Frederick DUI Defense Attorneys

Protecting Your Rights After a DUI Arrest in Frederick, MD

DUI is one of the most common crimes people in Montgomery County are arrested for. It is quite easy to think that you are sober enough to drive when you are just over the 0.08% BAC limit. Part of the problem is that alcohol can impair your ability to determine how drunk or sober you actually are. Being slightly intoxicated can increase feelings of confidence and reduce your ability to accurately gauge the risk of driving home. Getting pulled over and asked to step out of the car for field sobriety testing comes as quite a shock to a lot of people.

If you have been arrested for driving under the influence, you need an experienced Frederick, MD DUI attorney to represent you. Getting arrested does not automatically mean that you will be convicted of a DUI. There is a lot our attorneys can do to try to prevent this, from challenging the results of your field sobriety tests to showing that there was no legal reason to pull you over. The Law Offices of Gerstenfield & Demirji, PC. will explore every possible option for preventing you from getting a DUI on your record.

Challenging Field Sobriety Tests

Field sobriety tests are nowhere near as scientific as the police would like you to believe. While they may seem like strong evidence in theory, in practice, there can be a lot of problems with how these tests are carried out. Some of the ways our lawyers might be able to challenge your field sobriety tests include:

• Showing that the weather interfered with your ability to pass - If you were pulled over during a snowstorm, had to take these tests while it was raining, or struggled against high winds while trying to balance on one leg, the weather might have had more to do with your results than your level of intoxication.
• Explaining a medical condition - A large variety of medical and mental health conditions can interfere with a person's balance or ability to follow directions in a highly stressful situation.
• Questioning the officer's procedure - State law dictates what types of tests can be used. Police officers sometimes use tests other than those allowed by law.
• Demonstrating an issue with the testing surface or your shoes - A person taking these tests on a muddy or rocky surface in high heels will not perform as well as someone testing on a flat surface.

Other DUI Defenses

Other types of DUI defenses you might have available include:

• Issues with the chemical tests - Just like field sobriety tests, chemical tests such as breath tests or blood tests are not perfect, especially if the police officer did not administer them perfectly according to the proper procedure.
• Constitutional rights issues - If you were pulled over without reasonable suspicion or arrested without probable cause, your rights might have been violated during the investigation or arrest.
• Involuntary intoxication - If you did not willingly become intoxicated, you are likely not liable for a DUI. For example, if you were given a date rape drug or served food you did not know contained THC you were not voluntarily intoxicated.
• You were not driving - You must have been in actual physical control of a motor vehicle to be convicted of a DUI. If you were in the backseat asleep, did not have the keys, or were in a parked vehicle on private property, you might not have been driving for the purposes of Maryland DUI law.

Contact a Frederick, MD DUI Attorney

The Law Offices of Gerstenfield & Demirji, PC. is highly experienced in DUI defense and has been recognized by Super Lawyers among other organizations. Our dedicated Montgomery County, MD DUI lawyers will do all we can to provide you with the best criminal defense possible. Contact us at 301-589-9500 for a complimentary consultation.