Reader’s Question:

My sister was charged with DUI in Towson, Maryland and his lawyer is doing everything to build a strong defense. My question is what issues can be raised in a DUI arrest during the criminal trial?

Vanessa

Towson, MD

The very first issue that can be raised in a DUI arrest is if the DUI stop was legal under the Fourth Amendment. In general, there would be three kinds of recognized police-citizen encounters. The first one is the level one encounter where an officer does not stop a person but merely approaches without seizing or stopping him/her in a public place in order to say hello or ask how the person is doing.

The second kind of police-citizen encounter is an investigatory detention or traffic stop. A traffic stop should be based upon “articulable suspicion” and this means that the officer should give a reason for the stop and the stop must not be based on a guess or hunch. Many times an officer would stop citizens on a guess or hunch, and their hunch may be correct but that is illegal and if proven, all evidence being would be thrown out of court or suppressed. The third kind of police-citizen encounter is an arrest that is based on “probable cause.” Your sister’s DUI case in Towson, Maryland could be thrown out of court if the arrest was not based on “probable cause” that she is a less safe driver based on alcohol or drugs consumed prior to or while driving.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer, DUI trial

Reader’s Question:

I have read that in some DUI cases here in Baltimore, Maryland, blood alcohol test has been proven inaccurate. What are the things that could affect the results of the blood alcohol test?

Robert

Baltimore, MD

Apparently, laboratory testing errors could occur in blood alcohol testing in measuring the blood alcohol content for someone who is suspected for DUI. This can actually render any test result inaccurate. But the most significant concern for blood alcohol testing is whether the test is of the “blood serum” or of the “whole blood.” Police crime laboratories in Baltimore, Maryland would test the “whole blood” and would produce the blood alcohol content (BAC). But several clinics and hospitals test only the “blood serum,” which results in a BAC that can be 25% - 33% higher than a “whole blood” test result.

Blood alcohol test results could also not be helpful or inaccurate if rubbing alcohol is swabbed before drawing the blood sample. The person may also have high blood ketones, as in diabetic ketoacidosis which could affect the result of the test. It can also have an effect on the test results if the person takes herbal supplements and cough medicines that contain alcohol, such as kava or ginseng.

Tags: blood alcohol test, DUI, DUI lawyer

Reader’s Question:

I have to be honest that I’m afraid of what might be the outcome of my DUI charge here in Silver Spring, Maryland that’s why I know that I need the help of an attorney who would help me defend my case. What can a DUI attorney actually do for me if I hire one?

Kyla

Silver Spring, MD

I understand that you are afraid of what might happen on your DUI case in Silver Spring, Maryland but there is a very good chance that a DUI defense attorney can be of big help. You need to know that there are a lot of challenges that can be made to the DUI charge that you are facing. A DUI defense attorney would raise all the applicable challenges for you so your DUI defense is as strong as possible. One of the areas that a DUI attorney would first look into is the way you were arrested. The DUI attorney would dig deep and find out the police mistakes that were made during your DUI arrest.

Maybe you would think that a DUI attorney could just fill out the forms and talk to the District Attorney but you need to be open and know that the best choice is to fight. A DUI defense attorney’s goal is to get you off, to have your DUI charge off your record and to prevent you from losing your driver’s license and your freedom. A DUI attorney, at the very least, would make sure that you are being treated fairly.

Tags: driver’s license, DUI, DUI lawyer

Reader’s Question:

I know that just like breath testing, police officers in Columbia, Maryland require some kind of certification in conducting field sobriety tests for a DUI arrest. But if they don’t pass the exams, are they allowed to re-take the exams?

Efren

Columbia, MD

Field sobriety testing in a DUI investigation is a very interesting topic that you might just want to try and experience conducting it to someone who is suspected for DUI. But yes, just like the breath testing, field sobriety testing requires training and certification before police officers, including those in Columbia, Maryland, could actually be able to administer the tests in DUI suspects. Standardized Field Sobriety Test (SFST) training should be 16 hours and must include at least two controlled drinking sessions utilizing volunteer drinkers.

In order to validly complete the classroom portion of the training, SFST candidates should complete a final examination with a score of not less than 80%. Candidates who scored less than 80% on the final exams may be retested one time under the supervision of a SFST instructor. The retest should be done not less than 15 nor more than 30 days following the completion of the classroom training. The exam used should not have been administered to the candidate previously. If the candidate doesn’t achieve a passing score on the re-examination, the candidate must re-take the classroom portion of the training and pass the final exams.

Tags: breath test, DUI, DUI arrest, DUI lawyer, field sobriety tests

Reader’s Question:

My husband and I don’t have any record for DUI, my husband being a social drinker and I don’t drink at all. What I don’t understand is that my teenage son got so early into drinking and what’s even worse is that he usually drives himself home after a party. What could be the reason for teens to get into drinking and driving? I’m afraid that my son would cause or be in an accident and be charged for DUI here in Dundalk, Maryland.

Carol

Dundalk, MD

During the phase of a teenage life, teens usually get excited and have fun by starting to explore the world without noticing that they are still a little teenager of probably the age near thirteen to sixteen. Drinking and driving seems to be a new activity that teenagers have begun to explore and for them, this sounds very exciting. You may be aware of the statistics on teenage drunk driving so it’s understandable that your son might just be in an accident in Dundalk, Maryland that is caused by drinking and driving.

Teenagers are so anxious to drink alcohol but majority of them have poor driving skills. The main reason why teens are so eager to drink in this early stage of their lives could be blamed on getting tempted to do so since their friends are into it as well. By being ‘in,’ they think that they could look cool and funky; and even look cooler if they drive after consuming alcohol. Drunk driving is an activity that could be related to excitement but yet so dangerous that can even take one’s life away forever. I know that you are concerned about your son being in an accident and be charged with DUI so you can talk to him and tell him the consequences that he is facing with drunk driving.

Tags: advice, DUI, teen DUI

Reader’s Question:

I wonder if police officers in Wheaton-Glenmont, Maryland are required to conduct field sobriety tests in a DUI arrest. And would a failure on these tests be a probable cause for an officer to arrest a driver whom he suspects to be drunk driving?

Bryant

Wheaton-Glenmont, MD

In general, police officers in Wheaton-Glenmont, Maryland are required to administer field sobriety tests (FST’s) before issuing summons for DUI. These psychological and physical tests are intended to provide police officers with information necessary to determine if the motorist is under the influence of alcohol or drugs. FST’s are also necessary because an officer should have probable cause to make an arrest and unless he has portable breath test equipment in his vehicle, FST’s are ordinarily the only basis for establishing probable cause for a DUI arrest. Moreover, FST’s also provide evidence that the police could rely upon in attempting to prove a DUI or refusal case where blood alcohol level could not be established through blood or breath tests.

There are a lot of issues which could be raised with regard to administration of FST’s. Certainly, many times officers fail to conduct the tests properly thereby destroying the value of the tests. In other cases, test results are exaggerated or misinterpreted and this could be brought out during the course of a DUI case. If the weight of FST’s could be eliminated or significantly reduced, then the prosecutor could be unable to satisfy his burden of establishing probable cause for the drunk driving arrest.

Tags: blood alcohol test, breath test, DUI, DUI arrest, field sobriety tests

Reader’s Question:

I pleaded not guilty on my DUI case here in Frederick, Maryland. I hired a DUI lawyer to represent me. What would happen to my case now after the arraignment?

Amelia

Frederick, MD

After hiring a DUI lawyer to represent you on your DUI case in Frederick, Maryland, during the discovery process, the lawyer would demand that the State reveal all evidence mounted against you to determine the strengths and weaknesses of the State’s case. This would include video surveillance, police reports, confessions, witness statements and any other tangible form of evidence known to the State. The disclosure of this evidence would give your DUI lawyer the information that he/she needs to determine if this evidence was obtained legally and lawfully. The evidence that is obtained outside of procedure laid out by Maryland law would be inadmissible and otherwise not available to the prosecutor seeking a DUI conviction against you.

The disclosure of the evidence would also allow your DUI lawyer to take depositions, have experts review equipment used by law enforcement while obtaining evidence, such as video surveillance equipment or breathalyzers, which could then be utilized in formulating a defense. Developing a strong defense would be an invaluable tool in negotiating the breaking down or dismissal of charges with the prosecutor assigned to your DUI case. Remember that an assistant state attorney would never disclose the weaknesses of a case to you and would seek a conviction if evidence or witnesses are otherwise unavailable to them, or if evidence was obtained illegally and unusable.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I was arrested for DUI in Aspen Hill, Maryland and what happened to me was so weird because I think no one actually saw me driving under the influence. I know I had a few drinks but I was driving fine and I wasn’t driving anymore at the time the officer came up to me so how can I be arrested for DUI?

Dale

Aspen Hill, MD

At some point, there could be several conditions this can happen. The officer might be following you and observing the way you drive. Perhaps you made some errors, driving too slow, no turn signals, swerving or some other traffic violation.

One other way to prove that you were driving under the influence is if another driver or pedestrian “called in” via cell phone. The officer would receive the tip and then locate you. If you were still driving at the time of the call, the officer will follow you and make his own observations. If you have already stopped and the person who called in is reliable or known, the officer would come up to your car and begin the process. During your DUI trial, the person who called would have to be a witness in order to show probable cause for the officer to detain you and administer field sobriety tests.

Finally, it would come down to location and unless you could prove that someone else was driving, your presence in the driver’s seat with the car engine off on the side of the highways in Aspen Hill, Maryland could be sufficient to prove you were driving.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest

Reader’s Question:

My first court date is getting near for my DUI charge here in Germantown, Maryland. What happens if I don’t get a lawyer in time for my arraignment?

Stephan

Germantown, MD

It is definitely okay if you don’t get a DUI lawyer in time for the arraignment of your DUI case in Germantown, Maryland. You wouldn’t have to worry because usually, arraignments are very simple. During the arraignment, your DUI charges are formally read into the court record, then your plea of either guilty or not guilty is entered and you are given another court date.

But there are things that are critical before or during the arraignment of your DUI case like not speaking to anybody about your DUI case. Don’t talk about it to the judge, clerks, prosecutor, and don’t even talk about it in the hallway with your friend. If anyone who is a court officer overhears you say something incriminating about your DUI case, it can be used against you. When your name is already called, simply tell them that you are waiting to speak to your DUI lawyer. You may enter a not guilty plea or the judge will do so on your behalf, and that should be it. Then you would get another court date to appear at a pretrial conference, usually about a month or so in the future.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

We heard about this suppression motion that can be filed on a DUI case and we really don’t understand what it means. So, what does suppression motion mean? Maybe it would help a lot in my father’s DUI case here in Bowie, Maryland.

Zoraida

Bowie, MD

Suppressible evidence can be defined as evidence that is obtained by illegal means, in bad faith and could not be introduced in a criminal trial. A great example of this is that if your father was arrested in Bowie, Maryland because of DUI but at an illegal DUI checkpoint. The evidence from him may be excluded even if that evidence showed that his blood alcohol content (BAC) was above the legal limit.

In any DUI case, motion to suppress usually address issues such as probable cause for the stop, the results (and administration) of the chemical tests used to determine BAC, results of all field sobriety tests, any statements made by the defendant, or some combination of all of the above. Moreover, the procedures of the BAC tests could give rise to a suppression motion, such as situations where the proper procedures were not believed to have been followed. In DUI cases like these, evidence obtained as a result of the suppressed test would also be suppressed, such as observations that occurred during the administration of the test, or confessions made during the test’s administration.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer