" Jack Hyatt is the lawyer you need to speak with. He got my Baltimore City drunk driving charges dismissed on his motions before I had to testify. No ifs, no ands, no buts, "dismissed". " V.E.
" Thanks you for your excellent representation in my 3rd DUI case, suggesting that I demand a ury trial and getting all of my DUI charges nolle prosequi. J.C.
"Thanks for a job extremely well done in getting my DUI, negligent driving, and all 11 related charges dismissed prior to trial so I did not have to appear in court and also having my MVA hearing dismissed."~N.M.
"I was nervous about my DUI charges from the day I was charged until the day you called several days prior to trial indicating all charges would be dismissed and I would not have to appear in court. Thanks again for suggesting I not accept the state's offer to plead guilty."~~R.F.
"I selected Jack Hyatt because of his experience, knowledge and reputation. He thoroughly investigated my case, detected technical mistakes made during my arrest and had my DUI and all other charges completely dismissed at trial. If you are charged with DUI or any traffic charge, he is the lawyer you need to call."~~R.S.
"I was extremely worried about my pending DUI charges due to two prior DUI convictions. Your aggressive representation was excellent in getting all DUI charges dismissed prior to trial. You were always available to answer my questions."~~T.D.
"Thanks for suggesting I plead not guilty and getting my Howard county DUI case dismissed. Your advice throughout the case was outstanding.~~F.H.
"I was thrilled to learn that you had my DUI case dismissed prior to trial and we did not even have to appear in court. I thoroughly recommend your services."~~D.G.
"Your advice and efforts exceeded my expectations as you suggested I plead not guilty and my fourth DUI case was dismissed. I appreciate your answering all of my questions and keeping me informed throughout the entire case."~~R.J.
"Thanks for your outstanding representation in filing an effective appeal and getting my sentence reduced to PBJ on the appeal."~~M.L.
"Many thanks for getting my driving on suspended license charge dismissed so I did not have to appear in court."~~P.S.
"Thanks for advising me to plead not guilty and getting my DUI and negligent driving charges dismissed to I did not have to go to court."~~A.H.
" Thanks for suggesting I contest my Baltimore County driving on suspended license charge and getting my case dismissed. Your representation was outstanding."~~M.A.
"Thanks again for your aggressive representation in getting my MVA hearing dismissed and saving my license."~~F.F.
"The result you obtained in my third DUI case was outstanding. I wish I had known about you earlier. Thanks." ~~M.J.
"Your straight forward answers to my questions were greatly appreciated. Thanks again for getting my Federal DUI dismissed."~~ S.E.
"Thanks for advising me to plead not guilty and getting all of my Prince George's County DUI charges dismissed." ~~S.R.
"Thanks for a job well done in getting my driving an uninsured vehicle dismissed so did not have to appear in court."~~C.F.
"Your representation and results exceeded my expectations in my DUI case."~~J.D.H.
"I appreciate all of your efforts in getting all of my Anne Arundel County DUI charges dismissed."~~R.E.
"I am so glad I selected you as my lawyer and did not plead guilty as I originally intended as your representation resulted in getting my driving on a suspended license charge dismissed. Thanks for a job well done."~~D.B.
" Your diligent representation was excellant in getting me a PBJ for my second DUI. The outcome was better than I expected. Thanks. ~~ I.A.
?Your strategy, motions and aggressive representation was excellent in my violation of probation case. Thanks for getting my probation continued especially as it was against the recommendation of the state?s attorney.?~~ G.W.
" I'm glad I listened to you and plead not guilty as you were able to get all of my DUI charges in Baltimore County dismissed."~~H.L.
"Your representation in my Calvert County DUI case was outstanding. If anyone needs a lawyer in a DUI case you are the lawyer they need to call." ~~ J.B.
Upon receipt of your call, we will fully explain all your options, common police mistakes, proven DUI defenses that work, re-testing, expungement of records, how to save your license, the ways in which DUI cases can be dismissed prior to trial and the very best way to proceed in your case depending upon your facts.
Because you were charged with DUI in Maryland, Speeding, Driving on a Suspended License or Radar does not mean the State can prove its case. While most police officers perform their tasks properly, there are many instances when their omissions, acts, or failure to comply with detailed procedures when giving a ticket, or making an arrest, creates a valid and enforceable defense to enable your case to be dismissed prior to trial. Solid preparation and a knowledgeable Maryland DUI lawyer, with years of courtroom experience, who understands the sequences of arrest and trial are your best defenses and chances to get your case dismissed prior to trial.
As the result of your interview, I will detect the weakest link or links of the state's case and if a defense exists, I will detect it, raise it on your behalf and have your case dismissed prior to trial.
During your interview, I will ask detailed questions to determine what happened when you were charged and will explain what defenses will work to get your case dismissed. Just because the state has charged you with DUI does not mean you are guilty or the state state can prove you are guilty. Every case and factual sequence has a weakest link. The fact is, in numerous cases the state absolutely can not prove guilt.
Explaining to the court you were going with the flow of traffic, did not have a lot to drink, your speedometer was, or was not working, that other vehicles were traveling at a similar same speed, will provide your best chance of a busy, but polite judge, imposing a guilty verdict, causing an accumulation of points, an insurance premium increase and possible loss of your license. You can walk into any traffic court, at any time, and watch how these excuses do not work, but consistently result in points on your record and a substantial increase in insurance costs.
Jack I. Hyatt is a seasoned and experienced DUI Lawyer, having an extensive knowledge of the Maryland traffic court system, bringing over 30 years of courtroom experience, in many thousands of cases, to enable you to have an excellant opportunity to get your case dismissed. He has tried over 20,000 cases for the State of Maryland as an Assistant State's Attorney For the State of Maryland. This, day in, day out, continuous courtroom experience has enabled him to have a clear understanding how the Maryland traffic court system works, from the point of the initial charge throughout the entire court process. If you were stopped due to radar, photo radar, laser, lidar, vascar, police car pace or airplane pace, Mr. Hyatt's specific knowledge will enable him to zero in to detect essential elements of non compliance and get your case dismissed.
Examples of Motions I am familiar with and can file on your behalf to attempt to have your charge thrown out are:
Throughout your case, he will require the State of Maryland to prove every single element of their case beyond a reasonable doubt, which often, they can not do. He will ask detailed questions beginning when and why you were stopped, what did the arresting officer observe, how detailed is his memory, was the stop legal, was any search legal, reviewing what was said to induce you to speak, take any tests, were field tests administered properly, did the officer fully know how to administer the tests, was all machinery used in good repair, was all machinery used tested properly, was the machinery timely tested, did the officer know how to properly use the machinery, did the officer who tested the machinery know how to properly test it, when did the officer last qualify on the machinery are examples of preliminary questions.
Our office represents numerous parties around the country who do not reside in Maryland. If you reside outside Maryland, or more than thirty miles from our office, and your case is in the Maryland Court system, you can begin your case be mail. Whether you begin your case by scheduling an office appointment, or by mail, what will be done, every sequence, every procedure and the end result will be identical.
A driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been broken. A person cannot be seized unless a violation has occurred.
WEAVING INSIDE THE LANES IS NOT ILLEGAL ? weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
ANONYMOUS REPORT OF DUI -- a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
STANDARD FIELD SOBRIETY TESTING IS INACCURATE ? in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.
NON-STANDARDIZED FIELD TESTS ARE INVALID - neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
IN-SQUAD VIDEOS - more and more often, the suspects driving and performance on field tests is being recorded; often contradicting police testimony.
FAILURE TO PROVIDE SPEEDY TRIAL - If a client is not provided with a trial within 120 to 160 days of demand, through delays of the court or prosecutor, the charges must be dismissed.
POLICE BLOOD TEST INACCURATE - Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.
HOSPITAL BLOOD TEST INACCURATE - Hospital blood tests overestimate a person?s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.
BREATH TEST OPERATOR UNLICENSED - An Maryland Breath Test Operator must possess a valid, unexpired operator-s license, or the breath test result is inadmissible.
BREATHALYZER MACHINE MALFUNCTIONS - if there is a malfunction or repair of the breath test instrument within 62 days before or after a suspect's breath test, the results of the suspect's test are presumed invalid.
FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED - according to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.
OFFICER'S PRIOR DISCIPLINARY RECORD - a police officer's previous disciplinary record can be used to attack the officer's credibility.
BREATH TEST OPERATOR LICENSE EXPIRED -- An Maryland Breath Test Operator must possess an unexpired operator?s license, or the breath test result is inadmissible. Licenses expire automatically every 3 years.
BREATH TEST DEVICE NOT APPROVED - A breath testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.
FAILURE TO PROVE DRIVING - a defendant?s admission to driving, without more, does not prove a charge of driving under the influence.
INDEPENDENT WITNESSES - often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant?s sobriety.
FAILURE TO MIRANDIZE - prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.
FIELD SOBRIETY TEST IMPROPERLY Administered - according to the National Highway and Traffic Safety Administration, improperly administered field tests that are not valid evidence of intoxication.
OFFICER?S PRIOR DISCIPLINARY RECORD ? a police officer?s previous disciplinary record can be used to attack the officer?s credibility.
PORTABLE BREATH TEST IMPROPERLY Administered ? The manufacturers of many portable breath testing devices require a minimum of two tests to consider the results evidential in nature.
FAILURE TO CONDUCT OBSERVATION PERIOD ? Maryland requires that a driver be observed continuously for a minimum twenty minutes prior to a breath test in order for the results to be considered admissible and valid.
MISLEADING STATEMENTS BY POLICE OFFICERS ? Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver?s record.
FAILURES TO PRODUCE DISPATCH TAPES: most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
STATUTES OF LIMITATIONS ? A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
PRIVATE PROPERTY ? a person who has not driven the car on a public highway cannot be suspended for DUI.
FAILURE TO DISCLOSE EXPERTS - the failure of the prosecutor to disclose the state?s expert(s) will cause those witnesses to be barred from testifying against the defendant.
EXPERT WITNESSES - Expert witnesses are available to review the validity of breath tests, blood tests and Field sobriety tests.
MEDICAL AND HEALTH PROBLEMS -- Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.
BAD WEATHER - Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
LACK OF PROBABLE CAUSE TO ARREST -- A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.
ILLEGAL SEARCH - the police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver's consent or probable cause. Any evidence illegally obtained is not admissible in court.
PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Any statement made by a law enforcement officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer's credibility.
POST-DRIVING ABSORPTION OF ALCOHOL - the prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.
INTERFERING SUBSTANCES - many items contain forms of alcohol which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.
FAILURES TO PRODUCE DISPATCH TAPES - most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence which could have been recorded to be suppressed.
MISLEADING STATEMENTS BY POLICE OFFICERS - Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver's record.
STATUTES OF LIMITATIONS - A misdemeanor charge of DUI must be filed within 18 months of the date of offense, or the charges will be dismissed outright.
PRIVATE PROPERTY - a person who has not driven the car on a public highway cannot be suspended for DUI.
FAILURE TO DISCLOSE EXPERTS - the failure of the prosecutor to disclose the state?s expert(s) will cause those witnesses to be barred from testifying against the defendant.
LACTATE RINGERS - when hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.
FAILURE TO RECORD CERTIFICATION TESTS - the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.
FORCED BLOOD DRAWS - the police may not take a blood test against the driver?s consent where there has not been an injury involved, or the result is inadmissible.
You have no obligation to answer any question. If you are in your car, you must provide license, registration, and insurance. Anywhere else, you have no requirement to provide any information, and you cannot be arrested for not talking to the police. However, never badmouth or obstruct the police. If you are being arrested or detained, you have a right to know why. If not, ask if you are free to go and if so leave immediately. Everything you say to the police is important, and may be recorded without your knowledge.
If you do answer questions, keep them very short and to the point, and most important, Never confess - it does not help you.
Insist On Seeing A Attorney You have a legal right to speak with a Attorney. Never speak to the police without at least consulting one. If you speak to the police without a Attorney, you have given up one of your most important rights. Never agree to go to the police station to answer questions or submit to interrogation. Never confess - it does not help you. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
First and foremost remember that police are people too, and also remember that law enforcement is a difficult and dangerous job. With that in mind, you should always deal with the police in a calm, polite, and professional manner. But being polite does not mean that you should ever, under any circumstances, give up your rights.
Before the law enforcement officer questions you for DUI, once you are in custody, he or she must tell you that:
You have the right to remain silent. Anything you say may be used against you. You have the right to have a Attorney present while you are questioned. If you cannot afford a Attorney, one will be appointed for you. These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are not given these warnings, your Attorney can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.
Probable cause is defined as the facts or circumstances that are known to a reasonable person at the time, that could indicate that a crime may have occurred, and that a specific individual might have committed the crime. This is the standard that law enforcement must meet in order to make an arrest, obtain a search warrant, or in any other way deprive a person of their freedom and/or privacy.
The standard for a traffic stop is lower, and is known as reasonable suspicion/reasonable cause. In order to make a lawful traffic stop, an officer must be able to articulate why they suspect a criminal act may have occurred (i.e. erratic driving, high speed, matching vehicle or driver description to another crime, or some other indication that a law is being violated). In other words, an officer needs a reason to make a traffic stop and cannot stop someone simply on a whim.
In reality there is no probable cause needed for a traffic stop. Although town and state laws limit what probable cause is on the street, local roads, and in buildings, the highway system is policed at a trooper or officer's discretion. They commonly stop for vehicles traveling at higher speeds, with any decoration on antennas or windows, with dark-skinned operators, or vehicles traveling erratically. They may stop people who pass other vehicles at reasonable speeds, people who do not wear seatbelts, people with out of state plates, or people who look different. Some even camp out at the bottom of hills, near schools, or target individuals.
When dealing with the police, keep your hands in view and don't make sudden movements. Avoid passing behind them. Nervous cops are dangerous cops. Also, never touch the police or their equipment (vehicles, flashlights, animals, etc.) - you can get beat up and charged with assault. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
The police do not decide your charges; they can only make recommendations. The prosecutor is the only person who can actually charge you. Remember this the next time the cops start rattling off all the charges they're supposedly "going to give you."
Interrogation isn't always bright lights and rubber hoses - usually it's just a conversation. Whenever the cops ask you anything besides your name and address, it's legally safest to (respectfully) say these Magic Words:
"I am going to remain silent. I want to see a lawyer."
This activates certain rights which protect you from interrogation. When you say this, the cops (and all other law enforcement officials) are legally required to stop asking you questions. They probably won't stop, so just repeat the Magic Words or remain silent until they catch on.
Remember, anything you say to the authorities can and will be used against you and your friends in court. There's no way to predict what information the police might try to use or how they'd use it. Plus, the police often misquote or lie altogether about what was said. So say only the Magic Words and let all the cops and witnesses know that this is your policy. Make sure that when you're arrested with other people, the rest of the group knows the Magic Words and promises to use them.
One of the jobs of cops is to get information out of people, and they usually don't have any scruples about how they do it. Cops are legally allowed to lie when they're investigating, and they are trained to be manipulative. The only thing you should say to cops, other than identifying yourself, is the Magic Words: "I am going to remain silent. I want to see a lawyer."
"You're not a suspect - just help us understand what happened here and then you can go."
"If you don't answer my questions, I'll have no choice but to arrest you. Do you want to go to jail?"
"If you don't answer my questions, I'm going to charge you with resisting arrest."
"All of your friends have cooperated and we let them go home. You're the only one left."
Cops are sneaky buggers and there are lots of ways they can trick you into talking. Here are some scams they'll pull:
Good Cop- Bad Cop: Bad cop is aggressive and menacing, while good cop is nice OR friendly, and familiar, usually good cop is the same gender and and race as you. The rationale is that the bad cop scares you so bad you are desperately looking for a friend. Good cop is that friend. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
The POLICE will tell you that your friends informed on you so that you will snitch on them. Meanwhile, they tell your friends the same thing. If anyone breaks and talks, you all go down.
cop rhey have all the evidence they rquire to convict you and that if you "take responsibility" and confess the judge will be impressed by your honesty and go easy on you. What they really mean is: "we don't have enough evidence yet, please confess."
a very isolating and intimidating emvironment. It is really easy to believe what the cops tell you. Insist upon speaking with an attormey before you answer any questions or sign anything.
The reden Rule: Be Careful when to trust a cop when you are being investigated.
The police do not have to read you your rights (also known as the Miranda warnings). Miranda applies when there is an interrogatio by a police officer of other agent of law enforcement while the suspect is in police custody You do not have to be formally arrested to be in custody. Even if all these conditions are met, the police intentionally violate Miranda. And though your rights have been violated, what you say can be used against you. For this reason, it is better not to wait for the cops â¤" you know what your rights are, so you can invoke them by saying the Magic Words, I am going to remain silent. I want to see a lawyer. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
If you 've been arrested and realize that you have started answering questions, do not panic. Just re-invoke your rights by saying the Magic Words again. Do n0t let the police trick you into thinking that because you answered some of their questions, you have to answer all of them.
There are three basic types of encounters with the police: Conversation, Detention, and Arrest.
If the cops are trying to get information, but don't have enough evidence to detain or arrest you, they may try to get some information out of you indirectly. They may call this a cfriendlt concersation or a casual encounter. If you talk to them, you may give them the information they need to arrest you or your friends. In most situations, it is better and safer not to talk to cops.
Police can detain you only if they have reasonable suspicion that you are involved in a crime. Detention means that, though you aren't arrested, you can't leave. Detention is supposed to last a short time and they are not supposed to move you. During detention, the police can pat you down and go into your bag to make sure you do not have any weapons on you. They are not supposed to go into your pockets unless they feel a weapon. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
If the police are asking questions, ask if you are being detained. If not, leave and say nothing else to them. If you are being detained, you may want to ask why. Then you should say the Magic Words: "I am going to remain silent. I want a lawyer" and nothing else.
A detention can easily turn into arrest. If the police are detaining you and they get information that you are involved in a crime, they will arrest you, even if it has nothing to do with your detention. For example, if someone gets pulled over for speeding (detained) and the cop sees drugs in the car, the cops will arrest her for possession of the drugs even though it has nothing to do with her getting pulled over. Cops have two reasons to detain you: 1) they are writing you a citation (a traffic ticket, for example), or 2) they want to arrest you but they don't have enough information yet to do so.
Police can arrest you only if they have probable cause (see below) that you are involved in a crime. When you are arrested, the cops can search you to the skin and go through you car and any belongings. By law, an officer strip searching you must be the same gender as you.
If the police come to your door with an arrest warrant, go outside and lock the door behind you. Cops are allowed to search any room you go into, so don't go back into the house for any reason. If they have an arrest warrant, hiding won't help because they are allowed to force their way in if they know you are there. It's usually better to just go with them without giving them an opportunity to search.
Reasonable Suspicion vs. Probable Cause
Reasonable suspicion must be based on more than a hunch - cops must be able to put their suspicion into words. For example, cops can't just stop someone and say, "She looked like she was up to something." They need to be more specific, like, "She was standing under the overpass staring up at some graffiti that hadn't been there 2 hours ago. She had the same graffiti pattern written on her backpack. I suspected that she had put up the graffiti." Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
Cops need more proof to say they have a probable cause than to say they have a reasonable suspicion. For example, "A store owner called to report someone matching her description tagging a wall across the street. As I drove up to the store, I saw her running away spattered with paint and carrying a spray can in her hand."
Never consent to a search! If the police try to search your house, car, backpack, pockets, etc. say the Magic Words 2: "I do not consent to this search." This may not stop them from forcing their way in and searching anyway, but if they search you illegally, they probably won't be able to use the evidence against you in court. You have nothing to lose from refusing to consent to a search and lots to gain. Do not physically resist cops when they are trying to search because you could get hurt and charged with resisting arrest or assault. Just keep repeating the Magic Words 2 so that the cops and all witnesses know that this is your policy.
Be careful about casual consent. That is, if you are stopped by the cops and you get out of the car but don't close the door, they can search the car and claim that they though you were indicating consent by leaving the door ajar. Also, if you say, "I'd rather you didn't search," they can claim that you were reluctantly giving them permission to search. Always just say the Magic Words 2: "I do not consent to this search."
If the cops have a search warrant, nothing changes - it's legally safest to just say the Magic Words 2. Again, you have nothing to lose from refusing to consent to a search, and lots to gain if the search warrant is incorrect or invalid in some way. If they do have a search warrant, ask to read it. A valid warrant must have a recent date (usually not more than a couple of weeks), the correct address, and a judge's or magistrate's signature; some warrants indicate the time of day the cops can search. You should say the Magic Words 2 whether or not the search warrant appears correct. The same goes for any government official who tries to search you, your belongings, or your house. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
Undercover cops sometimes infiltrate political organizations. They can lie about being cops even if asked directly. Undercover cops can even break the law (narcs get hazard pay for doing drugs as part of their cover) and encourage others to do so as well. This is not legally entrapment.
The essence of the Magic Words "I'm keeping my mouth shut until I talk to a lawyer" not only applies to police but also to the FBI, INS, CIA, even IRS. If you want to be nice and polite, tell them that you don't wish to speak with them until you've spoken with your lawyer, or that you won't answer questions without a lawyer present.
Whenever you interact with or observe the police, always write down what is said and who said it. Write down the cops' names and badge numbers and the names and contact information of any witnesses. Record everything that happens. If you are expecting a lot of police contact, get in the habit of carrying a small tape recorder and a camera with you. Be careful - cops don't like people taking notes, especially if the cops are planning on doing something illegal. Observing them and documenting their actions may have very different results; for example, it may cause them to respond aggressively, or it may prevent them from abusing you or your friends. Call Maryland DUI Lawyer Jack Hyatt 410-486-1800 24/7.
People deal with police in all kinds of circumstances. You must make an individual decision about how you will interact with law enforcement. It is important to know your legal rights, but it is also important for you to decide when and how to use them in order to best protect yourself
First offense DWI can result in up to 2 months in jail, fine of up to $500.00, suspension of your driver’s license and possible imposition of 8 points on your driving record Our
Maryland DUI Lawyers can answer your question.
Call Maryland DUI Attorneys
for answers to your questions.
If you are transporting a minor at the time of your DWI arrest, you jail time could increase to 6 months and your fine doubled to $1000. Fortunately, a skilled Maryland DWI attorney may be able to negotiate Probation before Judgment called PBJ for DWI. Probation Before Judgement strikes the finding of guilt and will prevent the points from being assessed to the defendant’s driver’s license. PBJ will not only protect your driving privileges, but also your insurance rates.
DWI Defense
After a DWI arrest, if you refused the field sobriety tests or you blew above a .08, your driving privileges will be automatically suspended on the forty-sixth day after your arrest. You have ten days to request a hearing at the MVA to attempt to have your driving privileges reinstated. Is critical that you contact a Maryland DUI lawyer as soon as possible to protect your rights, restore your privileges, and defend you against your DWI charge.
Recidivists
The penalties for DUI and DWI in Maryland for a first offense are serious. However, repeat offenders will be facing enhanced penalties under the law, and as such, retaining experienced legal counsel is invaluable if you are charged with either a second or subsequent offense. Furthermore, a person’s ability to drive will be significantly hindered due to either revocation or suspension of your license.
. They understand what you face, and what your options are. Call our office today to talk about those options, and have knowledgeable representatives answer your questions in a free initial consultation.
Maryland MVA Hearing
In addition to criminal penalties associated with a DUI, a person is subject to administrative penalties – namely the inability to drive for a designated period. However, it is important to understand that if you are charged with DUI, you are not automatically prohibited from driving. Under the law, you can challenge the suspension of your driving privileges at a MVA hearing. The hearing is held before an administrative law judge, and it is advised that you retain legal counsel. For help, call
Maryland DUI Attorneys
.
An experienced attorney will be aware of the intricacies of the administrative hearing process, and the arguments that will prevail in front of a judge. Maryland DUI lawyer Jack Hyatt has handled numerous cases, and can advocate on your behalf to protect your ability to drive. Do not hesitate to contact us.
Felony DUI Offense
Maryland does not recognize a DUI as a felony. It does not matter how many a person gets. In other states, a third or a fourth offense becomes a felony.
However, they have strict laws throughout the state of Maryland. Several counties have task forces and spider teams that are designed for DUI enforcement or at least their goal is to do DUI enforcement.
These charges are taken very seriously. They are prosecuted heavily. They are always warning the greater public that this is a serious matter and that they are investigating at all times and that they will prosecute them. A person can know that by simply just looking at the highways as they drive and a number of signs that they see up that are related to Maryland DUIs. They have warned a person well ahead of time if they are going to do the strict enforcement from it. They even have the commercials now, which is the Do Not Drive Buzzed Campaign that is also of great importance.
Contact a Maryland DUI Attorney Today
The most commonly charged criminal offenses are driving while under the influence of alcohol and driving while impaired by alcohol. Driving while under the influence or DUI can be proven by a test result of .08 or more or by evidence showing that the driver’s normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carry 12 points with the MVA and at a hearing the driver’s license may be revoked.\
Driving while impaired by alcohol or DWI can be proven by evidence showing that the driver’s normal coordination was impaired to some extent as a result of the consumption of alcohol. This offense can be proved by evidence of a test result of .07 or more, but less than .08. The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DWI also carries 8 points with the MVA and at a hearing the driver’s license may be suspended.
If the driver who has been found guilty of either DUI or DWI has not had a prior DUI or DWI in Maryland within the previous ten years, he or she may be eligible for a probation before judgment or PBJ. Call
Maryland DUI Lawyer
information.
Most DUI cases begin with the police officer stopping the defendant’s car for some observed violation of law. The Fourth Amendment to the United States Constitution requires that a police officer has what is known as articulable reasonable suspicion to believe the defendant has committed, is committing, or is about to commit a crime. Occasionally, the State is unable to prove that the officer had a legitimate reason for stopping the Defendant’s car.
In those cases, the Fourth Amendment exclusionary rule requires that the court grant a motion to suppress the evidence that is obtained by the police as a result of the illegal stop. That is usually the balance of the evidence in the case.
As a result, when the court grants a motion to suppress in District Court, the State is normally unable to proceed any farther and the court grants a defense motion for a judgment of acquittal. Contact
Maryland DUI Attorneys
for answers to your questions.
If the officer had a valid basis for stopping the defendant, the next question is whether the officer had sufficient evidence to require the defendant to exit the car for the purpose of conducting standardized filed sobriety tests.
Police officers are trained to perform a mini-investigation, to decide whether to have the driver exit the car. Frequently, police officers completely skip this step and ask the driver to exit.
The
Maryland DUI Lawyers
will respond to answer questions.
However, if the basis for the stop did not involve bad driving, and the officer has merely confirmed that the driver has consumed some alcohol, the court could hold the State has failed to establish sufficient articulable reasonable suspicion to have the driver exit the car.
When an officer stops someone who the officer has reason to believe has been drinking, he or she will typically require the driver to exit the car to perform standardized field sobriety tests.
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The three standardized field sobriety tests approved by are the horizontal gaze nystagmus test, the walk and turn test and the one leg stand test. Based on the driver’s performance, the officer may offer the driver a preliminary breath test at the scene of the stop. Based on all of these tests, as well as any other observations made the officer, the officer may decide to arrest the driver. At the police station the driver is read a form that advises the driver of the license suspension penalties that result from failing the breath test or from refusing a breath test.
In many cases, after the breath test process or refusal is complete the officer has the discretion to release the driver. In other cases, the officer may present the driver to a District Court Commissioner to determine conditions of release.
In court, and at MVA license suspension hearings, a lawyer may be able to challenge what the officer did or failed to do during the investigation. If the defense is successful and the court finds the defendant not guilty, all court and police records may be expunged. In many counties, the typical sentence where there is no accident or injuries, if found guilty, is probation before judgment.
Offenders are usually placed on probation long enough to complete an alcohol education or treatment program and attend a Mothers Against Drunk Driving victim impact program a one-night meeting where offenders listen to drunk driving victims . Second offenders frequently serve a couple of weekends in jail. Call
Maryland DUI Attorneys
for answers to your questions.
In many cases, there is a viable factual and/or legal defense to the charges. The lawyer’s duty is to zealously pursue the interest of the client within the rules of ethics and the law, to achieve the best possible result for the client. In Maryland, it is important to see a lawyer as soon as possible after receiving these charges, to fully protect your rights.
What is DWI in Maryland?
In years past, the Maryland criminal laws focused on driving under the influence. We still hear it called drunk driving. Contact
Maryland DUI Lawyer
if you have questions
Maryland you’ve lost the normal control of your mental or physical faculties, to such an extent that you’re appreciably impaired, you are under the influence.
alcohol is an impairing substance. It’s what experts call a central nervous system Depressant. Central nervous system Depressants slow down your reaction times and thought processes.
So, while we may call it something different now, DUI in Maryland is still illegal.
The laws changed some years ago to reflect the fact that there could be confusion with DUI. There was such a connection to being under the influence and alcohol that it made sense to be a bit more general.
DWI stands for Driving While Impaired. People seem to understand you can be impaired by more than just alcohol. Illegal drugs can also impair your mental and physical faculties. That’s true too for legal drugs and prescription medications.
You can be convicted of DWI in Maryland if you’re impaired by a prescription. It’s not a specific intent crime. You don’t have to intend to be driving while impaired. It can be an accident. Men’s rea is not required. . Call
Maryland DUI Attorneys
for answers to your questions.
The law in Maryland is now entitled Impaired Driving in It still references driving a vehicle while under the influence.
The Maryland DWI laws make it clear there is more than one way to be found guilty of the charges.
To be clear, you do not have to be drunk to be convicted of DWI. It is not the same as drunk driving or drunken driving.
The State must prove, beyond a reasonable doubt any of these three things:
That you operated a vehicle on the public streets or highways of Maryland while subject to or under the influence of an impairing substance. Defense lawyers may refer to that as the appreciable impairment
That you have remaining in your body, at any relevant time after driving, alcohol measuring .09 or higher. Sometimes that’s mistakenly referred to as the per se prong of the Maryland DWI laws. Contact
Maryland DUI Lawyer
if you have questions
Again, impaired driving is not limited to drunk driving. While it’s true that if you’re driving drunk you can be convicted of DWI in Maryland, it’s not required.
The legal standard is much lower than you might realize. Impairment is said to be noticeable or discernable.
If you’ve consumed an impairing substance that can be appreciated, noticed or described by a law enforcement officer, you can be found guilty. That’s appreciable impairment.
For more information on DWI charges in Maryland, check out the MARYLAND pattern jury instructions.
Is DWI a Felony or Misdemeanor in Maryland?
Normally, with nothing else, DWI is a misdemeanor. But there are important exceptions.
This is true for many different types of criminal charges in Maryland. There are often exceptions to the general rule. Contact
Maryland DUI Lawyer
if you have questions
That is one reason it’s imperative to retain an experienced defense lawyer to help you understand what has become a complicated legal system.
DWI may be what defense lawyers calls a predicate offense for serious felony charges in Maryland. Impaired driving may even be a component of Murder charges and Manslaughter charges. . For answers to your questions, call
Maryland DUI Attorneys
And a substantial prior history of DWI in Maryland may subject you to mandatory jail time and Habitual Impaired Driving charges.
If you have been arrested or charged with DWI, it is imperative you speak with a defense attorney as soon as possible.
The Best DUI Defenses
If you have been arrested and charged with the crime of Driving Under the Influence of Intoxicating Liquor or Drugs DUI you understand that you are facing serious offense. You can lose your license, face mandatory fines and jail time. The task may be daunting but DUI cases are defensible. lawyer can help you identify unique issues in your case to identify the best DUI defenses available. Contact
Maryland DUI Lawyer
help.
In my practice, I have identified some of the most common, effective and typical DUI defenses that I come across. The following is a list of some of these defenses to give you an idea of how scientific and legal . issues form the basis for many types of DUI defenses
1.
Everyone has the right to consult with a lawyer during any stage of a criminal investigation before or after being arrested. In DUI investigations, this right is paramount because the time frames of a DUI investigation are critical in making the decision to obtain independent exculpatory evidence . Denial of that right can result in a DUI case being dismissed.
A suspect in a DUI investigation has a right to consult with counsel if it will not unreasonably delay or impede the DUI investigation. If a motion to dismiss or suppress evidence is filed by the defense on grounds of deprivation of the right to counsel, the State has the burden to prove that any deprivation of the right to counsel would have interfere investigation;. If it cannot prove this delay the evidence must be suppressed e and the case dismissed.
. Any evidence obtained following the violation of a defendant's right to counsel must be suppressed, and often times a dismissal of the charges is the remedy when the State interferes with a defendant's inability to consult with counsel. For help, call
Maryland DUI Attorneys
.
Breath alcohol Testing Can Be Inaccurate.
Breath tests commonly referred to as breathalyzers, determine the particles of breath alcohol in your lungs and give a measurement of the blood alcohol level in your blood. This indirect measurement of your blood alcohol level can result in an inaccurate reading as a single test alone is not sufficient to determine the levels of alcohol in your system. For help, call
Maryland DUI Lawyers
.
The partition ratio is the ratio of alcohol levels in the blood as they relate to alcohol levels in the breath or lungs. Breath alcohol Testing relies on the presumption of a single partition ratio rating. However, variances in human physiology can result in different partition ratios than the ratio used as the basis for the breath alcohol test.
There are other factors that can suggest that Intoxilyzer or breath test reading can be high. Variances in body temperature during the administration of the tests result in false high readings. Even the breath instrument itself has an inherent 10% margin of error that can give false high readings.
A defense attorney, in consultation with a forensic toxicology expert, can identify breath testing issues that may produce a valid defense to the breath tests presented in a DUI case.
Illegal Stop of Person or Vehicle.
A driver cannot be stopped unless the officer has a reasonable and articulable basis to believe that a traffic law or other law has been violated nor can the driver be arrested unless a violation has occurred.
In all criminal cases, the State has the burden to prove that all evidence was obtained lawfully and in compliance with the Fourth Amendment of the United States Constitution. The Fourth Amendment protects all individuals from unreasonable searches and seizures. A police officer cannot stop a motorist based on a hunch or a guess. Similarly, it is not a crime to drive a vehicle late at night or for simply leaving a bar. An officer has to demonstrate an objective reason for a stop stop to justify any subsequent seizure or evidence obtained.
Field Sobriety Test is Inaccurate or Invalid.
Standardized Field Sobriety Tests are standardized . To be an accurate test, the test must be instructed, given, and performed the same way every time to even be considered an accurate predictor for cues of impairment . These tests are barely 60% to 70% accurate in some studies and are completely invalid when performed on individuals with disabilities, who are overweight, or the elderly.
Not all Field Sobriety Tests are standardized . Tests like Finger to Nose tests, balancing tests, or reciting the alphabet are not standardized field sobriety tests recognized by the Federal Government . Some of the tests are not even recognized by all police agencies. The relevance at trial of tests to demonstrate impairment is dubious at best.
An experienced DUI attorney can attack these field sobriety tests with some effectiveness, especially when no reports of bad driving are reported or the investigating officer is not qualified or did not properly administer the field sobriety tests. Contact
Maryland DUI Lawyer
if you have questions
No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.
A driver of a motor vehicle who recognizes they are a danger to the motoring public should safely get off the roadway. A motorist who is impaired but not driving a motor vehicle, or who is not in actual physical control of a motor vehicle should not be found guilty of a DUI.
The issue in these cases often comes down to a determination by a jury as to whether the driver was using the vehicle merely as a shelter before they regained their sobriety, or if they remained a threat or danger to the motoring public. Simply because one has a key in the ignition or the engine running does not mean the driver is in actual physical control. A jury must review the totality of the circumstances to determine whether a defendant's current or imminent control of the vehicle presented a real danger to himself or others at the time alleged Contact
Maryland DUI Lawyer
if you have questions
These are some of the most frequent DUI defenses that I have come across in my practice, but this list is by no means exhaustive of the defenses that can be presented. DUI cases present some of the most interesting and challenging issues regarding legal and scientific defenses. If you have been charged with a DUI, you should consult with
Maryland DUI Lawyers
to ensure you understand your rights in a criminal prosecution.
The Definitive Guide on How to Get Out of a DUI
If you have been charged with DUI or DWI, you are innocent until prosecutors prove guilt doubt. The burden of proof for the State is very high.
You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict. Inaccurate breathalyzer tests, police errors, medical conditions and dozens of DUI defenses can be used to fight a DUI and get DUI cases dismissed or charges reduced.
This is why the best DUI lawyers get DUI charges dismissed every day.
The best part?
Here are our tips on how to beat a DUI case using the twenty best DUI defenses. And they are all distilled from fighting thousands of DUI cases.
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You can also win a DUI case in 2025 using legal motions, objections and aments that may have nothing to do with whether you were over the legal alcohol limit.
While DUI laws vary by state, legal defenses can be used to fight a DUI charge in all states including Maryland.
Twenty of the best ways to fight a DUI:
Breathalyzer test errors or inaccuracy
DUI breath tests are the most common blood alcohol concentration test.
But did you know:
DUI breathalyzers don’t measure alcohol directly?
Instead, they measure breath alcohol then multiply that by a partition ratio to estimate alcohol. Breathalyzers assume a ratio of alcohol in your exhaled breath to alcohol in your blood of 1:twenty-one.
However, actual ratios of tested individuals range from 1:1300 to 1:3000 or more depending on: sex, body weight, breathing patterns, hematocrit levels and Ody temperature
Several issues can cause false positive breathalyzer results:
The device’s margin of error.
Improper maintenance , calibration, or use by the police officer.
Physical differences between drivers that affect the partition ratio.
Auto-brewery syndrome.
Even when a DUI test is executed flawlessly, experts agree that chemical testing has an error rate of between .005 to .02%. Contact
Maryland DUI Attorneys
for helpful information.
This allows our Maryland DUI attorney to fight even flawless test results between .08 and .10% because a .02% margin of error could lower the alcohol to below the legal .08 alcohol limit.
Ketosis from Atkins-style diets or diabetes.
Ketosis is a normal metabolic process triggered in your body when it it lacks sufficient carbohydrates from food for your cells to burn for energy.
Conditions such as diabetes, low carbohydrate diets such as Atkins-style or paleo diets or hypoglycemia can trigger ketosis.
Without sufficient carbohydrates, your body will burn fat cells instead and produce ketones. For people with diabetes, ketosis is typically a sign of not using enough insulin.
You may be wondering:
What do ketones have to do with DUI?
When ketones are eliminated from our bodies through breath and urine, they convert into alcohol. This mouth alcohol can cause breath testing instruments to read inaccurately high alcohol levels. There is no probable cause for the DUI stops.
Maryland DUI Lawyers
will be helpful.
Police DUI stops must be supported by reasonable suspicion or probable cause. Traffic stops are temporary detention by Police and considered a seizure under the 4th Amendment.
For DWI stops, the most common reasons Police provide are drivers exhibiting National Highway Traffic Safety Administration recommendations on speeding or running stop lights.
This is important:
If the officer does not have a reasonable suspicion or probable cause for the stop, your Maryland DUI lawyer can file a motion to suppress evidence to exclude any evidence obtained by illegal search. This suppression motion can exclude the DUI alcohol tests from admissible evidence, except for DUI sobriety checkpoints.
Suppressing key evidence can significantly increase the chances of getting a DUI dismissed since Maryland laws requires police to prove with valid, admissible evidence.
Rising blood alcohol
Rising blood alcohol defenses apply when your blood alcohol level was below legal limits when driving, but rose above the Maryland blood alcohol limit by the time Police tested your blood alcohol level
might be wondering:
How do I prove my alcohol was below the legal limit?
A rising blood alcohol defense requires using a toxicology expert to examine the results of the alcohol test and evidence to create a retrograde extrapolation analysis that shows the driver had rising alcohol and was below the legal alcohol limit at the time of driving.
There was a significant delay between being pulled over and when the alcohol test is administered.
Your tested alcohol level was close to the Maryland alcohol limit, perhaps in the .08 to .11 range.
You were near your destination when stopped so you would not have been DWI. Auto-brewery syndrome refers to gut fermentation.
You did not exhibit other clear signs of intoxication such as traffic violations, swerving or slurred speech.
Auto-brewery syndrome
Auto-brewery syndrome is a rare medical condition where alcohol is produced in a person’s digestive system without drinking any alcohol. Sometimes very intoxicating amounts of alcohol.
The condition is most often linked to diets high in carbohydrates and refined foods and the overuse of antibiotic drugs. For those affected, yeast or bacteria in the intestinal tract convert sugar and carbohydrates into alcohol similar to the fermentation process of beer.
You cannot be born with auto-brewery syndrome, but medical conditions, like diabetes, Crohn’s disease, and short bowel syndrome can trigger too much yeast in the gut and set off the condition.
If the condition can be proven via recognized testing, a Maryland DUI lawyer can use this diagnosis to get a DUI dismissed.
Inaccurate DUI blood test
Blood testing for alcohol must follow strict protocols to ensure accuracy and there are several ways blood tests can provide inaccurate results.
One example is that it is common for blood samples to sit for days before analyzing. Blood decomposes due to enzymes and bacterial action. This decomposition can create alcohol in the blood.
Blood samples with no alcohol can generate alcohol readings of .25 or more, depending on the amount of fermentation. Fermentation can occur if a technician doesn’t properly refrigerate the sample or add the right amount of preservative.
Blood tests by law enforcement are presumed by courts to be accurate and the burden is on defense to prove that they are not. One way to accomplish that is to file a blood split motion to retest the blood and learn details about how the blood was stored and the alcohol blood test conducted.
The most common factors to taint DUI blood testing results are: improper storage of blood sample
Fermentation of the blood sample
Contamination of blood samples
If errors are found, contact your Maryland DUI lawyer to have the blood test results excluded from evidence. Suppressing evidence can win a DUI case since valid proof of at least a .08 alcohol is required for DUI conviction under Maryland law.
Inaccurate field sobriety test
Maryland’s Standardized Field Sobriety Tests are not accurate indicators of impairment.
There are only three field sobriety tests that have actual data to verify their accuracy:
Horizontal Gaze Nystagmus 77% accurate
One Leg Stand 65% accurate
Walk and Turn 68% accurate
And these results are for properly administered tests under ideal conditions, which often is not the case. Anyone who has taken a field sobriety test can attest they can be hard to pass sober, let alone on the side of a road in the middle of the night, on wet ground or when the wind is blowing. The
Maryland DUI Lawyers
will be helpful in every way.
Reasons for innocent test failures can include:
Poor coordination or non-athleticism
Nerves and police officer intimidation
Poor balance or vertigo.
Maryland DUI Lawyer
Being arrested for DUI in Maryland is one example of how the consequences of a simple mistake could haunt you for years or even linger for a lifetime. However, with a defense from a highly skilled Maryland DUI lawyer, you can minimize the impact of a DUI conviction or even have the charge dismissed completely.
DUI Charges in Maryland
If you are arrested and facing a drunk driving charge, your first step should be to contact a Maryland DUI lawyer with the experience and resources to proficiently handle your case.
Your lawyer will examine your case from different angles to find the best option for presenting your case Court. Whether disputing blood alcohol test analysis, challenging illegal police procedures, suggesting sentencing options such as probation and treatment, one of the attorneys with our firm will diligently represent your case to provide the best possible outcome.
DUI Tests & Penalties
If you are arrested for DUI, you must act quickly to protect your rights and privileges. If you refused a breathalyzer or blew above a .08, your driving privileges will be automatically suspended on the forty-sixth day after your arrest. You only have ten days to request a hearing with the MVA to attempt to alter that suspension Contact
Maryland DUI Attorneys
. If you fail to request a hearing within this limited time frame may result in the loss of your driving privileges for a significant amount of time. We can assist in submitting the request to the Maryland Office of Administrative Hearings and can represent you at your hearing.
Drunk driving is punished harshly by Maryland even as a first offense. It can lead to up to one year in jail, a fine of up to $1000.00, suspension of your driver’s license and possible imposition of twelve points on your driving record
Your DUI defense starts with your own actions. If you are pulled over and police suspect you may have been drinking, you will likely be asked to perform or complete a roadside breath test.
Most people cannot understand that these tests are voluntary. You do not have to submit to field sobriety testing, but your refusal to take a test will most likely result in your arrest
. While this seems like a harsh choice, remember that the field sobriety tests are designed to give the police and the State evidence that you are in fact impaired. If you refuse to participate in the tests, you reduce the amount of evidence they have to use against you at trial.
Fortunately, a Maryland DUI lawyer may be able to get your charges dismissed, or in the alternative, negotiate for DWI. Probation Before Judgement strikes the finding of guilt and will prevent any points from being assessed to the defendant’s driver’s license. Our
Maryland DUI Lawyers
can answer your questions.
This will not only protect your driving privileges, but also your insurance rates.
Although disorderly conduct is not technically part of driving while impaired, it is a serious misdemeanor offense that often stems from alcohol consumption.
Most people think of DUI, or driving under the influence. In the state of Maryland, however, there are additional alcohol-related charges one may face if he or she chooses to drive after drinking. In fact, one can be charged with DWI, or driving while impaired, even if his or her blood alcohol concentration alcohol falls below .08, the legal limit for intoxication in drunk driving cases.
Though DWI is considered a less serious offense than drunk driving, consequences may still be severe. You may also face serious penalties if convicted of in Maryland.
Prosecutors will not take your DWI charge lightly, and neither should you. If you are suspected of driving while impaired and arrested, call a qualified DUI lawyer as soon as possible. Your Maryland DUI attorney can advise you about your rights and options and help you avoid making costly mistakes that could jeopardize your case.
DWI Penalties
DWI is punished harshly, even as a first offense. Though the penalties for DWI are less severe than those associated with a DUI conviction, they nevertheless have a significant impact.
First offense DWI can result in up to 2 months in jail, fine of up to $500.00, suspension of your driver’s license and possible imposition of 8 points on your driving record Our
Maryland DUI Lawyers can answer your question.
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for answers to your questions.
If you are transporting a minor at the time of your DWI arrest, you jail time could increase to 6 months and your fine doubled to $1000. Fortunately, a skilled Maryland DWI attorney may be able to negotiate Probation before Judgment called PBJ for DWI. Probation Before Judgement strikes the finding of guilt and will prevent the points from being assessed to the defendant’s driver’s license. PBJ will not only protect your driving privileges, but also your insurance rates.
DWI Defense
After a DWI arrest, if you refused the field sobriety tests or you blew above a .08, your driving privileges will be automatically suspended on the forty-sixth day after your arrest. You have ten days to request a hearing at the MVA to attempt to have your driving privileges reinstated. For this reason, it is critical that you contact a Maryland DUI lawyer as soon as possible to protect your rights, restore your privileges, and defend you against your DWI charge.
Recidivists
The penalties for DUI and DWI in Maryland for a first offense are serious. However, repeat offenders will be facing enhanced penalties under the law, and as such, retaining experienced legal counsel is invaluable if you are charged with either a second or subsequent offense. Furthermore, a person’s ability to drive will be significantly hindered due to either revocation or suspension of your license.
Ignition Interlock Devices
Ignition interlock devices function much like a breathalyzer, but are attached to the ignition system of the driver’s vehicle. Thus, in order for a person to be able to drive with an ignition interlock device installed on his or her vehicle, he or she must pass a breath test. If any alcohol is detected on the breath of the person, the car will not start. Moreover, these devices also require the driver to submit to random testing, to ensure that the driver has not circumvented the prohibition against drinking and driving.
Noah’s Law
If an individual’s blood alcohol content is 0.15 or higher and if he or she convicted as a first-time offender, that person will face a 180-day license suspension without the chance of conditional driving situations, and will be installed. If a person refuses a breathalyzer test during a stop, the penalties increase automatically. Their license will be suspended for 270 days, there are no modifications, and/or you have an ignition interlock installed. Under the new law, the penalties are harsher. Call
Maryland DUI Attorneys
for answers to your questions.
DUI Security Clearance Violations
Maryland DUI charges can have a profound and lasting effect on your life, burdening you for years to come in both personal and professional arenas. Even though your legal issues may be resolved, when you start to look for a job, your past can make things difficult for you.
Your driving record is especially true in professions that ask for security clearance. In fact, certain employers including those offering government jobs may discard you from the pool of applicants because of a charge or conviction. But retaining an experienced DUI lawyer in Maryland may help avoid this issue, and help you reach your career goals unimpeded by a blemish on your record. Contact
Maryland DUI Lawyer
if you have questions
What steps you can take to prevent issues surrounding charges and security clearance? The truth is, you need to talk to a Maryland DUI attorney about those step. Each case is different, so you won’t know what to do until you receive legal advice. Make sure that the attorney you choose knows this area of the law well, in order to make your road to success as smooth as it can be.
Unfortunately, even if you have a DUI lawyer at your side, driving under the influence issues can impact more than your potential security clearance; they can mean the revocation of any current clearances that you have as well. It depends upon your employers, but it’s possible for a drunk driving charge or conviction to mean a demotion. It can even mean job loss. If you’re facing situations like these, getting someone to work with the prosecutor may spare you a conviction, and help you avoid professional consequences. Call
Maryland DUI Attorneys
for answers to your questions.
Numerous variables come into play when a drunk driving case and security clearance are involved. Often, an employer’s policies are the most telling, and such policies can vary from government agency to government agency. They can also vary from employer to employer, and even from position to position within the same department. When it comes to Maryland DUI charges, you should have a legal advocate to handle the case. This can help you make sense of the variables involved.
. They understand what you face, and what your options are. Call our office today to talk about those options, and have knowledgeable representatives answer your questions in a free initial consultation.
Maryland MVA Hearing
In addition to criminal penalties associated with a DUI, a person is subject to administrative penalties – namely the inability to drive for a designated period. However, it is important to understand that if you are charged with DUI, you are not automatically prohibited from driving. Under the law, you can challenge the suspension of your driving privileges at a MVA hearing. The hearing is held before an administrative law judge, and it is advised that you retain legal counsel. For help, call
Maryland DUI Attorneys
.
An experienced attorney will be aware of the intricacies of the administrative hearing process, and the arguments that will prevail in front of a judge. Maryland DUI lawyer Jack Hyatt has handled numerous cases, and can advocate on your behalf to protect your ability to drive. Do not hesitate to contact us.
Felony DUI Offense
Maryland does not recognize a DUI as a felony. It does not matter how many a person gets. In other states, a third or a fourth offense becomes a felony.
However, they have strict laws throughout the state of Maryland. Several counties have task forces and spider teams that are designed for DUI enforcement or at least their goal is to do DUI enforcement.
These charges are taken very seriously. They are prosecuted heavily. They are always warning the greater public that this is a serious matter and that they are investigating at all times and that they will prosecute them. A person can know that by simply just looking at the highways as they drive and a number of signs that they see up that are related to Maryland DUIs. They have warned a person well ahead of time if they are going to do the strict enforcement from it. They even have the commercials now, which is the Do Not Drive Buzzed Campaign that is also of great importance.
Contact a Maryland DUI Attorney Today
The most commonly charged criminal offenses are driving while under the influence of alcohol and driving while impaired by alcohol. Driving while under the influence or DUI can be proven by a test result of .08 or more or by evidence showing that the driver’s normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carry 12 points with the MVA and at a hearing the driver’s license may be revoked.\
Driving while impaired by alcohol or DWI can be proven by evidence showing that the driver’s normal coordination was impaired to some extent as a result of the consumption of alcohol. This offense can be proved by evidence of a test result of .07 or more, but less than .08. The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DWI also carries 8 points with the MVA and at a hearing the driver’s license may be suspended.
If the driver who has been found guilty of either DUI or DWI has not had a prior DUI or DWI in Maryland within the previous ten years, he or she may be eligible for a probation before judgment or PBJ. Call
Maryland DUI Lawyer
information.
Most DUI cases begin with the police officer stopping the defendant’s car for some observed violation of law. The Fourth Amendment to the United States Constitution requires that a police officer has what is known as articulable reasonable suspicion to believe the defendant has committed, is committing, or is about to commit a crime. Occasionally, the State is unable to prove that the officer had a legitimate reason for stopping the Defendant’s car.
In those cases, the Fourth Amendment exclusionary rule requires that the court grant a motion to suppress the evidence that is obtained by the police as a result of the illegal stop. That is usually the balance of the evidence in the case.
As a result, when the court grants a motion to suppress in District Court, the State is normally unable to proceed any farther and the court grants a defense motion for a judgment of acquittal. Contact
Maryland DUI Attorneys
for answers to your questions.
If the officer had a valid basis for stopping the defendant, the next question is whether the officer had sufficient evidence to require the defendant to exit the car for the purpose of conducting standardized filed sobriety tests.
Police officers are trained to perform a mini-investigation, to decide whether to have the driver exit the car. Frequently, police officers completely skip this step and ask the driver to exit.
The
Maryland DUI Lawyers
will respond to answer questions.
However, if the basis for the stop did not involve bad driving, and the officer has merely confirmed that the driver has consumed some alcohol, the court could hold the State has failed to establish sufficient articulable reasonable suspicion to have the driver exit the car.
When an officer stops someone who the officer has reason to believe has been drinking, he or she will typically require the driver to exit the car to perform standardized field sobriety tests.
V
The three standardized field sobriety tests approved by are the horizontal gaze nystagmus test, the walk and turn test and the one leg stand test. Based on the driver’s performance, the officer may offer the driver a preliminary breath test at the scene of the stop. Based on all of these tests, as well as any other observations made the officer, the officer may decide to arrest the driver. At the police station the driver is read a form that advises the driver of the license suspension penalties that result from failing the breath test or from refusing a breath test.
In many cases, after the breath test process or refusal is complete the officer has the discretion to release the driver. In other cases, the officer may present the driver to a District Court Commissioner to determine conditions of release.
In court, and at MVA license suspension hearings, a lawyer may be able to challenge what the officer did or failed to do during the investigation. If the defense is successful and the court finds the defendant not guilty, all court and police records may be expunged. In many counties, the typical sentence where there is no accident or injuries, if found guilty, is probation before judgment.
Offenders are usually placed on probation long enough to complete an alcohol education or treatment program and attend a Mothers Against Drunk Driving victim impact program a one-night meeting where offenders listen to drunk driving victims . Second offenders frequently serve a couple of weekends in jail. Call
Maryland DUI Attorneys
for answers to your questions.
In many cases, there is a viable factual and/or legal defense to the charges. The lawyer’s duty is to zealously pursue the interest of the client within the rules of ethics and the law, to achieve the best possible result for the client. In Maryland, it is important to see a lawyer as soon as possible after receiving these charges, to fully protect your rights.
What is DWI in Maryland?
In years past, the Maryland criminal laws focused on driving under the influence. We still hear it called drunk driving. Contact
Maryland DUI Lawyer
if you have questions
Maryland you’ve lost the normal control of your mental or physical faculties, to such an extent that you’re appreciably impaired, you are under the influence.
alcohol is an impairing substance. It’s what experts call a central nervous system Depressant. Central nervous system Depressants slow down your reaction times and thought processes.
So, while we may call it something different now, DUI in Maryland is still illegal.
The laws changed some years ago to reflect the fact that there could be confusion with DUI. There was such a connection to being under the influence and alcohol that it made sense to be a bit more general.
DWI stands for Driving While Impaired. People seem to understand you can be impaired by more than just alcohol. Illegal drugs can also impair your mental and physical faculties. That’s true too for legal drugs and prescription medications.
You can be convicted of DWI in Maryland if you’re impaired by a prescription. It’s not a specific intent crime. You don’t have to intend to be driving while impaired. It can be an accident. Men’s rea is not required. . Call
Maryland DUI Attorneys
for answers to your questions.
The law in Maryland is now entitled Impaired Driving in It still references driving a vehicle while under the influence.
The Maryland DWI laws make it clear there is more than one way to be found guilty of the charges.
To be clear, you do not have to be drunk to be convicted of DWI. It is not the same as drunk driving or drunken driving.
The State must prove, beyond a reasonable doubt any of these three things:
That you operated a vehicle on the public streets or highways of Maryland while subject to or under the influence of an impairing substance. Defense lawyers may refer to that as the appreciable impairment
That you have remaining in your body, at any relevant time after driving, alcohol measuring .09 or higher. Sometimes that’s mistakenly referred to as the per se prong of the Maryland DWI laws. Contact
Maryland DUI Lawyer
if you have questions
Again, impaired driving is not limited to drunk driving. While it’s true that if you’re driving drunk you can be convicted of DWI in Maryland, it’s not required.
The legal standard is much lower than you might realize. Impairment is said to be noticeable or discernable.
If you’ve consumed an impairing substance that can be appreciated, noticed or described by a law enforcement officer, you can be found guilty. That’s appreciable impairment.
For more information on DWI charges in Maryland, check out the MARYLAND pattern jury instructions.
Is DWI a Felony or Misdemeanor in Maryland?
Normally, with nothing else, DWI is a misdemeanor. But there are important exceptions.
This is true for many different types of criminal charges in Maryland. There are often exceptions to the general rule. Contact
Maryland DUI Lawyer
if you have questions
That is one reason it’s imperative to retain an experienced defense lawyer to help you understand what has become a complicated legal system.
DWI may be what defense lawyers calls a predicate offense for serious felony charges in Maryland. Impaired driving may even be a component of Murder charges and Manslaughter charges. . For answers to your questions, call
Maryland DUI Attorneys
And a substantial prior history of DWI in Maryland may subject you to mandatory jail time and Habitual Impaired Driving charges.
If you have been arrested or charged with DWI, it is imperative you speak with a defense attorney as soon as possible.
The Best DUI Defenses
If you have been arrested and charged with the crime of Driving Under the Influence of Intoxicating Liquor or Drugs DUI you understand that you are facing serious offense. You can lose your license, face mandatory fines and jail time. The task may be daunting but DUI cases are defensible. lawyer can help you identify unique issues in your case to identify the best DUI defenses available. Contact
Maryland DUI Lawyer
help.
In my practice, I have identified some of the most common, effective and typical DUI defenses that I come across. The following is a list of some of these defenses to give you an idea of how scientific and legal . issues form the basis for many types of DUI defenses
1.
Everyone has the right to consult with a lawyer during any stage of a criminal investigation before or after being arrested. In DUI investigations, this right is paramount because the time frames of a DUI investigation are critical in making the decision to obtain independent exculpatory evidence . Denial of that right can result in a DUI case being dismissed.
. For information, call
Maryland DUI Attorneys
.
A suspect in a DUI investigation has a right to consult with counsel if it will not unreasonably delay or impede the DUI investigation. If a motion to dismiss or suppress evidence is filed by the defense on grounds of deprivation of the right to counsel, the State has the burden to prove that any deprivation of the right to counsel would have interfere investigation;. If it cannot prove this delay the evidence must be suppressed e and the case dismissed.
. Any evidence obtained following the violation of a defendant's right to counsel must be suppressed, and often times a dismissal of the charges is the remedy when the State interferes with a defendant's inability to consult with counsel. For help, call
Maryland DUI Attorneys
.
Breath alcohol Testing Can Be Inaccurate.
Breath tests commonly referred to as breathalyzers, determine the particles of breath alcohol in your lungs and give a measurement of the blood alcohol level in your blood. This indirect measurement of your blood alcohol level can result in an inaccurate reading as a single test alone is not sufficient to determine the levels of alcohol in your system. For help, call
Maryland DUI Lawyers
.
The partition ratio is the ratio of alcohol levels in the blood as they relate to alcohol levels in the breath or lungs. Breath alcohol Testing relies on the presumption of a single partition ratio rating. However, variances in human physiology can result in different partition ratios than the ratio used as the basis for the breath alcohol test.
There are other factors that can suggest that Intoxilyzer or breath test reading can be high. Variances in body temperature during the administration of the tests result in false high readings. Even the breath instrument itself has an inherent 10% margin of error that can give false high readings.
A defense attorney, in consultation with a forensic toxicology expert, can identify breath testing issues that may produce a valid defense to the breath tests presented in a DUI case. When a defendant is drugged by someone without their knowledge or unknowingly drinks intoxicating alcohol. Our
Maryland DUI Lawyers
will answer your questions.
Illegal Stop of Person or Vehicle.
A driver cannot be stopped unless the officer has a reasonable and articulable basis to believe that a traffic law or other law has been violated nor can the driver be arrested unless a violation has occurred.
In all criminal cases, the State has the burden to prove that all evidence was obtained lawfully and in compliance with the Fourth Amendment of the United States Constitution. The Fourth Amendment protects all individuals from unreasonable searches and seizures. A police officer cannot stop a motorist based on a hunch or a guess. Similarly, it is not a crime to drive a vehicle late at night or for simply leaving a bar. An officer has to demonstrate an objective reason for a stop stop to justify any subsequent seizure or evidence obtained.
Field Sobriety Test is Inaccurate or Invalid.
Standardized Field Sobriety Tests are standardized . To be an accurate test, the test must be instructed, given, and performed the same way every time to even be considered an accurate predictor for cues of impairment . These tests are barely 60% to 70% accurate in some studies and are completely invalid when performed on individuals with disabilities, who are overweight, or the elderly.
Not all Field Sobriety Tests are standardized . Tests like Finger to Nose tests, balancing tests, or reciting the alphabet are not standardized field sobriety tests recognized by the Federal Government . Some of the tests are not even recognized by all police agencies. The relevance at trial of tests to demonstrate impairment is dubious at best.
An experienced DUI attorney can attack these field sobriety tests with some effectiveness, especially when no reports of bad driving are reported or the investigating officer is not qualified or did not properly administer the field sobriety tests. Contact
Maryland DUI Lawyer
if you have questions
No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.
A driver of a motor vehicle who recognizes they are a danger to the motoring public should safely get off the roadway. A motorist who is impaired but not driving a motor vehicle, or who is not in actual physical control of a motor vehicle should not be found guilty of a DUI.
The issue in these cases often comes down to a determination by a jury as to whether the driver was using the vehicle merely as a shelter before they regained their sobriety, or if they remained a threat or danger to the motoring public. Simply because one has a key in the ignition or the engine running does not mean the driver is in actual physical control. A jury must review the totality of the circumstances to determine whether a defendant's current or imminent control of the vehicle presented a real danger to himself or others at the time alleged Contact
Maryland DUI Lawyer
if you have questions
These are some of the most frequent DUI defenses that I have come across in my practice, but this list is by no means exhaustive of the defenses that can be presented. DUI cases present some of the most interesting and challenging issues regarding legal and scientific defenses. If you have been charged with a DUI, you should consult with
Maryland DUI Lawyers
to ensure you understand your rights in a criminal prosecution.
The Definitive Guide on How to Get Out of a DUI
If you have been charged with DUI or DWI, you are innocent until prosecutors prove guilt doubt. The burden of proof for the State is very high.
You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict. Inaccurate breathalyzer tests, police errors, medical conditions and dozens of DUI defenses can be used to fight a DUI and get DUI cases dismissed or charges reduced.
This is why the best DUI lawyers get DUI charges dismissed every day.
The best part?
Here are our tips on how to beat a DUI case using the twenty best DUI defenses. And they are all distilled from fighting thousands of DUI cases.
.
You can also win a DUI case in 2025 using legal motions, objections and aments that may have nothing to do with whether you were over the legal alcohol limit.
While DUI laws vary by state, legal defenses can be used to fight a DUI charge in all states including Maryland. For help, call
Maryland DUI Attorneys
.
Twenty of the best ways to fight a DUI:
Breathalyzer test errors or inaccuracy
DUI breath tests are the most common blood alcohol concentration test.
But did you know:
DUI breathalyzers don’t measure alcohol directly?
Instead, they measure breath alcohol then multiply that by a partition ratio to estimate alcohol. Breathalyzers assume a ratio of alcohol in your exhaled breath to alcohol in your blood of 1:twenty-one.
However, actual ratios of tested individuals range from 1:1300 to 1:3000 or more depending on: sex, body weight, breathing patterns, hematocrit levels and Ody temperature
Several issues can cause false positive breathalyzer results:
The device’s margin of error.
Improper maintenance , calibration, or use by the police officer.
Physical differences between drivers that affect the partition ratio.
Auto-brewery syndrome.
Even when a DUI test is executed flawlessly, experts agree that chemical testing has an error rate of between .005 to .02%. Contact
Maryland DUI Attorneys
for helpful information.
This allows our Maryland DUI attorney to fight even flawless test results between .08 and .10% because a .02% margin of error could lower the alcohol to below the legal .08 alcohol limit.
Ketosis from Atkins-style diets or diabetes.
Ketosis is a normal metabolic process triggered in your body when it it lacks sufficient carbohydrates from food for your cells to burn for energy.
Conditions such as diabetes, low carbohydrate diets such as Atkins-style or paleo diets or hypoglycemia can trigger ketosis.
Without sufficient carbohydrates, your body will burn fat cells instead and produce ketones. For people with diabetes, ketosis is typically a sign of not using enough insulin.
You may be wondering:
What do ketones have to do with DUI?
When ketones are eliminated from our bodies through breath and urine, they convert into alcohol. This mouth alcohol can cause breath testing instruments to read inaccurately high alcohol levels. There is no probable cause for the DUI stops.
Maryland DUI Lawyers
will be helpful.
Police DUI stops must be supported by reasonable suspicion or probable cause. Traffic stops are temporary detention by Police and considered a seizure under the 4th Amendment.
For DWI stops, the most common reasons Police provide are drivers exhibiting National Highway Traffic Safety Administration recommendations on speeding or running stop lights.
This is important:
If the officer does not have a reasonable suspicion or probable cause for the stop, your Maryland DUI lawyer can file a motion to suppress evidence to exclude any evidence obtained by illegal search. This suppression motion can exclude the DUI alcohol tests from admissible evidence, except for DUI sobriety checkpoints.
. For information, call
Maryland DUI Attorneys
.
Suppressing key evidence can significantly increase the chances of getting a DUI dismissed since Maryland laws requires police to prove with valid, admissible evidence.
Rising blood alcohol
Rising blood alcohol defenses apply when your blood alcohol level was below legal limits when driving, but rose above the Maryland blood alcohol limit by the time Police tested your blood alcohol level
might be wondering:
How do I prove my alcohol was below the legal limit?
A rising blood alcohol defense requires using a toxicology expert to examine the results of the alcohol test and evidence to create a retrograde extrapolation analysis that shows the driver had rising alcohol and was below the legal alcohol limit at the time of driving.
There was a significant delay between being pulled over and when the alcohol test is administered.
Your tested alcohol level was close to the Maryland alcohol limit, perhaps in the .08 to .11 range.
You were near your destination when stopped so you would not have been DWI. Auto-brewery syndrome refers to gut fermentation.
You did not exhibit other clear signs of intoxication such as traffic violations, swerving or slurred speech.
Auto-brewery syndrome
Auto-brewery syndrome is a rare medical condition where alcohol is produced in a person’s digestive system without drinking any alcohol. Sometimes very intoxicating amounts of alcohol.
The condition is most often linked to diets high in carbohydrates and refined foods and the overuse of antibiotic drugs. For those affected, yeast or bacteria in the intestinal tract convert sugar and carbohydrates into alcohol similar to the fermentation process of beer.
You cannot be born with auto-brewery syndrome, but medical conditions, like diabetes, Crohn’s disease, and short bowel syndrome can trigger too much yeast in the gut and set off the condition.
If the condition can be proven via recognized testing, a Maryland DUI lawyer can use this diagnosis to get a DUI dismissed.
Inaccurate DUI blood test
Blood testing for alcohol must follow strict protocols to ensure accuracy and there are several ways blood tests can provide inaccurate results.
One example is that it is common for blood samples to sit for days before analyzing. Blood decomposes due to enzymes and bacterial action. This decomposition can create alcohol in the blood.
Blood samples with no alcohol can generate alcohol readings of .25 or more, depending on the amount of fermentation. Fermentation can occur if a technician doesn’t properly refrigerate the sample or add the right amount of preservative.
Blood tests by law enforcement are presumed by courts to be accurate and the burden is on defense to prove that they are not. One way to accomplish that is to file a blood split motion to retest the blood and learn details about how the blood was stored and the alcohol blood test conducted.
The most common factors to taint DUI blood testing results are: improper storage of blood sample
Fermentation of the blood sample
Contamination of blood samples
If errors are found, contact your Maryland DUI lawyer to have the blood test results excluded from evidence. Suppressing evidence can win a DUI case since valid proof of at least a .08 alcohol is required for DUI conviction under Maryland law.
Inaccurate field sobriety test
Maryland’s Standardized Field Sobriety Tests are not accurate indicators of impairment.
There are only three field sobriety tests that have actual data to verify their accuracy:
Horizontal Gaze Nystagmus 77% accurate
One Leg Stand 65% accurate
Walk and Turn 68% accurate
And these results are for properly administered tests under ideal conditions, which often is not the case. Anyone who has taken a field sobriety test can attest they can be hard to pass sober, let alone on the side of a road in the middle of the night, on wet ground or when the wind is blowing. The
Maryland DUI Lawyers
will be helpful in every way.
Reasons for innocent test failures can include:
Poor coordination or non-athleticism
Nerves and police officer intimidation
Poor balance or vertigo.
Bad lighting or uneven surface conditions
Shoes or clothing that interfere with testing
DUI with no proof of driving
One of the key elements needed to prove you were driving under the influence is that prosecutors must prove you were driving the vehicle
.Proving DUI with no proof of driving can be a challenge for prosecutors:
If Police found you in a parked car
If your car was in an accident, but no one saw you actually driving the vehicle
. Violations of Maryland law.
Title 17 of the Maryland Code of Regulations sections lists many specific requirements for DUI blood alcohol tests. Contact
Maryland DUI Attorneys
for answers to your questions.
Key requirements include:
Technicians must not use an alcohol-based cleaning agent to sterilize the draw site.
Only authorized technicians may perform the blood draw.
The technician must add the correct amount of preservative and anticoagulant in the vial to ensure the sample does not ferment or clot. The preservative and anticoagulant used must not be expired
.
The preservative and anticoagulant must be properly mixed with the blood sample.
The blood sample must be properly refrigerated and stored.
If there are violations of Title 17 requirements, the alcohol blood alcohol test results may becalled into doubt or excluded.
. Our
Maryland DUI Attorneys
will answer your questions.
Call Maryland DUI Lawyers at 410 486-1800 for a free consultation
Get your DUI charges dropped or reduced and stay out of jail! Free consult with our award-winning DUI defense lawyers. Protect your record and future. Our DUI lawyers have won thousands of cases throughout Maryland.
Police report errors & misconduct
Police officer misconduct can cause DUI charges to be dismissed or evidence thrown out if police procedures aren’t properly followed, regardless of whether you were driving under the influence or not.
Some example issues include:
Failure to follow Maryland requirements
DUI Police report errors, inaccuracies or missing information
Fabricated, manipulated, or illegally obtained evidence
Police officer not giving truthful testimony in court
Mouth alcohol
Studies of Breathalyzers have shown that most cannot accurately distinguish readings for ethanol ethyl alcohol from other similar methyl group chemical compounds that can be in your mouth. DUI breath testers capture a sample breath of alveolar air from deep in your lungs.
This is key:
Equipment can also capture mouth alcohol that is not due to drinking alcohol. Mouth alcohol causes an alcohol breathalyzer test results accuracy issue because the device can show a false positive high alcohol with little or no actual ethanol in your body. When a defendant is drugged by someone without their knowledge or unknowingly drinks intoxicating alcohol. Our
Maryland DUI Lawyers
will answer your questions.
Mouth alcohol can be caused by:
Oral medications such as Nyquil, Anbesol, Vicks Formula 44, and some cough drops
Asthma inhaler ingredient Albuterol
Breath spray and oral herbal tinctures
Small amounts of alcohol-soaked food caught in dental work
Burping or regurgitating
. Gastrointestinal Reflex Disorder and medical conditions
Even the best Breathalyzer DUI breath tests are susceptible to false readings from the following medical conditions that can create mouth alcohol caused by acid traveling from the stomach to the mouth:
Gastrointestinal Reflux Disorder
Hiatal hernia
Heartburn or acid reflux
Improper DUI sobriety checkpoint
While some believe sobriety checkpoints are unconstitutional and violate probable cause protections, the Maryland Supreme Court ruled that DUI sobriety checkpoints are legal administrative inspections similar to airport screenings exempt from Constitutional requirements of probable cause. Call
Maryland DUI Attorneys
for help. your questions.
Even though police do not need probable cause to stop drivers at sobriety checkpoints, they are subject to many strict legal requirements:
The criteria for stopping drivers have to be neutral.
Police should publicly advertise roadblock locations ahead of time.
The time and duration of the sobriety checkpoint should show good judgement.
The checkpoint must display sufficient indicia for its official nature to be clear.
Supervising police officers must make the operational decisions.
Police should detain drivers for a minimal amount of time.
The checkpoint must be in a reasonable location.
Police must take adequate safety precautions.
If Police fail to meet these requirements, a skilled DUI lawyer can challenge any resulting DUI arrest.
innocent reasons for DUI symptoms
Police officers often testify that you exhibited physical signs and symptoms of drinking such as red eyes, slurred speech or an unsteady gait.
However:
These same physical signs can easily have innocent explanations that do not mean you were driving under the influence such as:
Slurred speech,stress, or fatigue.
Red or watery eyes , Allergy symptoms
alcohol odor on breath, Illness, oral medication
Unsteady gait, Physical injury
Flushed facial skin, Sunburn or Rosacea
Innocent explanations can help create a reasonable doubt about the physical signs and symptoms.
Disconnect alcohol & actual impairment
Sometimes defendants exhibit little to no impairment but tests show a high alcohol level. When this disconnect occurs, it is a red flag there’s a potential false positive alcohol test result that may be inaccurate. Our
Maryland DUI Lawyers
meet with you.
DUI defense attorneys can use this disconnect to effectively challenge the evidence and introduce a reasonable doubt about a critical element required to prove guilt.
Radio frequency interference
Breath test devices utilize electromagnetic and electrochemical technology to detect alcohol contained in a person’s breath.
These sensitive electronic devices are susceptible to interference from radio frequency interference and electromagnetic sources’ that can cause them to indicate erroneously high alcohol levels.
Devices that may cause reading errors include
Police radios
FM and AM radios
Microwaves
Police radar units
Security cameras
Cell phones
Prosecutors and police are usually quick to point out that a DUI breathalyzers may have a detector to refute the presence of radio frequency interference.
The problem is, independent expert tests of the detectors have shown they are inaccurate and there are frequency ranges the detectors simply cannot see. When devices emit interfering waves in those frequency bands, the detector will not detect them.
Maryland DUI Attorneys
are always helpful.
. Lack of mental impairment
Police officers almost always claim defendants exhibited physical symptoms of being intoxicated such as slurred speech, red or watery eyes or an unsteady gait.
The key:
Maryland DUI laws define both mental and physical impairment. DUI experts have found that impairment from alcohol and drug consumption will always appear first as mental impairment.
Our
Maryland DUI Lawyers
can answer your questions.
So, if a police officer testifies that you exhibited physical impairment, but not mental impairment, DUI defense lawyers can refute the accusation that you were DUI
The final three affirmative defenses involve the defendant admitting to DUI, but proving other facts that excuse or justify the criminal act under Maryland law.
Affirmative defenses are rarely used and the burden of proof is on the defendant. However, when the facts support it, the following affirmative defenses can provide a powerful defense at trial:
Involuntary intoxication
When a defendant is drugged by someone without their knowledge or unknowingly drinks intoxicating alcohol. Our
Maryland DUI Lawyers
will answer your questions.
For example,
:
If some third party spikes the punchbowl at a party and a defendant gets drunk as a result drinking what they believe to be punch.
However, you can generally only claim involuntary intoxication if you did not voluntarily take any intoxicating drugs or alcohol.
When a person has a valid reason to honestly believe he or she was not intoxicated.
An example mistake of fact would be if the defendant had provable reasons, they thought the impairment effect of a prescription medicine was gone.
In Maryland the legal defense of necessity excuses DUI when a defendant must drive when it is done only to avoid a greater harm in an emergency.
Criminal jury instructions outline how the accused can be acquitted of DUI if they:
. For information, call
Maryland DUI Attorneys
.
Acted in an emergency to prevent evil or significant bodily harm to themselves or another.
There was no adequate legal alternative.
The DUI did not create a greater danger than the one avoided.
, the defendant did not substantially contribute to the emergency.
Get Your DUI Charges Dropped or Reduced! Keep Your License. Free consult with our Former Prosecutors. Protect your record and future. We know how to get out of a DUI first offense, 2nd, 3rd or felony and nurse DUI. Our experienced For a free case evaluation, contact a Maryland DUI lawyer.
You now know twenty of our best defenses.
If you are wondering how to get out of a DUI in Maryland and want to hire a top DUI defense lawyer, we invite you to call for a Free consultation. No matter how smart you are, it is nearly impossible to fight
We defend people in twenty-three counties and Baltimore City and defend clients for all types of DUIs including first DUI charge, second and subsequent charges.
How to get out of a DUI or DWI?
Skilled DUI lawyers have many ways to get out of a DUI or DWI by identifying reasonable doubts or legal flaws in evidence needed to convict. a). alcohol L tests, police report errors, various medical conditions and improper police procedure can all be used to get out of a DUI in court.
How to fight a DUI charge?
Maryland law requires prosecutors prove that you were driving under the influence beyond a reasonable doubt. There are many blood test inaccuracies and police error defenses that can be used to fight a DUI charge, get evidence suppressed and the DUI dismissed.
Alcohol chart: Estimated blood alcohol chart
There are many factors that affect a person’s blood alcohol concentration alcohol when drinking. The blood alcohol level charts below estimate the alcohol effects of drinking based on the person’s: gender, weight and type of drink. Other factors can also affect alcohol levels, such as: what food is in your stomach, your liver function and how much water you have consumed.
You are driving a passenger for hire vehicle with a passenger such as Uber, Lyft and taxi drivers.
You hold a commercial driver’s license . This limit applies whether you are driving a personal or commercial vehicle.
.08% or higher: If you’re an adult, twenty-one years of age or older and hold a standard Maryland driver’s license with no restrictions.
The alcohol levels Maryland defined in the charts below are for adults aged twenty-one years or older that are not commercial license holders.
Bad lighting or uneven surface conditions
Shoes or clothing that interfere with testing
DUI with no proof of driving
One of the key elements needed to prove you were driving under the influence is that prosecutors must prove you were driving the vehicle
.
Proving DUI with no proof of driving can be a challenge for prosecutors:
If Police found you in a parked car
If your car was in an accident, but no one saw you actually driving the vehicle
. Violations of Maryland law.
Title 17 of the Maryland Code of Regulations sections lists many specific requirements for DUI blood alcohol tests. Contact
Maryland DUI Attorneys
for answers to your questions.
Key requirements include:
Technicians must not use an alcohol-based cleaning agent to sterilize the draw site.
Only authorized technicians may perform the blood draw.
The technician must add the correct amount of preservative and anticoagulant in the vial to ensure the sample does not ferment or clot. The preservative and anticoagulant used must not be expired
.
The preservative and anticoagulant must be properly mixed with the blood sample.
The blood sample must be properly refrigerated and stored.
If tHere are violations of Title 17 requirements, the alcohol blood alcohol test results may becalled into doubt or excluded.
Call Maryland DUI Lawyers at 410 486-1800 for a free consultation
Get your DUI charges dropped or reduced and stay out of jail! Free consult with our award-winning DUI defense lawyers. Protect your record and future. Our DUI lawyers have won thousands of cases throughout Maryland.
Police report errors & misconduct
Police officer misconduct can cause DUI charges to be dismissed or evidence thrown out if police procedures aren’t properly followed, regardless of whether you were driving under the influence or not.
Some example issues include:
Failure to follow Maryland requirements
DUI Police report errors, inaccuracies or missing information
Fabricated, manipulated, or illegally obtained evidence
Police officer not giving truthful testimony in court
Mouth alcohol
Studies of Breathalyzers have shown that most cannot accurately distinguish readings for ethanol ethyl alcohol from other similar methyl group chemical compounds that can be in your mouth. DUI breath testers capture a sample breath of alveolar air from deep in your lungs.
This is key:
Equipment can also capture mouth alcohol that is not due to drinking alcohol. Mouth alcohol causes an alcohol breathalyzer test results accuracy issue because the device can show a false positive high alcohol with little or no actual ethanol in your body.
Mouth alcohol can be caused by:
Oral medications such as Nyquil, Anbesol, Vicks Formula 44, and some cough drops
Asthma inhaler ingredient Albuterol
Breath spray and oral herbal tinctures
Small amounts of alcohol-soaked food caught in dental work
Burping or regurgitating
. Gastrointestinal Reflex Disorder and medical conditions
Even the best Breathalyzer DUI breath tests are susceptible to false readings from the following medical conditions that can create mouth alcohol caused by acid traveling from the stomach to the mouth:
Gastrointestinal Reflux Disorder
Hiatal hernia
Heartburn or acid reflux
Improper DUI sobriety checkpoint
While some believe sobriety checkpoints are unconstitutional and violate probable cause protections, the Maryland Supreme Court ruled that DUI sobriety checkpoints are legal administrative inspections similar to airport screenings exempt from Constitutional requirements of probable cause. Call
Maryland DUI Attorneys
for help. your questions.
Even though police do not need probable cause to stop drivers at sobriety checkpoints, they are subject to many strict legal requirements:
The criteria for stopping drivers have to be neutral.
Police should publicly advertise roadblock locations ahead of time.
The time and duration of the sobriety checkpoint should show good judgement.
The checkpoint must display sufficient indicia for its official nature to be clear.
Supervising police officers must make the operational decisions.
Police should detain drivers for a minimal amount of time.
The checkpoint must be in a reasonable location.
Police must take adequate safety precautions.
If Police fail to meet these requirements, a skilled DUI lawyer can challenge any resulting DUI arrest.
innocent reasons for DUI symptoms
Police officers often testify that you exhibited physical signs and symptoms of drinking such as red eyes, slurred speech or an unsteady gait.
However:
These same physical signs can easily have innocent explanations that do not mean you were driving under the influence such as:
Slurred speech,stress, or fatigue.
Red or watery eyes , Allergy symptoms
alcohol odor on breath, Illness, oral medication
Unsteady gait, Physical injury
Flushed facial skin, Sunburn or Rosacea
Innocent explanations can help create a reasonable doubt about the physical signs and symptoms.
Disconnect alcohol & actual impairment
Sometimes defendants exhibit little to no impairment but tests show a high alcohol level. When this disconnect occurs, it is a red flag there’s a potential false positive alcohol test result that may be inaccurate. Our
Maryland DUI Lawyers
meet with you.
DUI defense attorneys can use this disconnect to effectively challenge the evidence and introduce a reasonable doubt about a critical element required to prove guilt.
Radio frequency interference
Breath test devices utilize electromagnetic and electrochemical technology to detect alcohol contained in a person’s breath.
These sensitive electronic devices are susceptible to interference from radio frequency interference and electromagnetic sources’ that can cause them to indicate erroneously high alcohol levels.
Devices that may cause reading errors include
Police radios
FM and AM radios
Microwaves
Police radar units
Security cameras
Cell phones
Prosecutors and police are usually quick to point out that a DUI breathalyzers may have a detector to refute the presence of radio frequency interference.
The problem is, independent expert tests of the detectors have shown they are inaccurate and there are frequency ranges the detectors simply cannot see. When devices emit interfering waves in those frequency bands, the detector will not detect them.
Maryland DUI Attorneys
are always helpful.
. Lack of mental impairment
Police officers almost always claim defendants exhibited physical symptoms of being intoxicated such as slurred speech, red or watery eyes or an unsteady gait.
The key:
Maryland DUI laws define both mental and physical impairment. DUI experts have found that impairment from alcohol and drug consumption will always appear first as mental impairment.
Our
Maryland DUI Lawyers
can answer your questions.
So, if a police officer testifies that you exhibited physical impairment, but not mental impairment, DUI defense lawyers can refute the accusation that you were DUI
The final three affirmative defenses involve the defendant admitting to DUI, but proving other facts that excuse or justify the criminal act under Maryland law.
Affirmative defenses are rarely used and the burden of proof is on the defendant. However, when the facts support it, the following affirmative defenses can provide a powerful defense at trial:
Involuntary intoxication
When a defendant is drugged by someone without their knowledge or unknowingly drinks intoxicating alcohol.
For example,
:
If some third party spikes the punchbowl at a party and a defendant gets drunk as a result drinking what they believe to be punch.
However, you can generally only claim involuntary intoxication if you did not voluntarily take any intoxicating drugs or alcohol.
When a person has a valid reason to honestly believe he or she was not intoxicated.
An example mistake of fact would be if the defendant had provable reasons, they thought the impairment effect of a prescription medicine was gone.
In Maryland the legal defense of necessity excuses DUI when a defendant must drive when it is done only to avoid a greater harm in an emergency.
Criminal jury instructions outline how the accused can be acquitted of DUI if they:
Acted in an emergency to prevent evil or significant bodily harm to themselves or another.
There was no adequate legal alternative.
The DUI did not create a greater danger than the one avoided.
, the defendant did not substantially contribute to the emergency.
Get Your DUI Charges Dropped or Reduced! Keep Your License. Free consult with our Former Prosecutors. Protect your record and future. We know how to get out of a DUI first offense, 2nd, 3rd or felony and nurse DUI. Our experienced For a free case evaluation, contact a Maryland DUI lawyer.
You now know twenty of our best defenses.
If you are wondering how to get out of a DUI in Maryland and want to hire a top DUI defense lawyer, we invite you to call for a Free consultation. No matter how smart you are, it is nearly impossible to fight
We defend people in twenty-three counties and Baltimore City and defend clients for all types of DUIs including first DUI charge, second and subsequent charges.
How to get out of a DUI or DWI?
Skilled DUI lawyers have many ways to get out of a DUI or DWI by identifying reasonable doubts or legal flaws in evidence needed to convict. a). alcohol L tests, police report errors, various medical conditions and improper police procedure can all be used to get out of a DUI in court.
How to fight a DUI charge?
Maryland law requires prosecutors prove that you were driving under the influence beyond a reasonable doubt. There are many blood test inaccuracies and police error defenses that can be used to fight a DUI charge, get evidence suppressed and the DUI dismissed.
Alcohol chart: Estimated blood alcohol chart
There are many factors that affect a person’s blood alcohol concentration alcohol when drinking. The blood alcohol level charts below estimate the alcohol effects of drinking based on the person’s: gender, weight and type of drink. Other factors can also affect alcohol levels, such as: what food is in your stomach, your liver function and how much water you have consumed.
The Maryland alcohol limit for legal driving is:
.01% or higher: If you are under twenty-one years old or are on DUI probation for a prior DUI conviction
.04% or higher if:
You are driving a passenger for hire vehicle with a passenger such as Uber, Lyft and taxi drivers.
You hold a commercial driver’s license . This limit applies whether you are driving a personal or commercial vehicle.
.08% or higher: If you’re an adult, twenty-one years of age or older and hold a standard Maryland driver’s license with no restrictions.
The alcohol levels Maryland defined in the charts below are for adults aged twenty-one years or older that are not commercial license holders.
Motion to Mitigate Sentence - Motion to reduce a sentence.
Leading Question - Question that by its own wording suggests the answer desired.
Legal Aid - Professional legal services available to indigent persons.
Leniency - Recommendation for a reduced sentence.
Hearsay: Hearsay consists of out-of-court statements offered for the truth of their contents. For instance, a statement by a third party that the defendant admitted to a crime is hearsay, and is not admissible at trial.
Exceptions to the hearsay rule -- certain statements, while technically hearsay, are admissible in court because they were made under circumstances that experience shows guarantee their reliability. Among these exceptions are statements against interest, such as "I did it," blurts, dying declarations, and legally operative language, like "you can have it."
Pro Se - On one's own behalf, commonly used to refer to a party representing himself or herself in a court action, instead of being represented by an attorney.
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