Rockville DUI DefenseIf you or a family member is facing a DUI/DWI charge and license suspension, know that a DUI/DWI charge does not have to ruin your life. A knowledgeable and empathetic criminal defense attorney can help to minimize the damages and get you the help you need. A Rockville, Maryland, DUI defense lawyer at The Law Office of Steven Michael Selzer will take time to educate you as to drunk driving laws while providing proper legal advice and representation concerning a DUI charge Link to DUI/DWI Practice Area. Overview of the Crime of Drunk DrivingEach US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include:
In addition, the social stigma and effect on your career may have lifelong negative consequences. More than 1.4 million drivers in the U.S. were arrested for driving under the influence of alcohol or illegal drugs in 2001. Law enforcement officers nationwide are stepping up their enforcement of the drunk driving laws, largely in response to public outcry and the influence of lobbying groups such as Mothers Against Drunk Driving (MADD). If you find yourself caught up in this crackdown, you need an attorney with experience defending drunk driving cases to look out for your interests and to help you get the best results possible. Most states have lowered the maximum amount of alcohol that may legally be in an adult driver's system (called the blood alcohol level, or BAC), from .10 percent to .08 percent. More than a dozen states have so-called "zero tolerance" laws for drivers under 21. Those laws prohibit young drivers from having any measurable quantity of alcohol in their system. The lower blood alcohol levels mean that your chances of being arrested and prosecuted if you drink and drive have become even greater. A complicated set of legal challenges awaits you if you are arrested for drunk driving. You need a skilled and experienced drunk driving defense attorney. The penalties for drinking and driving have gotten more severe in recent years, particularly for those convicted of repeat offenses. A number of state legislatures have enacted laws that call for mandatory jail time for repeat offenders. In some states, prosecutors are not allowed to plea bargain in drunk driving cases. The fines imposed are higher now than in the past, and the time drivers' licenses are suspended has been increased. It has also become more difficult to obtain a "hardship" license that allows a person to drive to and from work. Now more than ever, you need an experienced drunk driving defense attorney to work with you to help you get the best outcome possible in your case. At first, it may seem that the worst, most frightening part of a drunk driving charge is the possible jail time and monetary fine. But fines and jail time are not the only things to worry about. A drunk driving charge has a "ripple effect," and will affect many areas of your life for some time to come. In most drunk driving cases, the driver will have to give up his or her license at least temporarily. Not having a driver's license will often make it harder to find or keep a job, which makes it that much harder to provide for yourself and your family. In some cases, a person who is convicted of drunk driving will be required to forfeit his or her motor vehicles. You will also find it much more difficult, and far more expensive, to maintain even the minimum insurance required by law. Contact an experienced DUI lawyer today to help reduce or avoid these consequences. The Role of Probation in Drunk-Driving SentencingProbation is by far the most common sentence for people convicted of drunk driving, especially for first-time offenders. Probation is a criminal sentence served in the community, rather than in jail or prison. Most states limit terms of probation to a maximum of five years. If you are facing a drunk-driving charge, an experienced lawyer can assist you with your defense and, if necessary, advocate for a fair sentence. The Prosecutor's Role in a Drunk-Driving CaseProsecution refers to the government's role in the criminal-justice system. When criminal activity is suspected, it is up to the government to investigate, arrest, charge and bring the alleged offender to trial. A prosecutor is a lawyer who works for the government and who is responsible for developing and presenting the government's case against a criminal defendant. Prosecutors may be called county attorneys, city attorneys, district attorneys or states' attorneys. Some jurisdictions may even have experienced police officers act as prosecutors in drunk-driving cases. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Reliability of Breath-Test Results in a Drunk-Driving CaseIn every state in the US, a driver with a blood-alcohol concentration (BAC) of .08 or higher is presumed to be legally intoxicated for drunk-driving purposes. Each state has also enacted an implied-consent law. Implied-consent laws provide that every licensed driver within the state is considered to have given his or her consent to chemical testing to determine his or her BAC whenever a law enforcement officer has reasonable suspicion of intoxication. In most states, refusal to submit to such a test results in license suspension or revocation. The Impact of a Drunk-Driving Conviction on Your Auto InsuranceAn alcohol-related car accident and subsequent drunk-driving conviction can bring many negative consequences into your life, possibly including jail or prison time, a criminal record, car repair or replacement, restitution, guilt and grief over harm to others, higher insurance premiums, a civil lawsuit, fines, court and administrative fees, community service, alcohol education, substance-abuse treatment, social stigma, restrictions on or revocation of your drivers license, attorneys fees, restrictive probation and others. If you are arrested for or charged with drunk driving, a criminal-defense lawyer can advise you about your legal rights and help you fight the charges. Drunk Driving/DUI Resource Links
About.com: Alcoholism and Substance Abuse
Impaired Driving Division - National Highway Traffic Safety Administration
Insurance Institute for Highway Safety
Center for Disease Control (CDC) - Impaired Driving
The Century Council
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Call us nowor use the form below.Frequently Asked Questions about Drunk Driving
Q: What is "blood-alcohol concentration" or "blood-alcohol level"? A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds. Q: Can I refuse a Breathalyzer® test? A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case. |
