Challenge Your DWI Charge

DWI Attorney MD

The average MD DWI attorney is not necessarily the best choice when facing a charge for driving while intoxicated. But our team at The Law Firm of Frederick J. Brynn, P.C. will give you more than just fair representation. When it comes to your reputation and career, you want the best chance of avoiding a conviction. Our attorneys offer decades years of combined experience, and we have successfully defended our clients since 1993. You can trust us to build the strong defense you deserve and zealously advocate on behalf of your rights, freedom, and future. Call our Maryland firm today to schedule your free and confidential case evaluation.

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We Represent First-Time And Repeat Offenders

DWI stands for ‘driving while intoxicated’. In most states, this includes both alcohol and drugs. Some states have different names for these crimes, such as DUI (driving under the influence) or OUI (operating under the influence). No matter what it’s called in your state, it’s important to understand that you don’t have to be drunk to be convicted of this crime. All that matters is whether you’re too impaired to operate the vehicle safely.

Whether you are a first-time offender, a multi-offender, or have been mistakenly accused, our MD DWI attorney is the one with the experience and know-how to clear or reduce the charges against them. It may be as simple as proving that you were lawfully using prescription medication which gave the arresting officer a false impression of your state of being. Police work is often subjective, and when in a court of law, it is the prosecutor’s responsibility to prove objective, definitive guilt. Our attorneys know from experience how to convincingly prove reasonable doubt that the client broke any laws.

Our attorneys specialize in motor vehicle laws and are constantly educating themselves on new as well as proposed changes. It can even give us an advantage over those responsible for enforcing the law, as well as those who prosecute it.

A quality defense lawyer understands that strategies for clients who are facing a first offense should be different from those facing repeat charges. It’s much easier to argue a one-time mistake for somebody who has never been arrested for a driving while intoxicated (DWI) offense. Those who have been convicted of a DWI charge at some time in the past cannot make the same argument. In addition, jail time is often mandatory for multiple DWI offenders. The stakes get higher for each successive DWI charge against you.

When looking for an attorney, look no further than our attorneys on staff at Frederick J. Brynn. Our legal team is fully aware of the ins and outs of Maryland’s motor vehicle laws as they pertain to DWI charges and convictions. Our attorneys are adept at arguing on behalf of our clients and leveraging winning strategies. It is possible you may not even have to attend court during the proceedings as they may be able to fully represent you in your absence. That means you can avoid the added stress of being in the courtroom and not have to take time off from work.

What Should I Know About DWI Charges?

In most DWI cases, the mandatory minimum sentences are so severe that you risk very little by choosing to go to trial. In general, if you do go to trial, you will receive the same sentence as someone who pleaded guilty, or less.

The prosecutor often would rather be prosecuting more important felony cases. The average state prosecutor will be working 15 – 30 cases at any given time alongside attorneys who are handling traffic court dockets. In many jurisdictions, the prosecutor is first to arrive at the courthouse and will get to choose the courtroom, and their pick is often based upon the speed of the judge.

In several jurisdictions across the country, prosecutors do not have extensive time to look into DWI cases, especially those that do not involve aggravating factors. Sometimes a DWI attorney won’t be able to discuss the case with the prosecutor until the court date as that is when they will review the case. In smaller areas, there may not even be a prosecutor for traffic cases; although this is not too common.

The arresting police officer is likely to be very busy too. Your DWI case is almost certainly one of many that your arresting police officer will need to deal with. Some officers are required to attend 5 or 10 cases on the same day which means recollecting the arrest may be difficult. This is especially true when you did not do anything out of the norm.

Field sobriety testing was not accurately performed. Police officers are required to undergo training on how to perform field sobriety tests. However, many of these tests are performed wrong. For example, on the horizontal gaze nystagmus test (which involves you following the officer’s pen with your eyes), the National Highway Traffic Safety Administration manual says that if you move your head during the test, the police officer should use their free hand or a flashlight as a chin rest. This is rarely done. The manual also states that a person who is at least 50 pounds overweight should not do the walk-and-turn test; this is often ignored. Finally, it is possible that the breath testing machine is not working properly. It has been known that readings can vary up to 50% from the actual BAC content.

Is It Possible To Get A DWI For Prescription Medications?

Most people know that they can be arrested and charged for driving while under the influence of alcohol or illegal drugs. However, what many don’t realize is that they can also be arrested for being under the influence of a lawfully-prescribed medication.

A DWI for medications can be given for consuming all types of medications including:

  • Valid prescription
  • OTC medications
  • Cold or allergy medications

It is up to the police officer’s discretion when assessing the driver for impairment due to a medication. These assumptions are usually based on instinct rather than fact. This is why sometimes innocent people are arrested and charged.

As the use of prescription medications increases, so do DWIs. We have known of cases in which the police pulled someone over and tested them for alcohol only to get a 0.00 BAC reading. When they still believe the driver to be impaired they may assume he or she is under the influence of medications. In this case, they may arrest the driver and take them to the hospital for a blood test. Whether or not the medication will show up in the blood will depend on the type of medication and test. Even if the test comes back negative, you could still be charged.

If you were charged with a prescription medication DWI, you should take this matter very seriously. You cannot expect to go to your hearing on your own, show the judge your prescription, and think that the charges will be dropped. The best decision you can make is to call our attorney to find out what you should do immediately after you’ve been charged.

Prescription DWIs Are Largely Based on Assumption

With regard to DWI prescription medication cases, the charges often rely on the assumption and judgment of a police officer. What this means is that with our good DWI lawyer to craft you a strong defense, you may be able to fight these charges to the point they are reduced or dropped.

Defenses to a Prescription DWI Charge

You cannot defeat a DWI charge for a prescription medication by just saying you have been prescribed the drug. Rather, as long as the police officer believed you were intoxicated and put yourself in a position where you were at risk for causing harm to yourself or others, you can be charged.

Unlike alcohol, there is no way to measure how many drugs are in your system – unless you disclose this. This can work in your favor for legal prescription medications. The reason for this is that just because the medication was in your body, does not mean you were intoxicated. It will be up to the prosecutor to prove this through evidence. It is possible to limit this type of evidence by:

  • Not telling the officer you have a prescription medication; and,
  • Refusing field sobriety tests (this does not apply to alcohol intoxication)

Depending on the circumstances, our lawyer might also argue that the officer did not have any reasonable suspicion to stop or arrest you.

DWI Statistics

It is no secret that drunk driving is an issue in this country. According to SafeHome.org Research:

  • Drunk drivers account for almost 30 percent of all traffic deaths in this country each year – approximately 10,000 fatalities.
  • Ten percent of the total number of people arrested in America each year are for drunk driving. This is higher than the total of all violent crime arrests.
  • The average percentage of blood alcohol concentration (BAC) in drivers involved in crashes has spiked from 19 percent to 26 percent.

These statistics are why all 50 states have stringent drunk driving laws and harsh penalties if convicted. It is also why anyone arrested should call our DWI lawyer.

Benefits of Hiring a DWI Attorney

If you have recently been charged with a DWI, you may understandably be worried. A DWI can have some pretty harsh consequences, like jail time and trouble securing employment in the future. One of the best things you can do right now is hire our reputable attorney. Here are some benefits of hiring an experienced legal team.

  • Receive a lighter sentence. When you are dealing with a DWI charge, one of your main goals is to get the lightest sentence possible. If you work with our experienced DWI lawyer, you have a greater chance at receiving a lighter sentence. Our skilled attorney understands all the laws related to DWI cases and can help you build a strong case. We may also look for holes in the prosecution’s case to help you get reduced charges or a dismissal. For instance, if our attorney discovers that the police officer did not have a good reason to pull you over in the first place, it may benefit your case.
  • Get your driver’s license back. After you are charged with a DWI, your driver’s license automatically gets suspended. This can make it difficult to get to work and other important places. That’s another reason to have our firm on your side. We can fight for you to get your driver’s license back promptly.
  • Reduce your time in court. Walking into a courtroom to fight a DWI charge can be stressful. That is why you want to spend as little time there as possible. If you hire our skilled DWI lawyer, you may be able to spend less time in court. We understand how courtrooms operate and know how to streamline the process.
  • Alleviate stress. It’s not healthy to have a lot of stress in your life. However, dealing with a DWI charge can increase the stress in your life. You are scared about spending time in jail and worried about how a conviction will affect your future. If you hire our DWI lawyer to handle your case, you will notice how much your stress levels decrease. You know that someone knowledgeable and experienced is on your side, so you have a higher chance of achieving a successful outcome in your case.

Benefits of Hiring a DWI Attorney Infographic

FAQs

Why Hire A DWI Attorney?

When you are facing drunk driving charges, it is important to face them with our qualified DWI lawyer. A good attorney can help you decide the best way to defend your case. We will also help you make sure that all of your rights are protected and that you get the best possible outcome for your case.

What Is “Lack Of Probable Cause”? 

If we can argue successfully for lack of probable cause, we can greatly diminish the prosecution’s case. A defense strategy may involve challenging the initial traffic stop or arrest, questioning whether the police had probable cause to believe the driver was intoxicated. If it can be demonstrated that the officer lacked reasonable suspicion or violated the driver’s Fourth Amendment rights, the charges may be dismissed. This can include arguing against unreliable witness statements or challenging the accuracy of any alleged erratic driving behavior. Our attorneys may review dashcam footage, witness testimonies, or other available evidence to scrutinize the basis for the stop or arrest. Our DWI defense team may argue that the officer’s observations were subjective, inconclusive, or lacked proper foundation. 

I Don’t Think My Sobriety Test Results Were Accurate. What Should I Do? 

We can challenge the reliability of field sobriety tests, such as the horizontal gaze nystagmus (HGN) test or the walk-and-turn test, by highlighting external factors like poor lighting, uneven surfaces, or physical limitations that may have impacted your performance. These tests are often subjective and prone to error, and we can use expert witnesses to question their validity and offer alternative explanations.

Breathalyzer and blood test results can also be flawed due to improper calibration, administration, or handling. We may examine the testing process, equipment maintenance records, and the qualifications of the person conducting the test to identify errors. With support from forensic toxicology experts, we can build a strong case to challenge the evidence against you and create reasonable doubt.

Can Blood Alcohol Content (BAC) Rise Over Time? 

Yes. We may employ a “rising blood alcohol content” defense, arguing that the driver’s BAC was below the legal limit at the time of driving but rose to illegal levels during the period between being stopped and taking the chemical test. This defense challenges the accuracy of the BAC measurement and suggests that the driver was not intoxicated while operating the vehicle. It can involve presenting witnesses to explain the science behind the alcohol absorption process. Our attorneys may argue that factors such as the time elapsed between driving and testing, the rate of alcohol absorption, or the presence of food in the stomach affected the BAC readings. Sometimes the testing equipment is not reliable or is defective. 

What Is The “Necessity Defense”? 

Our DWI lawyer may argue that the driver had no other viable options but to operate the vehicle under the influence. For example, if the driver needed to prevent serious harm or injury to themselves or others, they may assert that their actions were necessary given the circumstances. This defense requires proving that there was an imminent and substantial danger that justified the DWI offense. We may present evidence, such as eyewitness testimonies or emergency situations, to support this defense. We will need to demonstrate that the driver could not find an available alternative at that time. 

Maryland DWI Laws

  • The Legal Blood Alcohol Concentration

In Maryland, adhering to the established Blood Alcohol Concentration (BAC) levels is paramount for every driver steering through its roadways. The legal limit stands at 0.08% for general drivers, while for commercial vehicle operators, it slims down to 0.04%. Novice drivers under the age of 21 are held to a stringent zero-tolerance policy. Surpassing these limits not only poses threats to road safety but also instigates severe legal repercussions.

  • Underage DWI Implications

The imposition of Maryland’s zero-tolerance policy towards underage drinking and driving dictates stern repercussions for individuals under 21 found driving with any measurable BAC. This stringent approach seeks to safeguard young drivers and others on the road, compelling underage individuals ensnared in DWI cases to seek proficient legal aid to avoid the potentially life-altering consequences that might unfurl.

  • Ignition Interlock Device Program

Maryland law also manifests a conscientious approach towards recurring DWI offenses and high BAC levels through the Ignition Interlock Device Program. Individuals found guilty of certain DWI offenses might be mandated to install this device, ensuring their BAC is under the permissible limit each time they drive. The nuanced legalities and obligations revolving around this program necessitate the discerning guidance of our experienced DWI lawyer, ensuring compliance while safeguarding clients’ rights.

The Different Levels Of DWI Charges

We know that facing a DWI charge in Maryland can be overwhelming. The state categorizes DWI charges based on factors such as the level of intoxication, prior offenses, and any aggravating circumstances. Here’s a breakdown of the different levels of DWI charges you might encounter.

  1. First-Time Offenders. A first-time DWI offense typically involves a blood alcohol content (BAC) of 0.08% to 0.14%. Penalties may include a fine, license suspension, probation, or even jail time. If you’re facing a first-time charge, our attorney can help you understand your rights and potential defenses.
  2. Aggravated DWI. If your BAC is 0.15% or higher, or if there were aggravating factors such as having a minor in the vehicle, you may face an aggravated DWI charge. The penalties for aggravated DWI are more severe, including longer license suspension, higher fines, and longer potential jail sentences. It’s important to have our legal team to advocate for you in these cases.
  3. Repeat Offenders. Repeated DWI offenses carry more severe penalties in Maryland. For a second offense, you could face mandatory jail time, longer license suspension, higher fines, and possibly the requirement to install an ignition interlock device on your vehicle. Penalties increase with each subsequent offense, and having our lawyer can make a significant difference in reducing the impact on your life.
  4. DWI with Injury or Death. If a DWI results in injury or death, the charges are significantly more serious. You could face additional charges such as vehicular manslaughter or vehicular assault, with penalties including lengthy prison sentences, substantial fines, and a permanent criminal record. Seeking legal representation immediately is crucial in these cases.
  5. Commercial Driver’s License (CDL) Holders. For CDL holders, the standards are stricter. A BAC of just 0.04% can lead to a DWI charge. Penalties may include disqualification from operating commercial vehicles, even for a first-time offense. The impact on your livelihood can be severe, making it essential to handle these cases with the help of our experienced attorney.
  6. Underage DWI. Maryland has a zero-tolerance policy for drivers under 21 with any detectable alcohol in their system. Penalties for underage DWI include fines, license suspension, and mandatory alcohol education programs. An underage DWI conviction can also have long-term effects on college admissions, employment opportunities, and insurance rates.
  7. Administrative Penalties In addition to criminal charges, a DWI can lead to administrative penalties from the Maryland Motor Vehicle Administration (MVA). These penalties include automatic license suspension, mandatory alcohol education or treatment programs, and the installation of an ignition interlock device on your vehicle. You have the option to challenge these penalties, but the process is time-sensitive, so consulting with our attorney promptly is important.

Dealing with a DWI charge in Maryland is serious, regardless of the level of the charge. At The Law Firm of Frederick J. Brynn, P.C., we’re here to guide you through every step. If you or someone you know is facing a DWI charge, reach out to us today for a consultation. We handle both criminal defense and personal injury cases, so we’re uniquely suited for the task at hand. We’re here to help you protect your future. Reach out to our MD DWI lawyer today for help.

The Law Firm of Frederick J. Brynn, P.C., MD DWI Attorney

922 Pennsylvania Avenue SE, Suite 100 Washington, DC 20003

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“Mr Brynn did a good job but i was told my case would stay open because a bill was paid out of my settlement that shouldnt have been paid. But he did such a good job that once again I’m using his services”
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