FAQS about DUI in Rockville

Aggressive Representation You can call at any time to ask about the progress of your case.

Credentials

FAQ

We will make sure that the State can prove all of the elements of the case. We are entitled to all reports that are favorable to your defense and the identity of all witnesses who may testify against you. We frequently review a videotape prior to going to court. Most prosecutors will allow us to watch the videotape before we go to court, and we can usually obtain a copy from the police with an Open Records Act request. These tapes are very helpful in the defense of a case.

We are entitled to contest certain aspects of the case prior to a trial. We use motions to suppress evidence that has been gathered illegally. In some cases, a granting of a motion or the presentation of a motion to the State will cause them to reduce the charges. We do whatever we can to win the case before we go to trial. In the event that a trial is necessary, we know the expert witnesses who can testify about the field sobriety tests or chemical tests. We can make no promises except one: There is a 100% chance that you will be found guilty if you plead guilty.

IMPORTANT NOTE: If you took a test and the result exceeded .08 (all others) or if you refused the test, you must call me as soon as possible so that your privilege to drive is not taken away before we ever set foot in the courtroom.

Your driver’s license can be suspended before your criminal case is resolved. It is possible to suffer a suspension of your license and then be found not guilty at trial. There are two ways to have your license suspended before you are convicted of DUI.

“Per Se” is the blood alcohol level above which it is illegal to drive even if you are not less safe. The illegal act is simply having that specified amount of alcohol in your body. The level IS 0.08 grams.

Following the arrest and test or refusal, the officer is supposed to submit a sworn report to the Department of Public Safety to initiate an administrative license suspension hearing. This process is separate and distinct from the criminal hearing. The “only” penalty is loss of your privilege to drive; no criminal penalties can be imposed in the administrative license suspension proceeding. The Administrative hearing is conducted by the Office of State Administrative Hearings. If you either refuse to take the test or register a "per se" alcohol level, you have ten business days to request an administrative hearing. If you do not request the hearing with ten business days, the following penalties apply:

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