Every DUI charge is different, and
the circumstances around your case may provide you with a real defense. An attorney is extremely valuable in helping
you assess the State’s proof. Consider
this common set of facts: You have one
beer at a bar and drive home. Someone
witnesses you swipe a parked vehicle and then walk a little off balance into
your home. You didn’t realize you hit
the car, so you go inside and have a few drinks while you unwind for the day. 45 minutes later, the police are at your
door. You fail the field sobriety tests
and blow a 0.10. The police charge you
with DUI.
It may seem counterintuitive, but
arguing to the State that you had several drinks after you drove home can
actually help you. The State has to
prove that you were intoxicated when you drove the car. The gap in time between when you drove and
when the police took your BAC may be long enough to exclude that evidence.
2.
Being proactive before your trial will make a
difference at sentencing.
If it becomes clear that a guilty
plea is in your best interest, there is a lot you can do prior to
your hearing date to improve your outcome at sentencing. Entering a treatment program is a great way
to show the judge that you are taking responsibility for your actions. It’s important that you be honest with the
treatment evaluators about the circumstances of your DUI case and whether you
have any prior DUI’s. A judge may not
look so kindly on your completion of a weekend treatment program when it’s your
third DUI and you didn’t tell the evaluators about the severity of the issue.
3.
Be prepared for the consequences.
Judges take DUI cases very
seriously. While jail time is uncommon
for first time offenders,
supervised probation is a standard consequence and is
frequently accompanied by conditions. Such
conditions may include monitoring through the drinking and driving monitor
program (DDMP), attending AA meetings, totally abstaining from alcohol, or
completing an extended treatment program.
Conditions of probation frequently carry their own fees in addition to
the fines imposed by the court. Mentally
preparing yourself for these consequences can help to lessen the blow when you
face sentencing. You should also prepare
your pocketbook, because the court’s fines are usually due on the date of
sentencing.
If you or a family member has been
charged with DUI or DWI in Maryland and would like a free legal consultation or
if you would like more information on DUI or DWI please feel free to
contact our office at (301) 854-9000 and schedule an appointment at our office in Rockville or
throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/
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