Reader’s Question:

It shocked all of us when my sister was charged for DUI here in Gaithersburg, Maryland. Every family member and friends is doing their best to help her. What defenses she could use on her DUI case?

Boyd

Gaithersburg, MD

Several DUI defenses could be brought up in court to help your sister on her DUI case in Gaithersburg, Maryland. Her DUI lawyer could challenge the results of the breath test and blood tests. The breath test should be properly given, and if not, the police officer could be at fault, thus evidence can be suppressed. The DUI lawyer could also find out if the operator was not certified and the machine was broken. If the maintenance records were not provided per the lawyer’s request, the breath test results could also be in question. If your sister had something in her mouth at the time of the testing and the mandatory observation period was not followed, the result could be a high false reading.

The one who would conduct the blood test should be a phlebotomist who was trained properly so that proper blood draw procedures are followed. The chain of custody of the blood sample should be sufficient and the blood sample should not be tainted nor contaminated. The criminalist should also be certified. If either or none of these are followed, the evidence on the blood test could be suppressed.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

A close friend has just been charged with DUI in Towson, Maryland. Even if she worries about the cost, she still wants to get a DUI lawyer who would defend her. How much would a DUI lawyer cost her?

Casey

Towson, MD

If your friend is facing a DUI charge in Towson, Maryland, she needs a lawyer more than she needs practically anything. She needs someone who would fight for her rights. Unfortunately, your question as to how much a DUI lawyer would cost her is not a straight forward question. Cost can be determined by the specifics of the DUI case charged against her. It could depend on whether the DUI charge is a misdemeanor DUI or a felony DUI, whether the DUI is a first or a repeat offense, the expectations of the client, etc.

Most DUI lawyers require a retainer fee to get started. The retainer fee can vary, but the usual range is between $5,000 and $10,000 for a misdemeanor DUI case and up to $25,000 or more for a felony DUI charge. As we all have to understand, a DUI lawyer would typically require a greater retainer fee for a complex case than for a simple case.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

Is it true that acid reflux or heartburn can skew the preliminary breath test? We wanna know if we can use this as a defense because my husband has been arrested for DUI here in Ellicott City, Maryland.

Queenie

Ellicott City, MD

Yes, you can use that as a defense for your husband’s DUI charge in Ellicott City, Maryland. People arrested for DUI who are suffering from heartburn or acid reflux can cause an inaccurate breath test results. Any alcohol in the stomach can be forced back into the person’s mouth causing a high reading with acid reflux. The breath analyzer machines are designed to test the level of alcohol in a person’s breath in the lungs where oxygen is exchanged into the blood and CO2 is exchanged into the breath.

The breath test is supposed to measure the blood alcohol level which is based on the off gassing CO2 from the blood. It can be simply stated that acid reflux can put large amounts of alcohol into a person’s mouth causing the breath sample to register high on the test for alcohol even though that percentage of alcohol is not present in the blood.

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

Reader’s Question:

I was charged with DWI in Bethesda, Maryland. I heard that there are two kinds of cases a DUI suspect has to face in the State of Maryland, what are these?

John

Bethesda, MD

In the State of Maryland, there are two cases a person charged with DUI has to face. First is the administrative driver’s license action. During this first part of the case, you may likely lose your driving privileges because of your DUI charge in Bethesda, Maryland. There is a possibility of a partial or even complete suspension of your driving license.

The second part is the court case. This may mean facing a jail term and paying for financial penalties. There may be specific factors that will aggravate your case. These factors, if present, will more likely increase your penalties and punishments.

The factors I’m talking about include accidents resulting to partial or total disability, accidents resulting to death, incidents like delivering babies while inside a motor vehicle, and etc. In this situation, it is wise to hire a specialized DUI lawyer as early as the time of your arrest. Your DUI lawyer will be able to let you know the latest developments in the DUI legal framework and rules.

One important thing that you need to think of if you’re charged with DUI in the State of Maryland is that you need to apply for a Maryland Motor Vehicle Administrative hearing within 10 days from the date you were arrested. If this is not done, then your driver’s license will be suspended. Then, you have to hire an experienced DUI lawyer and he will be able to help you with your case.

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

Reader’s Question:

My daughter has just been charged with her first DUI Offense in Dundalk, Maryland. I know she’s starting to cause too much trouble for the family, but still we want to do everything to get her out of this. What are the possible defenses that we can use on her DUI case?

Hailey

Dundalk, MD

Maryland DUI cases are defensible despite what many people say. The prosecution’s case against your daughter’s DUI charge in Dundalk, Maryland will consist of evidence such as erratic operation of the vehicle, an odor of intoxicants coming from her or her vehicle, poor performance on the road side sobriety tests and most importantly, the results of the blood or breath tests.

One basic defense for a DUI case is if the police officer failed to read your daughter her Miranda Rights. When she was arrested, the officer must advise her of her Miranda Rights in a Maryland DUI case if she is in custody and they question her seeking to illicit an incriminating response. If the officers asked her questions after placing her in custody for DUI, and did not first read her the Miranda rights, any statements she made may be excluded from evidence. Another possible defense is if the field sobriety tests were improperly administered. If this is the case, then the results of the officer’s investigation can be attacked in several ways. Not every possible DUI defense applies in every case, but at least it would give you an idea on how to attack the police evidence.

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

Reader’s Question:

I live in Silver Spring, Maryland and I usually go out with my friends every Saturday night and have two drinks and not worry about driving home. I always say to myself that I won’t be drunk and therefore, I won’t have any DUI issues. Do you think that what I do is safe?

Garry

Silver Spring, MD

You also might be saying to yourself that you live in America and in this country, we have rights and that we are innocent until proven guilty in a court of law and that applies to all cases, even DUI cases in Maryland.

You might want to think twice about that, Garry. First of all, I have to say it is probably not safe to even have two drinks and drive yourself home. Depending on the quality and size of those two drinks, it could be enough to get you in hot water. One lousy drink is enough to get you arrested for DUI in Silver Spring, Maryland. If the police officer smells alcohol on your breath, he is more likely than not going to arrest you for DUI. The standard question that they would ask is, “have you had anything to drink tonight?” If you answer yes, you would have to take some tests to find out if you have been driving under the influence. These are the field sobriety tests and probably you would have a ride to the station. If you answer no and if the police officer smells it, it would have the same result. I am not an advocate of the field sobriety tests or police coordination exercises as others like call them. These tests engineered for you to fail so don’t engage in the officer’s exercises, which they “grade” in order to find a reason for them to arrest you.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

I was convicted for DUI here in Columbia, Maryland. Part of my punishment is to enroll in DUI alcohol education classes. How much would this cost me and what is the objective of these classes?

Aliya

Columbia, MD

Since you have been convicted for DUI in Columbia, Maryland, you would face DUI alcohol education. The judge will take into account certain factors such as your DUI record, your blood alcohol content when you were arrested and other specifics relevant to your case before he/she orders you to enroll in such classes. The classes that you will take must be approved by the court and will be paid by you. The cost ranges from under $100 to a few hundred dollars. The court should also receive documentation when you have finished your course work.

In Maryland, the court views successful completion of alcohol education as a reason to reinstate your driving privileges. Your insurance company can also lower your insurances rates upon successful completion of such course work. The objective of DUI alcohol education is to discuss the effects that alcohol and/or drugs can have on a person’s body. There may also be open and frank discussions centered on the consequences of drinking and driving and how it can affect other people’s lives.

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

Reader’s Question:

My son was convicted for DUI here in Baltimore, Maryland and we were told by someone that we can never find an insurance company who can offer him a cheap SR22 auto insurance. How can we ever find a cheap or at least the lowest rate SR22?

Sally

Baltimore, MD

SR22 auto insurance is required by the Department of Motor Vehicles (DMV) since your son was convicted for DUI in Baltimore, Maryland. They deem that drivers who have DUI conviction are “high risk” drivers that’s why they need to get at least the minimum level of liability coverage on their vehicles. The insurance company who would give your son coverage for his SR22 auto insurance would guarantee that he would keep the insurance in effect for three years.

I have to be honest with you that it is really hard to find a cheap SR22 auto insurance. Because of that, you have to be patient in finding at least the lowest rate SR22 auto insurance in the market. The simplest way that I could suggest on how to find the cheapest rate for your son’s SR22 auto insurance is to compare quotes from at least five different insurance companies. That way, you can find the best auto insurance who would give your son coverage for his SR22. You can also speak with an experienced agent who would be able to guide you to the cheapest policy available for your specific situation.

Tags: drunk driving insurance, DUI, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

My cousin has just been recently charged with DUI here in Maryland. It would seem unfortunate because she just moved here from another state a few months ago and just got her Maryland driver’s license. Anyway, what are the things that she should do following her arrest?

Kurt

Germantown, MD

Since your cousin was charged with DUI in Maryland, she would actually have two different cases. The first one has something to do with the administrative driver’s license action and the other one would be the court case.

In the administrative case, she may lose her driving privileges. There may be either partial or complete suspension of her driver’s license. Because of that, she has to apply for a Maryland Motor Vehicle Administrative hearing within 10 days from the date of the arrest. Otherwise, her driver’s license will be surely suspended. After this very important step, she should hire an experienced DUI lawyer who would guide her further on the matter. That’s because she will now be facing the court case on her DUI trial. A worse situation would develop if her case is proved to her disadvantage in court. This means that she may have to face jail term and also pay penalties. That is why she has to make sure that the DUI lawyer she will be hiring is a qualified one who would help her gather information, use expert witnesses, and present her case so she has the best chance of prevailing.

Tags: DUI, DUI lawyer

Reader’s Question:

My father has just been recently convicted of DUI here in Maryland. We fully understand the effects of this on our lives, especially on his. Is there a way that we can be able to clear his DUI record?

Matt

Dundalk, MD

You may have some options available to clear your father’s DUI record in Maryland. After a DUI conviction, your father can seek a new trial from the court. His DUI lawyer can ask the court for a new trial if there was an error in the admission of evidence at his trial or some other procedural problems. Your father would be allowed to present his entire case again if the judge grants his request for a new trial, and with a new jury this time. Your father’s record will be cleared if he is found not guilty after the second trial. The legal effect of this is that as if he was never convicted.

Your father may be eligible to appeal his DUI conviction if the judge refuses to grant him a new trial or he loses at his second trial. If there is an error of law at his trial, or the jury completely disregarded the facts, he may have grounds for an appeal. This would involve filing briefs with the court and an oral argument. Your father will not be required to appear or participate in the appeal. If his appeal is successful, his DUI conviction will be reversed, and his record will be cleared.

Tags: DUI, DUI lawyer