Do You Really Need a DUI Lawyer for a First Offense?

 Posted on January 27, 2025 in DUI

In 2022, the state of Maryland experienced more than 150 fatalities related to impaired driving, with a significant share of those occurring in Southern Maryland. Weekend nighttime hours remain the most dangerous for impaired driving incidents, both in Maryland and across the nation. Being arrested for DUI can be extremely stressful, anxiety-inducing, and frightening. You may not be sure exactly what you are facing as far as penalties are concerned, and you may not know whether you have a good defense to the charges.

While you may think that it is not necessary to hire a DUI lawyer for a first offense, this is not the case. There can be some fairly severe legal penalties, along with collateral consequences, even for a first DUI. Having an experienced attorney ensures you receive a strong defense that could potentially have your charges lowered or dropped entirely. Contact an experienced Silver Spring, MD DUI lawyer who can answer all your questions and determine whether the facts surrounding your case could qualify for a reduction in charges or sentencing.

What Are the Penalties for a First-Time Maryland DUI?

If you are convicted of Driving Under the Influence (DUI with a BAC of 0.08 percent or higher), you could be sentenced to a fine as large as $1,000 and up to a year in jail. Twelve points will be assessed on your driving record, and you could have your driver’s license revoked for up to six months.

In some cases, you could be required to participate in an alcohol abuse assessment program. Driving While Intoxicated (DWI with a BAC of 0.07 percent or higher) is the lesser charge. A first-offense conviction of DWI can result in a fine as large as $4500 and up to two months in jail. You will have eight points added to your driving record and could have your driver’s license suspended for up to six months.  

How a Lawyer Can Help You with a First DUI

When you hire a lawyer to help you with your DUI charges, you can expect him or her to go through the facts and circumstances of your arrest to determine the answers to the following questions:

• Was there probable cause for the officer to pull you over?
• Can the credibility of the officer be impeached?
• Was the breathalyzer machine properly calibrated and maintained?
• Was the officer who administered the breathalyzer properly trained and certified?
• If you had a blood draw, was it administered by a qualified person in a medically acceptable manner?
•  If you refused a chemical test, were you properly informed by the officer about the consequences for refusal?
• Were your constitutional rights violated following your arrest?

If any evidence in your case was illegally obtained, your attorney can file a motion to suppress it and exclude the evidence. Without sufficient evidence, the prosecutor may be forced to reduce or drop the charges. If everything was done by the book and you are convicted of DUI, your attorney can negotiate with the prosecutor for reduced penalties, including no jail time. Primarily, your DUI attorney will fight for you from start to finish while helping make the process less frightening and stressful.

It is extremely easy to make an inadvertent mistake when you do not have a DUI attorney that can potentially make the penalties in your case much harsher. When you are going up against a highly trained prosecutor with virtually unlimited resources – where you will not be given a single break for your lack of legal knowledge – the only good choice is to have an experienced legal advocate on your side.  

Contact a Montgomery County, MD DUI Lawyer

Having a Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC. ensures you will receive an aggressive, knowledgeable defense for your DUI charges. Our attorneys are available 24/7 for your convenience. We understand your situation and provide compassionate yet zealous representation. Our good relationships with prosecutors will benefit you, and we are fluent in Arabic and Spanish. Call 301-589-9500 to schedule our free consultation.