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If you have been arrested in Maryland for a DUI, criminal defense lawyer Asher Weinberg has a long history of successfully representing his clients.

You can get convicted of drunk driving three different ways in Maryland.

  1. You can be convicted of the “A” if the State can prove that your breath test was a .08 or over (DUI Per Se);
  2. Or, if you were so impaired it made you unsafe to drive. (DUI.)
  3. You can be convicted of the “B” if the State can prove that alcohol affected you in some way. (DWI).

Most “DUI attorneys” will tell you that, through their knowledge and hard work and reputation, they will be able to get the State to offer you the lower charge, the “B.” Except in most cases, the State will offer you the “B” no matter who your criminal defense attorney is. You will also likely get a PBJ sandwich, but that also is standard on most first offenses.

However, whether it’s the A or the B, you are still pleading to a drunk driving charge, with all of the current and future consequences. Did you know your car AND your homeowner’s insurance can be raised because of your plea? Your employer will still be able to see your charges on Maryland Case Search? Forever. You can never get the conviction off your record. Canada can deny you entry. You can never have the conviction expunged. Your easy plea to the B will be on your record forever. Your attorney getting you to plead guilty to the B sounds good…for your attorney.

Would you buy the cheapest car seat for your kid, or just the first one you spoke to? When something can effect your life for years to come, isn’t it worth your time to talk to me? Can you afford not to?

What are my rights during a DUI/DWI field sobriety test?

Driving after drinking is not against the law in Maryland, however, if stopped, you WILL be treated like a criminal. If the officer detects the odor of alcohol on you, he or she will ask you to step out of the car. The Officer will then “ask” you to take a series of “field sobriety tests” to see whether you are safe to drive or not. This is a lie. The Officer has already determined that you are probably impaired. He or she will administer an eye test on you and will arrest you based on this one test. The other two tests are designed solely to gather evidence to arrest you.

You should NEVER agree to take these “field sobriety tests” if you have been drinking. Even though the officer did not offer these exercises as an option, you can and should refuse to take these tests. Why give evidence against yourself at this point? Because these tests are designed for failure, and you WILL be arrested, no matter how well you perform.

The next test is the preliminary breath test. The officer will tell you that this test is optional. It is. But this is the test that you SHOULD take. If you blow low enough, the officer may let you go, unless drugs are suspected. The results of this test cannot be used in court against you.

When you get down to the police station, you will be advised of your rights to refuse the evidentiary breath test. You will also be advised of the consequences to your driver license if you refuse.

Choosing the right DUI Attorney

My advice to most of my clients is that you should NEVER refuse to take this breath test. Take the test. This is where you see will see the difference between attorneys who defend DUI cases. I WANT you to take the test. It is better for your driver’s license. And with the right DUI Defense Attorney, you can still win at trial.

Choosing the right attorney to represent you is even more important for a Drunk Driving charge than it is for most other cases. You should talk to a few attorneys. Do not just hire the cheapest one. Or the one your friend recommended because the attorney got the State to reduce to a different drunk driving charge. When you interview the attorneys, ask them the following three questions:

  1. How many DUI cases have you taken to trial in the past year? (Some other attorneys will actually try a DUI case.)
  2. How many of those trials involved a breath test over .08? (Most attorneys do not know you can take these to trial.)
  3. How many of those were you able to keep the breath test out at trial? (Only a few of us actually know you CAN keep the test out.)

This is why I am different than most other “DUI attorneys” in Maryland.

Contact Asher Weinberg, Silver Spring DUI Lawyer

I have been successful in keeping the breath test out at trial almost 100% of the time. The few times it has come in, he has been successful in challenging the accuracy of the test. I have taken DUI Per Se cases to trial and convinced the Judge that his client was not guilty of ALL forms of drunk driving.

I also handle those who have been accused of drunk driving while using a Commercial Driver’s License (CDL). If you have a Commercial Driver’s license, whether you were driving a commercial vehicle or not, you have other consequences to worry about, including loss of your CDL for one year, or possibly for life.

A conviction for ANY drunk driving charge can have long-standing and serious consequences, even if the Judge gives you that PBJ sandwich. You need an attorney who has the experience and the willingness to fight your case for you, even by taking it to trial. Contact me today for a free consultation regarding your case.

The Law Offices of Asher Weinberg is located in Silver Spring and provides DUI defense throughout Maryland including Montgomery County, Prince George County, Howard County, and Anne Arundel County.