Chestertown OUI Attorney, Near You

While OUIs (operating under the influence) are common in Maryland, their defense is highly specialized and distinct from defending any other type of allegation.

With Archey Law, you’ll have an aggressive criminal defense attorney on your side every step of the way.

Chestertown OUI Attorney

Maryland is home to lots of water, and with so many boaters and vacationers, OUIs are very common. Since it’s often easier to get an OUI than a DUI, you may have no clue how to handle the charge.

How does Archey Law handle / attack OUI cases?

At Archey Law, we like to evaluate each OUI case in a linear fashion. We begin by making sure that the officer abided by the law throughout their interaction:

First, we speak with you about why you were stopped and why the police officer came into contact with you. This is a 4th Amendment evaluation to determine whether the police officer had a reasonable purpose for being in contact with you. If there was legitimate purpose, we move onto the next stage.

Second, we find out what the police officer did. What did you say to the officer? What questions did they ask you? What did they ask you to step out of the car? Did they tell you they smelled the odor of alcohol? Did you tell them that you had consumed any?

Third, we will ask about the tests. Often, people analyze how they performed on the test to determine how it went. What they don’t realize is that police officers are trained to pick up on the most minute details. The police often have very strict interpretations of what they want you to do and what they’re asking you to do. We’ll then review whether they were properly instructed to take the breath alcohol concentration tests, as well as if and when they made statements in custody.

Lastly, we ask if you’ve attended any treatment programs, if that is something that needs to be addressed.

What sets you apart from other Chestertown OUI attorneys?

As a boater and fisherman, I understand OUI cases better than most attorneys. I speak the language and have had extensive experience working with the Department of Natural Resources police. As a result, I’ve prosecuted countless OUI cases in the Eastern shore.

OUI Frequently Asked Questions


What is an OUI?

An OUI (operating under the influence) is essentially a DUI on the water. Most often, a person is intoxicated and operating a boat or jet ski on navigable waters. An OUI holds the same standard as an alcohol-related driving offense.

What are the consequences of an OUI?

The consequences of an OUI are basically the same as a DUI. There are two different levels; a year in jail or 60 days with the related fines.

What are some of the most common questions regarding OUIs?

The first is, “can they take my boat for this?” The answer is no. At least not in normal circumstances.

People will often ask if an OUI will affect their driver’s license. The answer is a bit more complicated since there are ramifications under certain circumstances, which may be unique to each individual.

Many people also get concerned that they may not be able to go out and enjoy themselves on the water again. Especially if it was your first OUI, you were most likely just having fun & not trying to hurt anybody. A serious citation from a police officer can potentially take away your freedoms, but there are ways you can return to the water and enjoy it responsibly. Don’t drink too much alcohol, and don’t be a menace to others.

About Archey Law

Just because you’re charged, doesn’t mean you’re a criminal.

Each of us can find ourselves in a situation with the law. Do we want to be viewed as a criminal? Of course not.

Just because you’ve been charged with a DUI, BUI, traffic violation, assault charge, drug charge, or any other kind of criminal offense does NOT mean YOU are a criminal.

Each day as an attorney I’ve reflected on the reality that any person could find themselves charged with a crime they never thought they would commit.

Helping good people in their darkest hour - this is why I practice law.


What is a DUI?

In Maryland, there are two different types of alcohol driving offenses.

The first is the 21902A statute, known as a DUI (driving under the influence of alcohol). Within that one statue, there are several variations:

1. A DUI per se, happens when you get pulled over and fail to pass the test(s). When this happens, you go back to the barracks to give a breath alcohol concentration test or submit a breath alcohol concentration sample, yielding a result of over the legal limit: 0.08. This is what’s called per se, because the test stands on its own, showing you were intoxicated to that level. That is the highest level DUI offense we have in Maryland. The penalty is a year in jail and a thousand dollar fine for the first offense.

2. The next is a general DUI, when you’ve been pulled over for driving erratically. In this case, you have failed the field sobriety tests miserably and potentially didn’t give a breath sample at the barracks. The police can take the totality of these circumstances and present them to the court. The court may find that you were intoxicated enough to meet the higher level of a 21902A DUI.

The second is the general 21902B, commonly known as a DWI (driving while impaired). This is often more difficult for the state to prove and typically carries less penalty: 60 days in jail and a $500 fine.

With a DWI, you were mostly likely pulled over, did marginally on the roadside field sobriety test, and did not submit a breath sample at the barracks after being taken into custody. When the prosecutor presents their case, they rely strictly on the roadside test to show that you were impaired to some degree. It’s not a high burden to meet, but the state can prove their case beyond reasonable doubt using those words, sight tests, police officer’s statements, experience, testing credentials, and such.

What are the consequences of a DUI?

For a DUI, the consequence is a year in jail and a $1000 fine, for the first offense. If you’re a subsequent offender, penalties can vary from two to three years in jail, depending on your number of prior offenses.

A DWI carries a standard 60 days in jail and a $500 fine.

If you are convicted of these offenses, we always mitigate for probation, or something significantly less than the maximum fine.

What sets you apart from other BUI attorneys?

As a boater and fisherman, I understand BUI cases better than most attorneys. I speak the language and have had extensive experience working with the Department of Natural Resources police. As a result, I’ve prosecuted countless BUI cases in the Eastern shore.

Why choose Archey Law for hunting and fishing cases?

I’m both a hunter and a boater and have had experience prosecuting all types of hunting and fishing cases. Having lived in MD my whole life, I’m a local. Unlike just any attorney, I’m familiar with the areas, prosecutors, and the Department of Natural Resources Police.

What makes us different

Legal Expertise

At Archey Law, we fight for you. With a legal expert on your side, gain confidence as we find the best possible outcome for your case.

Direct Communication

When you contact, you won’t be passed along the chain. Speak directly to your lawyer, every time. Call, text, or email and we’ll respond within 24 hours.

Track Record of Success

Having worked in both prosecution and defense, we know the law from each side. We help you navigate the law and achieve the best possible results.

Local Attorney

Get unparalleled advantage in the local, legal area. Our founder, Yves Archey, has lived on the eastern shore his whole life. He is intimately familiar with the local geography and legal culture, giving you the best possible defense.

How it works:

Text, Call, or Email Us

Send us a message in whatever way that’s most convenient. You will receive a response from us within 24 hours.

Schedule a Consultation

We will schedule a time to meet or connect for a call. During this consultation, we’ll learn more about the details of your case and give you legal counsel.

Get a Plan

We will give you a plan to achieve the best possible outcome in your case.

202 Tamarack Rd
Chestertown, MD 21620

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