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Suffering a Personal Injury as the result of another parties negligence can be life changing. You may be entitled to compensation under the law. Learn more today.
If you have been charged with driving under the influence of alcohol or drugs (DUI, DWI, or DUID), you should get help from an experienced Maryland DUI attorney right away.
Have you been charged with a criminal offense? You need to begin building your defense immediately. The first step is to speak with a qualified Criminal Defense attorney.
People often feel uncomfortable about contacting a lawyer and are not sure what they should expect. At the Avid Injury and Criminal Defense Law Firm, we want to change that. We strive to make it less intimidating and more convenient for everyone to get the legal help they need.
We work with people in the Maryland, DC, and Virginia areas who have been injured because of someone else’s negligence or who have been charged with a crime. Every client receives our personal attention, which is often not the case for clients of larger law firms. We always keep the lines of communication open so that you know what is going on with your case every step of the way.
Prince Williams, Esq., our lead attorney, owner, and CEO, founded the Avid Injury and Criminal Defense Firm in 2014 to provide aggressive legal representation for people in the Maryland area who have been charged with DUIs or other crimes as well as people who seek substantial compensation for their injuries.
Our office is located in Bethesda, Maryland. When you need aggressive legal representation to fight a criminal charge or get the compensation you deserve for accident injuries in the Bethesda area or the D.C., Maryland, and Virginia (DMV) area, contact the Avid Injury and Criminal Defense Firm for the personalized help you need.
Being in trouble with the law is an overwhelming and intimidating experience. You may be feeling scared, anxious, frustrated, and deeply concerned about the consequences you may be facing. Having a criminal defense attorney to guide you through the criminal justice system can ease some of your stress and give you confidence that you’re in good hands.
To give you an idea of what to expect during the criminal process, we’ve provided a brief overview of the average case from a procedural standpoint.
The Arrest
If law enforcement has probable cause to believe you committed a crime, you will be arrested. While you are in police custody, they may try to get you to talk. It’s critical that you exercise your right to remain silent. Anything you say can and will be used against you. For this reason, politely state that you do not wish to answer any questions until you have a lawyer present.
Citation or Booking
If you are cited, the police will give you a piece of paper that states the date you must appear in court. If you are booked at the police station, you will have your photo and fingerprints taken. Your belongings will most likely be confiscated and you will be kept in a detention area.
Arraignment
Within 24 hours of your arrest, you will have your first court appearance or arraignment. At this hearing, the state’s charges against you will be read aloud and you will have the opportunity to enter a plea.
Bail Hearing
At your arraignment, a judge will make a determination of whether to set bail, release you on your own recognizance, or keep you in police custody. Bail acts as an “insurance policy” that you will appear at future court dates. In setting a bail amount, a judge takes several factors into consideration including the seriousness of the offense, whether you are considered a flight risk or danger to the community, and whether you have a history of skipping court dates.
If bail is set and you cannot afford to post it, then you are entitled to a bail review hearing. Criminal defense attorney Prince Williams can represent you at this hearing and advocate for a reduction in your bail. If a reduction isn’t granted he can help you find a bail bonding company.
Plea Bargaining
If you enter a guilty plea, the prosecutor may be willing to negotiate reduced charges or a lesser sentence in exchange for an admission of guilt. Mr. Williams will always act in your best interests and will always speak with you first before pursuing a plea deal.
Preliminary Hearing
If you were charged with a felony, you are entitled to a preliminary hearing before a judicial officer within 10 days of being charged. At a preliminary hearing, the prosecution will present the state’s evidence against you in an attempt to show that probable cause exists to charge you with the particular crime you are alleged to have committed.
Trial and Sentencing
In Maryland, there are two types of criminal courts: Maryland District Court and the Maryland Circuit Court. Most misdemeanors and some felonies are heard in the District Court which does not have a jury. More serious crimes are heard in the Circuit Court where a jury will deliver a verdict based on the evidence and testimony presented by both sides.
If you’ve been pulled over by the police and have been drinking, it’s important to remain calm. Here are the first vital steps you should take to protect your rights.
First
Use your turn signal to indicate your intent to pull over, come to a comfortable stop, and remain in the car
Second
Place your hands on the steering wheel and wait for the officer to approach your car
Third
When asked, provide your license, registration and insurance card to the officer
Fourth
Do not answer questions about whether you have been drinking, where you have been, where you are going, or if you take any medicines, etc. No matter how persistent the officer is, do not answer any of these questions. Politely respond with “I have nothing to say, officer
Fifth
If the officer asks if he/she can search your vehicle, politely say no. The 4th Amendment protects you from illegal searches and seizures. An officer is not allowed to reach into your pockets or open a locked glove compartment or trunk without your permission. The only way you or your vehicle can be searched is if the officer has a“specific articulable suspicion” that there is an illegal item present or can see it in plain view.
Sixth
Decline field sobriety tests”]An officer may ask you to step outside the vehicle to perform balance and coordination tests. They may use your performance on these tests as probable cause to arrest you. A criminal defense and DUI Lawyer may tell you that these tests are voluntary and almost impossible to pass. You will not be punished for refusing to participate in these tests.
Seventh
Decline to blow into a portable breath test (PBT) at the scene, you are not legally obligated to submit to a PBT.
Eigth
If you are arrested, you are legally obligated to take a breath or blood test at the police station. Opt for the breath test. This is less accurate than a blood test and easier to attack in court
Ninth
Write down everything you remember about what transpired. The more details you can provide, the better defense we can build
Last
Switch your social media platforms to private
The repercussions of a Drunk Driving conviction varies from case to case but some of the most common penalties imposed include:
Given the seriousness of penalties that can result from a DUI conviction, it’s important to consult a qualified criminal defense and DUI attorney.
What is the Difference Between a DUI and DWI?
Under Maryland law, drunk driving can be charged with driving under the influence (DUI) or driving while impaired (DWI).
Driving Under the Influence of alcohol (DUI) is the more serious crime and requires either a breath test result of 0.08% or higher (“DUI Per Se”) OR a finding that the alcohol you consumed substantially impaired your normal coordination.
Driving While Impaired (DWI) is the less serious crime and can be charged if your BAC was between 0.07 and 0.08% OR a finding that the alcohol you consumed impaired your normal coordination to some extent.
DUI Penalties
First offense
Second offense:
Third or subsequent offense:
DWI Penalties
First offense
Second offense:
Third or subsequent offense:
If you refused to submit to a breath test when you were arrested, and this is your first offense, your license might be suspended for
120 days or you might have an interlock fitted on your vehicle for one year. If this was your second offense and you refused the test,
your license, your license might be suspended for one year. Ge a hold of our office for thorough criminal defense and DUI representation.
In order to prevent losing your license on the 46th day, you must request a hearing with the Maryland Motor Vehicle Administration (MVA)
within 10 days following the date of your arrest. Failure to request a hearing results in an automatic suspension of 120 days
Alternative Sentencing For DUI and DWI
If this is your first DUI or DWI offense, or you’ve been without a prior for the last 10 years, you may be eligible for a probation before judgment (PBJ). This means that instead of being convicted, you would get a “slap on your wrist.” A judge will put you on probation and ask you to participate in either alcohol rehabilitation classes, MADD Impact panel, community service, and/or driving school. Once you successfully complete probation, the offense can be expunged three years after the date of your arrest.
Criminal Court & The MVA
After your DUI or DWI arrest, you will face two separate proceedings: a criminal hearing in a Maryland District Court where a judge will determine your guilt; and an administrative hearing conducted by the Maryland Motor Vehicle Administration to assess whether you should have your license suspended or revoked. For the best result, you’ll need to involve a criminal defense and DUI attorney as early as possible.
How to Avoid a License Suspension
After a DUI arrest, the clock starts ticking on your ability to save your driver’s license. The citation you were given by the police officer is a temporary license for 45 days. Get ahold of our office for experienced criminal defense and DUI representation.
No matter how hopeless your case may seem, there are a number of defenses available that can lead to a positive outcome in your case.
Attack Constitutionally of Traffic Stop and Arrest
Law enforcement must adhere to strict rules, procedures, and regulations from the time they pull you over through your arrest. As experienced criminal defense and DUI attorneys, believe it or not, there are many instances in which police officers make mistakes that can ultimately result in getting a DUI case thrown out.
The first line of criminal defense and DUI strategy is to challenge the legality of the traffic stop. The police officer must have had reasonable suspicion to believe that you committed a crime when he/she pulled you over. If the stop that resulted in your DUI arrest was not legal, the evidence
collected during the course of the investigation is not admissible in court.
Contrary to what you may have heard, breathalyzers are not foolproof indicators of intoxication. A criminal defense and DUI lawyer knows that just because you blew over the legal limit, doesn’t necessarily mean you are guilty. There are many factors that can trigger a false positive, such as:
Question the Validity of the Breath Test
Contrary to what you may have heard, breathalyzers are not foolproof indicators of intoxication. A criminal defense and DUI lawyer knows that just because you blew over the legal limit, doesn’t necessarily mean you are guilty. There are many factors that can trigger a false positive, such as:
Challenge the Blood Test Results
Contrary to what you may have heard, breathalyzers are not foolproof indicators of intoxication. A criminal defense and DUI lawyer knows that just because you blew over the legal limit, doesn’t necessarily mean you are guilty. There are many factors that can trigger a false positive, such as:
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Read our tips, articles, and information to help you protect your family and be safe.
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Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.