Rockville, MD Multiple DUI Lawyers

Aggressive Criminal Defense Attorneys for Repeat DUIs in Rockville, MD

Getting a single DUI is often written off as a relatively nonserious mistake. While the consequences of a first DUI can be extremely unpleasant, most people are able to return to their lives with minimal lasting harm after one drunk driving incident. If you are charged with a second or third DUI, you can face much more serious penalties, like multiple years in jail or a long-term revocation of your driver's license. When you are facing your second, third, or subsequent DUI, you need a highly experienced Maryland DUI attorney to protect your future.

Diamant Gerstein, LLC aggressively represents people who are facing repeate DUI charges. If you have already had at least one DUI, you will probably feel like you have been presumed guilty before having a chance to defend yourself. Your recent arrest and your past convictionn were completely separate incidents and should be treated as such. Our lawyers will strive to find the best possible criminal defense strategy for you.

Is a Second DUI a Misdemeanor or a Felony?

Whether you are facing a misdemeanor or a felony charge depends on several factors. If your first DUI was less than ten years ago, you can automatically be charged with a felony this time. You might also face felony DUI charges if there were any aggravating circumstances, such as a B.A.C. over 0.2% or an injury to another person.

A third or subsequent DUI is very likely to be charged as a felony no matter what.

What Are the Penalties for a Second and Third DUI?

The penalties for a second DUI include:

• Up to two years in jail or prison.
• A driver's license suspension lasting between 180 and 270 days.
• A fine up to $2,000.
• Court-ordered alcohol or drug treatment.

If this is your second DUI within 5 years, you must be sentenced to at least 5 days in jail and substance abuse treatment is mandatory. The penalties are steeper if you had a minor 14 years old or younger in the vehicle or if there were aggravating circumstances.

What Are the Penalties for a Third or Subsequent DUI?

The penalties increase greatly for a third or subsequent DUI. A third DUI carries up to three years in jail, and courts become more likely to issue harsh sentences. By the third time a person is arrested for drunk driving, the court may believe that the defendant is a danger to the public. Subsequent DUIs carry even more potential prison time.

Your driver's license will likely be suspended for at least a year, and you may not qualify for a restricted license.

How Can a Lawyer Help if I Am Charged With a Repeat DUI?

All of the same possible defenses used in first-time DUI cases are still available. An experienced criminal defense lawyer might use strategies like:

• Suppressing chemical testing results - Blood and breath tests can be very unreliable when they are not administered according to a specific procedure, using properly-maintained equipment, and by a specially trained officer.
• Using a constitutional defense - The police must have had a lawful reason to pull you over other than a hunch or prohibited discriminatory reasons. If there was no legal reason for the traffic stop, all evidence stemming from it can be dismissed.
• Showing that your field sobriety test was unfair - Field sobriety tests are often used as probable cause to make an arrest. However, these tests are unreliable and often unfair. If you had a medical condition that might have influenced the results or were taking the test in adverse weather conditions, like high winds, the results might not be admissible.

Contact a Rockville, MD DUI Lawyer

Diamant Gerstein, LLC is committed to helping people who are facing a repeat DUI charge. Our experienced Rockville, MD DUI attorneys answer phone calls personally, so you can reach us 24/7 without having to go through a receptionist. Contact us at 301-560-2685 for a confidential consultation.