What’s the Difference between a DUI charge and a DUI conviction?

DUI ChargeDifference between a DUI charge and a DUI conviction

There’s a misconception that being charged with a DUI is the same as being convicted of DUI. If an officer pulls you over on the suspicion of being intoxicated and you are arrested, you have been charged with a DUI but you have not been convicted in a Court of law. If you have been charged with drunk driving you are facing serious consequences negatively impact your life. But, you can fight the charges you are facing and, with the help of an aggressive, experienced DUI defense attorney you may be able to win your case and avoid a costly DUI conviction. Here are some of the defenses your lawyer can use in court.

  • Field Sobriety Tests- There are many issues surrounding Field Sobriety Tests that can provide several potential defenses for your lawyer to use in court. FSTs are often misinterpreted, meaning the results aren’t an accurate depiction as to whether or not you’re intoxicated. When it comes to a field sobriety tests, it is often almost impossible for you to “pass” meaning that, if you participate, you’ll more than likely be charged with a DUI.
  • Breathalyzers- While typically considered more effective than FSTs when it comes to determining your BAC, a breathalyzer isn’t a perfect science. Breathalyzers are subject to error for many reasons. One of the biggest issues is that it doesn’t necessarily distinguish between ethyl alcohol (the type found in alcoholic beverages) and alcohols in the methyl group which is a huge distinction. Breathalyzers can be thrown off simply by what you had for lunch, depicting a higher than actual BAC level. What’s more diabetics and people who suffer from GERD can also show false levels due to their physical conditions.
  • Blood and Chemical Tests- While more accurate in determining the amount of alcohol in your blood, these tests also have their own shortcomings. Mishandling a blood sample can cause it to coagulate, congeal or decay which will taint any results. What’s more is the sample can be contaminated by the alcohol swab used to clean the area before they take the blood sample causing a false reading.  

While these are some of the more basic defenses they are, by no means, the only ones. Being charged with a DUI doesn’t necessarily mean that you’re going to be convicted. However, from the moment you get pulled over, you have a limited amount of time in order to prepare for your day in court. The first thing you should to do is to hire the most experienced DUI defense attorney you can afford. The attorney’s at Alpert Schreyer are well versed in Maryland DUI law, as well as the various defenses for DUI charges. A DUI charge, while not a conviction, is still a very serious issues that needs to be addressed as soon as possible. Contact the experienced drunk driving defense attorneys at Alpert Schreyer for a no cost consultation today.

About Andrew Alpert

+Andrew is one of the leading DUI and criminal defense attorneys in both the state of Maryland and the District of Columbia. He blogs about Maryland DUI law, has numerous videos on the subject and has been asked to appear on national television to offer his legal opinion on high-profile criminal cases.