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Experienced Representation From A Baltimore DWI Lawyer
In Maryland, a DWI charge means prosecutors allege you operated a vehicle after losing some level of coordination due to alcohol or other drugs. DWI stands for Driving While Impaired. Note that a DWI is slightly different from DUI charges (Driving Under the Influence). A DUI can carry harsher penalties because it means you are alleged to be significantly impaired while driving, rather than somewhat impaired. DWI charges are still extremely serious in Maryland. A driver with a Blood Alcohol Concentration (BAC) of .07 is likely to face a DWI charge. If you, or a loved one, has been charged with DWI, you need an experienced Baltimore DWI lawyer to protect your rights and ensure a fair outcome.
Even if you were not charged with a DUI, but were charged with a DWI, it is vital that you contact a Baltimore DWI attorney immediately after a DWI arrest. If you took a breathalyzer test and blew a .07, you may lose your ability to drive while your case is pending. You must request a review hearing within 10 days of your arrest, or your license could be suspended, even before a verdict. Further, Maryland law allows for up to one year in jail, a $1000 fine, suspension of driver’s license, and up to 8 points on your driving record for a first-time DWI offense. Penalties increase after your first offense. Penalties also increase if you were transporting a minor while allegedly impaired. Contacting a Baltimore driving while impaired lawyer directly after your DWI arrest will drastically improve your ability to avoid the harshest penalties.
Defenses to DWI Charges in Maryland
There are several technical defenses to DWI charges in Maryland. An experienced attorney will look for procedural and evidentiary violations by law enforcement involved in the DWI arrest. Moreover, these errors would likely go unnoticed by someone without a thorough understanding of the related DWI laws and regulations. For this reason, it is extremely important that you contact a Baltimore DWI defense lawyer right after a DWI arrest. An experienced criminal defense attorney will be able to spot one of these defenses if present, which can provide grounds for dismissal of DWI charges in Maryland.
An Unlawful Stop
In order for a police stop to be legal, police must have proper grounds to make an initial traffic stop. If the police officer did not have a reasonable and provable suspicion that you were committing a crime or traffic violation, then the stop was illegal and the resulting arrest unlawful. We have seen this happen many times to Baltimore residents and A Baltimore DWI lawyer at Hyatt & Goldbloom will request the police report as well as body and dash-camera footage, to determine whether you violated a traffic law or exhibited other behavior that would justify the traffic stop. If you did not, defense will be formed on your behalf to fight the DWI charges brought against you.
Improper Field Sobriety Test
There are many ways to attack the validity of Maryland Field Sobriety Tests. In many cases, the police may not have had legal grounds to ask you to perform the sobriety test. There can also be environmental factors that jeopardize the test’s validity. Most notably, the National Highway Traffic Safety Administration (NHTSA) sets regulations for the Field Sobriety Tests, which police must follow for the test to be valid.
Improper Breathalyzer Test
An experienced Baltimore driving while impaired attorney may be able to challenge how the test was administered, the accuracy of its results, whether the particular equipment functioned properly, whether the breathalyzer was certified, or whether it underwent proper maintenance. When defending a DWI charge in Maryland, challenging the breathalyzer’s accuracy can be the key to a good defense. Remember that a BAC of .06 is perfectly legal, while a BAC of .07 results in a DWI charge.
Police Failed to Read Miranda Rights
If you were not read your Miranda Rights at the time of arrest, then anything you said after the arrest or while in custody will not be admissible. When we speak with anyone facing a DWI charge, this is one of the first questions we ask. It is the law for police officers to read you your rights during your arrest, if they did not, then they have breached your rights and the entire investigation can be tainted.
Successfully establishing and proving one or more of these defenses can provide grounds for dismissal of DWI charges in Maryland, or otherwise disqualify evidence that the prosecution needs to prove their case. It’s not uncommon for police to get careless and commit one of these mistakes during an arrest. The Baltimore DWI lawyers at Hyatt & Goldbloom have successfully argued these defenses for countless past clients and received optimal outcomes for our clients. We will diligently review your arrest records to determine if grounds for one of these defenses exist and act accordingly in your best interest.
Probation Before Judgment (PBJ) For A Baltimore DWI Charge
Probation Before Judgment (PBJ) is a benefit offered to first-time offenders of certain Maryland crimes. Receiving a PBJ in Maryland means you are being placed on probation prior to a judgment being entered in your case. This is significant because if a judgment is not entered in your case, you will never have been found guilty of the DWI charge.
A strong Baltimore DWI lawyer will fight for their client to receive a PBJ when charged with a DWI. Generally, Maryland judges will consider a PBJ for first-time DWI offenders, although other circumstances of the arrest will be considered. If you are offered a PBJ, you must adhere to the terms of the probation for the designated period. This is a valuable opportunity for first-time offenders, allowing them to avoid many of the consequences associated with a conviction. So long as you successfully complete the PBJ period, you will NOT have to: report the conviction on employment documents, get points added to your driving record, have your insurance premiums increased.
The opportunity to get a PBJ is a major reason first-time DWI offenders hire a qualified Baltimore DWI defense lawyer. Successful criminal defense attorneys have experience working with prosecutors to negotiate PBJs for eligible clients. The Baltimore DWI attorneys at Hyatt & Goldbloom have over 30 years of experience working with State’s Attorney’s Offices throughout Maryland’s jurisdictions. We always attempt to negotiate PBJs for our eligible clients. If this is your first DWI offense in Maryland, call Hyatt & Goldbloom today to discuss your PBJ options.
Cost of a DWI Conviction in Maryland
If you’ve been convicted of a DWI charge in Maryland, you can expect to pay numerous fees and penalties that can add up to an alarming amount. Potential costs include court fees, lawyer fees, interlock installation, alcohol education classes, and more. If ordered by the Maryland courts, you will have to pay for alcohol and drug education classes if convicted of a DWI charge. A DWI conviction could result in 8 points on your license, leading to the State suspending your driver’s license. If you have your license suspended, you will likely have to pay reinstatement fees. You can also expect to pay higher insurance premiums after you’re arrested for a DWI charge in Maryland. A DWI conviction will mark you as a high-risk motorist, resulting in higher car insurance premiums.
A DWI can cost you more than just money. You may find that it interferes with your future education prospects. Some colleges frown upon accepting students with a DWI conviction on their records. You may also find that it interferes with future job opportunities. If convicted of a DWI charge in Maryland, you can expect to have to check boxes on a job application related to felony convictions.
The financial consequences of a DWI are important, but DWI charges can also cause reputational damage, negatively impacting how others view you. There is a widespread stigma for drunk driving in Maryland. It’s common for those convicted of a DWI to feel that the people in their lives have lost faith in them. That’s why it’s vital to speak with a dedicated Baltimore DWI lawyer immediately after the incident. If there is an opportunity to have DWI charges dropped or expunged from your criminal record, the attorneys at Hyatt & Goldbloom will do all that they can for you to make that happen. We understand how devastating a DWI charge can be, that’s why we work so hard for our clients to make sure their life is not permanently affected.
Baltimore DWI Charge And Court Certified Alcohol Education And/Or Treatment
Under Maryland law, if you are convicted of a DWI, then alcohol education and/or treatment is required unless the judge finds it unnecessary. Maryland judges will almost always require at least some type of alcohol education course following a DWI conviction. Courts consider these requirements a matter of public safety to help lower risks of continued drunk driving.
In general, you should never wait for a judge to order alcohol education or treatment. If you will be going to trial or be in front of a judge for any reason, you should complete the applicable program and submit your certifications ahead of time. (Note, there are also other times when completing a program will be beneficial. Call us to learn more.) The Baltimore DWI lawyers at Hyatt & Goldbloom can help you schedule the correct alcohol program and ensure you complete your certification prior to any trial or hearing.
Contact A Baltimore DWI Lawyer Today
The Maryland DWI lawyers at Hyatt & Goldbloom know how to assess the unique facts of each impaired driving case. Your attorney will perform an analysis of the initial traffic stop, field sobriety tests, and other mitigating factors. While we understand the seriousness of this crime, we also understand that one lapse in judgment does not define you.
As your lawyers, our job is to require the State to prove their case beyond a reasonable doubt. We will attack any procedural, evidentiary, or otherwise relevant gaps in the prosecution’s case. If there is any defense in your favor or argument against the State, we will persuasively raise it on your behalf. Alternatively, if there are other options, such as a PBJ, our legal team will use its resources to help obtain the most beneficial outcome.
Hyatt & Goldbloom will always fight to protect its clients’ best interests. For a free consultation regarding your Maryland DWI charge, please call us at (410) 385-3180 right away. During your consultation, we can explain the potential consequences you may be facing and how our Baltimore DWI defense lawyers can help.