the driver refuses to submit to a breathalyzer test, their license suspension will increase to 9 months. In these situations, the license suspension cannot be modified for any reason.

Motor Vehicle Association Hearing

Unless the circumstances of your charges apply the penalties of Noah’s Law, you may be able to challenge the penalties to your license. These cases are argued in front of an administrative law judge at which your attorney can present your case in an effort to interrupt the suspension of your license. If you feel you wish to challenge your license suspension, be sure you follow the counsel of your attorney, who will work on your behalf.

Defense for Driving Under the Influence

One of the ways in which an attorney will help fight against your DUI charges is to seek probation before judgment, or PBJ. Under these circumstances, a first-time offender can agree to certain parameters that, if followed, will allow the accused to avoid a conviction altogether. Under these terms, the defendant avoids a license suspension and avoids the charge showing on their criminal record.

Other ways in which an attorney may defend you against DUI charges include:

• Illegal traffic stop. Law enforcement must have probable cause to pull over an individual. If your attorney can prove there was none, then you may be able to avoid the charges altogether.
• Improper procedure. Law enforcement has a specific set of parameters that they must follow to honor the rights of the accused and to ensure that evidence and field sobriety tests are collected and administered appropriately.
• Failure to advise of rights. Maryland’s Implied Consent Law governs the rights that those accused of a crime are allotted in addition to those granted by the federal government. If there is a failure to advise you of those rights, then you may be able to have your case dismissed.
• Improper calibration of equipment. Testing a driver’s BAC requires the use of a breathalyzer machine. If that equipment is not properly serviced or calibrated, then the results of your test could be inaccurate, which means it cannot be accurately proven what your BAC actually was.

The defense strategy that your attorney chooses should be based on the circumstances of your case. There is no one-size-fits-all approach to defending DUI cases. At the Law Offices of Todd K. Mohink, PA, we know that defending you means defending your future.

FAQs

Q: How Much Does a DUI Lawyer Cost in Maryland?

A: The cost for an attorney to help defend you against a DUI charge will vary depending on the circumstances of your case and the experience of your attorney. Generally speaking, a DUI lawyer will cost approximately $2500. When you speak with a potential attorney, be sure to inquire about the costs you could incur when using their services.

Q: Do I Need a Lawyer for a DUI in Maryland?

A: It is always recommended that before you face any criminal accusation, you should seek the help of an attorney who can represent your interests and navigate the complicated legal system. In DUI cases, you only have ten days from the suspension of your license to challenge the suspension by requesting a hearing at the MVA. The sooner you contact an attorney, the sooner your rights are protected, and the greater chance your privileges will be restored.

Q: How Do I Get Out of a DUI in Maryland?

A: There is never a guarantee that you can beat the charges for your DUI case; however, an accusation does not mean you are guilty. One of the ways in which you can fight back against your DUI is to agree to probation before judgment, which outlines certain parameters you can adhere to in an effort to avoid charges from appearing on your record. Other defense strategies should be discussed with your attorney.

Q: How Likely Is Jail Time for a First Driving Under the Influence Case in Maryland?

A: The circumstances of the case against you could help you avoid jail time for your first offense. When someone who is accused of a DUI cooperates with police, does not cause any injuries, and their vehicle was free of minors at the time of arrest, then there is a strong likelihood that they could avoid jail time.

Clarksville DUI Lawyer

If you are accused of driving under the influence, you deserve the help of an experienced attorney who will fight on your behalf. At the Law Offices of Todd K. Mohink, PA, our team knows how important the right defense is for you. We examine the circumstances of your case in order to defend against the charges you face, uphold your rights, and restore your privileges. Contact our offices today for your free consultation.