DUI / DWI Attorney in Annapolis & Baltimore, MD

DRUNK DRIVING DETECTION

Factors that influence an officer’s decision to stop your vehicle, arrest and charge you with DUI/DWI include his observations concerning your driving, behavior and coordination.

THE STOP:

· TRAFFIC ENFORCEMENT

A minor traffic infraction can serve as a valid basis for the stop of your vehicle by police.  The possibility that you would be stopped at 2 o’clock in the afternoon versus 2 o’clock in the morning for the same traffic violation is highly doubtful.  During the normal course of driving we sometimes make wide turns, cross the shoulder line, turn without signaling, and exceed the speed limit.  However, officers on patrol for DUI/DWI detection view these infractions as an indication that the operator of the vehicle has been drinking and their ability to drive safely is affected.

· SOBRIETY CHECKPOINTS

In order to stop your vehicle at sobriety checkpoints, police must follow specific guidelines and procedures.  Approaching drivers must be given adequate warning there is a roadblock ahead, and that warning is required to be posted in a conspicuous place giving an approaching driver the opportunity to avoid the checkpoint.  If you wish to avoid a checkpoint, turn around at your first opportunity.  Avoiding a sobriety checkpoint in this manner cannot serve as a basis for police to stop your vehicle!  However, be aware that action may cause an officer to follow  you!  Drive carefully!

PROBABLE CAUSE TO ARREST:

· MAKE NO ADMISSION TO DRINKING OR DRUG USE!

Whether you’ve been stopped as a result of a traffic infraction or at a sobriety checkpoint, once an officer detects the odor of an alcoholic beverage about your person or on your breath during this initial contact phase, he or she is going to ask if you’ve had anything to drink.  MAKE NO ADMISSION TO DRINKING!  Although it is not illegal to have a drink and drive, any admission you give to an officer about how much you’ve had to drink can be used against you, and will certainly be considered by the officer in making a determination to arrest.  MAKE NO ADMISSION TO DRUG USE!  It is not illegal to use a prescribed drug and drive, but if that drug use impairs your ability to operate a motor vehicle safely, or if you use a drug in combination with alcohol and that use affects your ability to drive, your admission will likely result in your arrest.

· DO NOT SUBMIT TO FIELD SOBRIETY TESTS! 

Once the odor of alcohol is detected, the officer is going to ask you to step from your vehicle and submit to sobriety testing.  Initially, he wants to observe your coordination:  your physical ability to exit the vehicle without assistance;  your ability to walk and stand without leaning on the car for support;  and your ability to walk without staggering or stumbling.  You will then be asked to walk to the rear of your vehicle and perform field sobriety tests.  NEVER SUBMIT TO FIELD SOBRIETY TESTS!  An officer is not required to tell you that you can refuse to perform these tests!  Most people cannot properly perform and pass these tests when they have not been drinking!  They are administered late at night or in the early morning hours when we are tired.  They are given on the side of the roadway with the stress of a police officer watching, the flashing lights of his car distracting you, and moving traffic passing by.  These tests can consist of being asked to track a pen being held before your eyes, being asked to walk in a heel-to-toe fashion on an imaginary or stationary line, being asked to stand on one foot and count aloud, or being asked to recite the alphabet from the letter “d” to the letter “r”.  We have been trained and certified in the proper administration of field sobriety tests by the National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP), the same training and certification required for police officers!  Unless you have been properly trained how to perform these tests, you’re not going to pass them!  TELL THE OFFICER YOU WANT TO COOPERATE, BUT WILL NOT SUBMIT TO FIELD SOBRIETY TESTING!

 

  · DO NOT SUBMIT TO A PRELIMINARY BREATH TEST!

You may be asked by an officer to submit to a breath test while detained at the roadside.  This is a “preliminary breath test”, not the test you will be requested to take if you are arrested!  This is not an evidentiary breath test that can be admitted against you at trial.  There is no court penalty or administrative sanction imposed against your driving privileges for refusing this test!. Its only purpose is to assist the officer in gathering evidence to arrest and charge you with DUI/DWI.   DO NOT SUBMIT TO A PRELIMINARY BREATH TEST!

THE ARREST:

Once arrested, you have a Constitutional Sixth Amendment right to consult with an attorney.  That means the first thing you should do when an officer formally places you in custody, usually that means putting you in handcuffs, is IMMEDIATELY REQUEST TO SPEAK TO AN ATTORNEY! 

· SHOULD YOU SUBMIT TO A TEST FOR ALCOHOL CONCENTRATION?

The type of test to be administered to a person arrested under suspicion of DUI/DWI to determine alcohol concentration is a breath test.  If that person is unconscious, incapable of refusing to take the test, has suffered injuries that require transporting to a medical facility, or the breath test equipment is unavailable, a blood test is then administered.  The test utilized in Maryland to determine drug or controlled dangerous substance content impairment is a blood test.

In 1986, Gill Cochran challenged the constitutionality of the Maryland State Police’s refusal to allow him a face-to-face consultation with his client who had been arrested for DUI/DWI and to administer his own breath test before advising that client whether he should submit or refuse the State administered breath test.  Maryland’s highest appellate court, the Court of Appeals, agreed with Gill Cochran and ordered that an individual arrested under suspicion of drunk driving has a Constitutional Due Process right to consult an attorney prior to deciding whether to submit to a police administered breath test.  When charged with a drunk-driving offense, it is critical that you consult with an attorney before submitting to a breath or blood test to determine alcohol concentration. 

Police officers are required by law to properly advise you of your rights with regard to submitting to a test for alcohol concentration or refusing a test.  These are not Miranda rights!  This is advice specifically detailing the administrative sanctions to be imposed against your driving privileges in this state if you take a test for alcohol concentration that results in a reading of .08 or more, or if you refuse a test.  Problems occur when you are not properly advised by the officer, and when individuals under the influence or impaired by alcohol are confused by the information contained therein. 

If a person is involved in a motor vehicle accident that results in the death of, or life-threatening injury to another person, and is detained by a police officer under suspicion of DUI/DWI, Maryland law requires that person submit to mandatory testing for alcohol concentration and/or drug or controlled dangerous substance content.  Except in these circumstances, there is no compulsion to take a test for alcohol or drug concentration.

YOU SHOULD ALWAYS CONSULT AN ATTORNEY BEFORE CONSENTING TO A TEST FOR ALCOHOL CONCENTRATION AND/OR DRUG CONTROLLED DANGEROUS SUBSTANCE CONCENTRATION!

COURT IMPOSED PENALTIES:

· INCARCERATION, FINES & PROBATION

Under most circumstances, the maximum terms of incarceration that can be imposed for first-time offenders range from 60 days for DWI to 1 year for DUI.  Those penalties increase with each subsequent conviction to a maximum penalty of 3 years.  Repeat offenders are subject to enhanced penalties and mandatory minimum sentences.  Fines range from not more than $1,000 for a first offense to a $3,000 maximum for a third or subsequent offense.

If you refuse to submit to a test for alcohol or drug concentration, under certain circumstances you are subject to a 60 day term of incarceration and a $500 fine.

If you receive a conviction for DWI or DUI, that conviction will result in an assessment of points on your driving record, exposing your driving privileges to suspension or revocation by the MVA.  Some Maryland jurisdictions will not impose a conviction for first-time offenders.  You may be eligible for a Probation Before Judgement (PBJ) disposition in those instances.  PBJ dispositions do not result in your driving record being affected by a conviction for insurance purposes, and do not carry assessed points. 

If you are placed on a period of supervised probation by the court, you will be required to report to a supervising monitor and pay supervision fees.  You may also be placed on unsupervised probation.  Conditions of probation may include the completion of an alcohol counseling program and/or community service.  Each judge in each jurisdiction is individual in the probationary requirements they impose.

Repeat offenders appearing before the court may also be required to participate in the Ignition Interlock Program as a condition of probation.

JUVENILE DUI/DWI OFFENDERS

Maryland does not prosecute juvenile offenders, individuals under the age of 18, for their delinquent acts in our adult criminal justice system.  When a juvenile is taken into custody as a result of committing a DUI/DWI offense they are issued a juvenile citation, not a traffic citation.  These cases are heard in a county juvenile court, before a juvenile Master.  If the juvenile is found to have committed the offense, i.e., he or she has been found delinquent, their license can be suspended for 1 year by the court for a first offense. They may also be placed on probation with specific conditions imposed during that period of supervision.  Subsequent convictions result in greater license suspension periods and other penalties.  A juvenile Master possesses the authority to defer a delinquent disposition in a DUI/DWI case, the equivalent of granting the juvenile a PBJ disposition. 

If a juvenile is charged with committing a drinking and driving offense that results in the death of another or a life-threatening injury to another, they will be charged as an adult and submission to a test to determine alcohol or drug or controlled dangerous substance concentration is mandatory. 

The legal limit for alcohol concentration in the blood of drivers under the age of 21 is .02.  If a juvenile submits to a chemical test for alcohol concentration that results in a reading of .02 or more, they have violated the under-age alcohol restriction placed on their driving privilege by the MVA which can result in suspension of their driving privileges.  Any revocation or suspension of a juvenile’s driving privileges by a juvenile Master is in addition to any administrative action taken by our MVA for submission to or refusal of a test for alcohol/drug concentration, or violations of under-age alcohol restrictions.

A JUVENILE SUSPECTED OF A DUI/DWI OFFENSE SHOULD ALWAYS CONTACT AN ATTORNEY!  THEY HAVE THE SAME CONSTITUTIONAL PROTECTIONS AFFORDED ADULT OFFENDERS AND NEED THE ADVICE AND ASSISTANCE OF AN ATTORNEY AT THIS CRITICAL TIME!