Is there a way that I can avoid serving time in jail after my DUI arrest here in Bowie, Maryland?

Frank

Bowie, MD

A DUI arrest could mean paying hefty fines, having a suspended driver’s license and even serving time in jail. If you are facing a DUI charge in Bowie, Maryland, you have to hire the best lawyer you can afford and make sure that the lawyer has experience handling DUI cases. A lawyer who specializes in DUI arrests would know the legal loopholes and defense strategies to help you avoid jail. You also have to know the laws because each state has different DUI laws and they are constantly changing.

You also might want to attend a treatment program and DUI school. You can avoid jail time in Maryland by participating in various programs. You would also have to challenge even the smallest details of your DUI arrest. Small technicalities could spell out the difference between community service and serving a prison sentence. Also, remember that your pocket can also suffer if you get convicted. Not only that you have to pay fines and have jail time, a DUI can also have an impact on your car insurance so you have to do everything to avoid a DUI conviction.

My father has a federal DUI case here 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.

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.

My daughter was given a test she mentioned as the preliminary breath test when she was arrested for DUI here in 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.

Hi, my name is Elena, I live in Gaithersburg, Maryland and I’m very much curious about the one-leg stand that is used as a test in a DUI arrest or something. Could you please explain to me how this test is being done and how would this be related to being under the influence?

Elena
Gaithersburg, MD

The one-leg stand is said to be one of the dreaded divided attention tests. Presumptively, highly trained scientists have assessed that driving is a divided attention task which means that it requires you to do two things at once. Assuming that you get arrested for DUI in Gaithersburg, Maryland, in doing the one-leg stand, the police officer would ask you to observe him and follow his instructions. He would also ask you if you have any injuries or physical impairments that would prevent you from standing on one leg. He would tell you to stand with your feet together and your hands at your side.

The officer would demonstrate the one-Leg Stand for you; he would stand with feet together and hands at his side. Then he would raise one of his feet approximately six inches off the ground with his knee straight, would point his toe, then look at his toe and counts to thirty by one thousands or one-one thousand, two-one thousand, three-one thousand and so on. If you have not fallen down at this humiliation, he would then tell you to start. The clues that the officer is looking for as signs of being under the influence would be losing your balance during the instructions, starting during the instructions, swaying, putting your foot down, raising your hands more than six inches from your side, hopping. Hypothetically, the more clues that you have, the drunker you are.

My sister was charged with DUI in 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

I have to be honest that I’m afraid of what might be the outcome of my DUI charge here in 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.

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.

I wonder if police officers in 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.

I live in 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.