Law Office of Gary H. Gerstenfield

Aggressive, Affordable Legal Defense

8720 Georgia Avenue, Suite 301 | Silver Spring, Maryland 20910
Prince George's and Montgomery Counties & Surrounding Areas
Free Consultation: (301) 589-9500

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Arrested for DUI

AVVO Top-Rated Attorney 2014

AVVO is one of the country's most reputable and trusted lawyer review firms. The Law Offices of Gary H. Gerstenfield is proud to be rated 10/10 by AVVO for their successful record in DUI defense, and for their positive feedback from clients.

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Maryland DUI Lawyer

You've Been Arrested for DUI: Do You Need a Lawyer?

Yes. If you've never faced a DUI or DWI charge in Maryland, then you cannot truly understand the seriousness of the charge. There were times when being arrested for drunk driving was not a major issue, but times have changed, and now a single conviction could greatly impact your life, as well as the lives of your family members.

Without an experienced DUI attorney, you will be treated as a common criminal, and will be subjected to all of the harsh penalties with no chance of walking away from your mistake. Many people feel as though there is nothing that can be done once they have been arrested for a DUI, and that it is not worth paying an attorney. This is ABSOLUTELY not true! As discussed below, there are numerous defenses for DUI cases, and/or there are ways to minimize the impact a DUI could have on your life. Without an experienced attorney, you are wasting all of these opportunities.

In the end, the monetary costs of not hiring an attorney greatly exceed the costs of hiring one. If you are convicted, the average costs of all the penalties (including alcohol programs and increased insurance premiums) averages about $10,000; whereas the average cost to hire an experienced DUI attorney is about $1000.00. Additionally, if your job requires a vaild Maryland drivers license, your entire lifestyle could be taken from you.

**IMPORTANT: Once arrested for a DUI or DWI, you have 10 days to request a Maryland Motor Vehicle Administration hearing.

Ways in Which We Can Win Your DUI Case.

  • Did the officer have reasonable suspicion to pull you over?
  • Is there explicit proof that you were the driver of the vehicle, or that you were “in control” of the vehicle?
  • Did the officer search your vehicle improperly ?
  • Was your blood-alcohol test administered within the required time period?
  • Was a proper chain of custody established during the collection and testing of your blood sample?
  • Were you advised of your rights regarding the breathalyzer examination?
  • Did the officer follow the proper procedures outlined by the National Highway Traffic Safety Administration (NHTSA)
  • Did you have a physical or mental ailment that prevented you from being able to pass a field sobriety test?
  • Were the “symptoms of intoxication” caused by embarrassment, frustration, allergies, or fatigue?
  • Upon being arrested, did the officer attempt to elicit incriminating responses from you before advising you of your Miranda Rights?

Can a Lawyer Have Your DUI, DWI, or DUI/Drugs Case Dropped?

Yes!. Upon being hired, we thoroughly evaluate all the evidence in your case. If we find strong evidence that will likely lead to a not-guilty verdict at trial, we will speak with the local prosecutors and convince them that it would not be worth their time and money to go to trial. We would never talk to them regarding any evidence that they could possibly prepare to counter, however. In DUI cases, most "evidence" consists of mistakes that were made by law enforcement or other agencies - these mistakes cannot be reversed.

Given our reputation for being "heavy-hitting" trial lawyers, most local prosecutors will not proceed to trial against us unless the evidence against our client is very strong. We have been very successful in convincing prosecutors to drop DUI cases, or to offer a plea bargain that requires no jail time what so ever.

What if The Evidence Against Me is Strong?

Even if the evidence against you is strong, we are always fully prepared to fight vigorously for you. We've found that jurors are not as eager to convict DUI defendants as compared to other types of cases, simply because they too have likely driven under the influence at some time. During our 20 years of experience, we have learned ways to convince jurors that a finding of guilty is not the best solution to our client's unfortunate mistake. In order to give the jurors legal reasons to find our clients not guilty, we will "punch holes" in the prosecution's case, thereby creating reasonable doubt.

There are times, however, when the evidence is overwhelming, and acquiring a reasonable plea bargain is the best course of action. Without an attorney, it is unlikely that the prosecution will offer you such a deal because they have nothing to lose. If they know that you are represented by an attorney that is willing to fight through a trial, however, they are much more inclined to work out a plea that is acceptable to avoid the time and expenses of going to trial.

DUI/DWI First Offense: Probation Before Judgement

If you have no prior DUI convictions, you may be eligible for a Probation Before Judgement (PBJ). If granted a PBJ by the judge, he or she will establish a set of conditions you must follow during a period of probation. If you successfully complete the probationary period, the judge will find you NOT GUILTY. This means that you can honestly say that you have never been convicted of a DUI, and your auto insurance will not be increased. Additionally, you can have the DUI/DWI arrest expunged, meaning that there will be no record of your arrest.

 

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Serving Montgomery County, Prince George's County, and surrounding counties.