Reader’s Question:

I heard that here in Towson, Maryland, you can avoid going to county jail if you are convicted for DUI by having some sort of other punishments like highway cleanup. How true is this and would there be any other alternative for jail?

Lina

Towson, MD

If someone is sentenced to jail for the crime of DUI in Towson, Maryland, or anywhere in Maryland for that matter, there are other alternatives to going to county jail. This is called alternative sentencing and examples of this are highway cleanup, community service, electronic monitoring, drug rehabilitation/sober living environments and work release.

The highway cleanup is more physically demanding work, such as picking up trash by the side of the freeway. This may seem a tough work but at least you can go home afterwards, take a shower, eat a good meal and sleep in your own bed with not unwanted roommates. Community service is working in a court-approved program and electronic monitoring means wearing an ankle bracelet which detects alcohol consumption by monitoring excretions from the skin. Drug rehabilitation/sober living environments is a program for those who are struggling with drug or alcohol addiction. The work release is a dorm-like setting wherein the participants go to work during the day and return at night by a specified time. In general, weekends are spent in the work release environment as well since the only allowable release is for work.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

My father has a federal DUI case here in Gaithersburg, Maryland and he refused the chemical test when he was arrested. Is it true that she is facing additional consequences because of his chemical test refusal?

Vern

Gaithersburg, MD

Yes, it’s true, since your father refused to chemical testing on his federal DUI case in Gaithersburg, Maryland, he may face additional consequences. Motorists on federally owned land are subject to federal implied consent law which means that anyone on suspicion for DUI should submit to a breath, blood or urine test to determine the blood alcohol content (BAC).

Refusing to submit to a chemical test is a misdemeanor under the Code of Federal Regulations and it carries a penalty of up to six months in federal prison, a fine or both. The motorist could be denied driving privileges on federal lands for one year, starting on the date of the DUI arrest. Federal DUI case is a serious charge that could result in paying fines, serving time in jail, or both so it is very important for your father to have a lawyer who is experienced in handling DUI charges. A criminal defense lawyer who has knowledge about federal DUI defense would fight hard to minimize or even eliminate the consequences of a DUI arrest on federal land.

Tags: blood alcohol content, blood alcohol test, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My sister would have to do community service and drug rehabilitation/sober living environments because she was convicted for her DUI case in Columbia, Maryland. What does she have to do with that and how do those programs work?

Kenneth

Columbia, MD

Community service and drug rehabilitation/sober living environments are two of the alternative DUI sentencing programs in the state of Maryland. Instead of going to jail, your sister would just have to do the conditions of the programs as part of her conviction for her DUI charge in Columbia, Maryland. In doing the community service, she would have to work in an approved program to substitute for her jail time or fines. Community service is commonly not hard physical labor, and it would be particularly desirable for someone with injuries or other limitations.

When ordered as a condition of release pending the resolution of the DUI case or as part of a DUI sentence, drug rehabilitation/sober living environments offer an attractive alternative to serving time in jail for those who are struggling with alcohol or drug addiction. The time spent in the rehabilitation could count as time spent in jail, but it would likely require the efforts of a DUI attorney to make sure that the proper credits are awarded.

Tags: DUI, DUI conviction, DUI lawyer, DUI penalties

Reader’s Question:

I was told that my brother could have alternative sentencing like the electronic monitoring if he gets convicted for his DUI case in Silver Spring, Maryland. May I ask you to please explain to me what electronic monitoring is and what can it do for my brother?

Barbie

Spring, MD

If your brother is convicted for his DUI charge in Silver Spring, Maryland and sentenced to jail, he does not necessarily have to go to jail. In the state of Maryland, there are certain alternatives to having to go to county jail. The alternatives that are available would vary from county to county, and even court to court within a given county. But an experienced DUI defense attorney would be familiar with these options and would be your best hope to negotiate one that meets your needs best.

One of the programs on the alternative sentencing is the electronic monitoring wherein your brother would have to wear an ankle bracelet, with or without sensor that detects alcohol consumption by monitoring excretions from the skin. Electronic monitoring programs are said to offer flexibility by allowing the person to leave his/her home at authorized times including work, grocery shopping, religious services, alcohol education programs, etc.

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

Reader’s Question:

Is it true that I will be facing a federal charge in case I get arrested for DUI here in Baltimore, Maryland?

Cole

Baltimore, MD

Most of the DUI cases in the state of Maryland are prosecuted in the state district court, but DUI arrests that occur on federally owned land are prosecuted in federal court. A lot of drivers arrested for DUI in certain locations like Baltimore-Washington Parkway and all military installations, are surprised to know that they are facing charges in federal court. These types of DUI cases are extremely complex and should be handled by a DUI lawyer with experience defending federal DUI charges.

The location of a federal drunk driving case would determine the laws that are applied. Under the Assimilated Crimes Act, there are certain offenses that are committed on federal lands that are prosecuted under the laws of the state where the arrest took place. Some other cases would be prosecuted under the federal law. So always be careful when driving in Baltimore, Maryland, especially if you had something to drink. Better yet, don’t drink and drive so you won’t be charged with a federal offense if you get caught drunk driving.

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

Reader’s Question:

My daughter was given a test she mentioned as the preliminary breath test when she was arrested for DUI here in Wheaton-Glenmont, Maryland. What is this test and what are its possible flaws?

Lashawn

Wheaton-Glenmont, MD

The preliminary breath test (PBT) that was given to your daughter when she was arrested for DUI in Wheaton-Glenmont, Maryland is simply a hand-held breath test. This is usually part of the field sobriety testing conducted by police officers in a DUI investigation.

There are certain administrative agency rules concerning the use of the preliminary breath test. Obviously, if these rules are not followed, there could be possible flaws in the use of the device. The preliminary breath test could not have a systematic error exceeding 10%. Of course, this would call into doubt any blood alcohol content reading of 0.08%. Furthermore, the test should be maintained pursuant to the manufacturer’s procedures and instructions. If you ask the officer what these procedures are, what type of device or PBT was used and if the officer answers he doesn’t know, that means the government doesn’t comply with the rule. The PBT doesn’t have any evidentiary exceptions to basic rules of evidence as does the official test after the DUI arrest.

Tags: blood alcohol content, breath test, DUI, DUI lawyer

Reader’s Question:

I have a friend here in Bowie, Maryland who told me that there could be other factors that cause nystagmus if a person would take the horizontal gaze nystagmus test. Aside from intoxication, what are the other causes of nystagmus?

Randall

Bowie, MD

As found in different studies, there could be other factors that cause nystagmus aside from intoxication. Conditions such as motion sickness, eyestrain, hypertension, glaucoma, changes in atmospheric pressure, sunstroke and eye muscle fatigue could result in gaze nystagmus. The consumption of common substances such as nicotine, aspirin or caffeine could also lead to nystagmus almost identical to that caused by alcohol consumption.

Also, a person’s biorhythms or circadian rhythms could affect nystagmus readings. Our body would react differently to alcohol at different times in the day. Taking these things into consideration, a researcher suggested that the angle of onset should be decreased five degrees between midnight and 5 a.m. The National Highway Traffic Safety Administration manual recommends removal of all contact lenses because this can also cause nystagmus. So if you or someone you know will get arrested for DUI in Bowie, Maryland and asked to take the horizontal gaze nystagmus test and fail it, remember that not only intoxication could be the cause of failing the test but it could be something else that is unrelated to alcohol.

Tags: DUI, DUI lawyer, field sobriety tests

Reader’s Question:

I was charged with DUI here in Germantown, Maryland and I just had my arraignment a few days ago in which I plead not guilty. Will my DUI case automatically go to trial after the arraignment?

Ely

Germantown, MD

Your DUI case in Germantown, Maryland would not automatically go to trial after your arraignment. That’s because you would still have to go through pre-trials and motions. Pre-trials are your dates with the court in which your DUI lawyer collect further DUI reports and information from the prosecution and argue appropriate DUI motions to the court. An example of the argument is that the DUI stop or the arrest was illegal. During this phase, your DUI lawyer would also negotiate your DUI case with the prosecutor and/or the judge. If you reach a settlement of the DUI case that everyone is happy with, you could enter your plea to the court.

There could be numerous pre-trials before the DUI case would be resolved or brought to trial. This pre-trial process could take anywhere from a few weeks to several months. It would be during this period that the DUI lawyer “works up” the DUI case with a view to securing a reduced charge or preparing a persuasive case for the jury trial. If a plea agreement would be reached, your DUI lawyer could either bring you to court to enter the plea or have you sign the relevant documents in their office, have the documents notarized and bring the documents to court.

Tags: DUI, DUI arrest, DUI lawyer, DUI trial, plea bargain

Reader’s Question:

I don’t know if I would fight my DUI case in Aspen Hill, Maryland or maybe just plead guilty. Shall I take any chance I have and go to trial?

Earl

Aspen Hill, MD

You have to keep in mind that anyone who pleads guilty to DUI would be convicted of DUI. A staggering percentage of those convicted are placed on probation. If you take your DUI case in Aspen Hill, Maryland to trial, you could lose, but you definitely have a chance to win and pleading guilty means a hundred percent chance that you will lose. Probation will not be guaranteed after losing a jury trial, but most misdemeanor DUI cases usually end up in probation, even after jury trial. Every DUI case in unique and yours needs to be assessed on its particular facts and that would require an in-depth review of information.

Taking your DUI case to trial would have its pros and cons. Of course, trials don’t happen as quickly as pleas of guilty. A DUI case trial is generally very stressful for the defendant. You have the ultimate decision if you would take your DUI case to trial and you must carefully weigh all the facts with your DUI lawyer before making that decision. Without knowing the details of your case, it would be impossible to intelligently answer if you should take your case to trial.

Tags: DUI, DUI lawyer, DUI trial, probation

Reader’s Question:

After my DUI charge in Bethesda, Maryland, I understand that my auto insurance would likely go up because I need to get SR22 insurance along with it. I’m getting frustrated now because I can’t seem to find a low SR22 car insurance. What are the things that I can do to lower the cost of my SR22 auto insurance?

Helena

Bethesda, MD

There are a lot of things that you could do to actually lower the cost of your SR22 auto insurance after your DUI charge in Bethesda, Maryland. The first option that you have is that you could simply raise your deductible. If at all possible, you could try to obtain an auto insurance with a deductible of one thousand dollars. But if you are very much worried that you could not afford a higher deductible, then you might want to set aside any money you’re saving from using a lower premium deductible. While carrying an SR22 auto insurance form, you could lower your actual auto insurance. For you to be able to get the lowest possible auto insurance, you could actually lower your current coverage to the state required minimum.

The SR22 auto insurance is required by the Department of Motor Vehicles as a proof of financial responsibility. If you are getting frustrated because you can’t seem to find a low SR22 auto insurance, you might be surprised to find the lowest possible rate if you get an online rate quote now from this very website.

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