Frequently Asked Questions About
Drunk Driving, DUI, DWI in Maryland
DUI FAQ's
When Stopped For DUI Suspicion, Should I Take Sobriety Tests?
Although it is a balancing test, and each factual situion requires individual examination and evaluation, I would still suggest that you not submit to field sobriety tests. If you do not perform well, even if you drank nothing, the police may say you were under the influence. The impact of making such a decision also needs to be considered in the event a hearing will be requested before an administrative law judge.
If you have been drinking, then the police will note that you had the strong odor of alcohol on your breath and you did not perform well on the field sobriety test. If you refuse to take the field sobriety tests, then the police have less evidence against you to prove that you were intoxicated.
Should I Submit to an Intoxilyzer Machine For the Breath Test?
No. You should not take the test unless you have not had anything to drink. The machine has been proven to be faulty and has a rate of error. If the machine is not calibrated correctly, it may measure the alcohol in your blood incorrectly.
If so, you may be providing the police with evidence they can use to convict you. If you tell them that you will not take the test without a lawyer present, they will treat your comment as a refusal and so will the Court. However, I would advise telling the police that you will take the test they want to give you in the presence of your attorney.
If I'm stopped for driving under the influence, can a police officer ask me questions without reading me my rights?
Sometimes. The answer depends on whether or not you are in police custody -- that is, whether you are subject to the restraints common to a formal arrest. For example, the U.S. Supreme Court has ruled that the police do not have to provide Miranda warnings during roadside questioning of a motorist detained pursuant to a traffic stop. Thus, roadside questioning about your drinking, drug-taking, or performance on field sobriety tests does not constitute "custodial interrogation." However, once you are arrested -- or restrained by the police in a manner consistent with arrest -- you must be read your Miranda rights.
This is my first DUI/DWI. Can I be sentenced to active prison time?
Yes. The law provides Judges the discretion to sentence anyone convicted of DUI or DWI to active jail time. Each case is different and mitigation defenses are available to lessen the change of active jail time.
I blew over .08. Shouldn't I just plead guilty?
Pleading guilty based on only a portion of your criminal process may leave a more relevant part ignored. This more relevant part may result in a Dismissal or finding of Not Guilty.
The reading on the Intoxilyzer is not necessarily dispositive.
Won't the case against me be dismissed?
Not necessarily. The law provides for convictions in the event that a person has a certain Blood Alcohol Content OR is appreciably impaired.
Why DUI Laws are so Tough:
The reason the state legislature has chosen to make the penalties for this offense so severe is because the thousands of people travel on streets and highways deserve to have safe roadways. Courts are mindful drunk driving is still one of the primary causes of injury and death on our highways.
QUESTION: What do police look for when searching for DUI suspects?
ANSWER: Police officers look for unusual operation of a motor vehicle. That may include such things
as:
- Driving with a blinker, but not
turning
- Driving with your headlights
turned off at night
- Driving slower than 10 miles
under the speed limit
- Weaving outside your lane
- Hugging the fog line or center
of the road
- Wide radius or abrupt
turns
- Rapid breaking or
accelerating
- Speeding
- Drifting between lanes or from
the roadway to the shoulder
- Following too closely
- Stopping in a traffic lane
- Stopping at a green light, or
failing to move when the light turns green
- Not stopping at a red light or
stop sign
"There
is No Substitute For Experience."
JACK I. HYATT
Drunk Driving
Attorney
Attorney Profile:
Former
Assistant State's Attorney
Admitted To
Practice Before:
The U.S.
Supreme Court
All Maryland Courts
Federal
District Court
Member:
Maryland
State Bar Association
Baltimore
City Bar Association
Baltimore
County Bar Association
University of Baltimore
A.A. B.S. J.D.
Honorable
Discharge U.S. Army
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