Right from the start, my DUI lawyer here in Maryland has advised me that the state has a strong case against me so I’m thinking if we would still fight this. Anyway, I’m also thinking about the car insurance of my parents because I’m under their policy. Will their car insurance premiums increase because of my drunk driving charge?

Gauge

Gaithersburg, MD

Even if the state has a strong case against you on your DUI charge, your DUI lawyer Maryland can still be able to help you. You just have to make sure that the DUI lawyer Maryland defending you is very much experienced in handling such cases. About the car insurance of your parents, you have to understand that your DUI can affect their premiums since you are a named driver on their policy. All of the driving records of licensed drivers on a car insurance policy or in a household could influence the rates and also the decision of the car insurance company to cover the vehicle. Some traffic offenses could be a ground for a car insurance company to deny you for coverage or to ask you to pay high-risk car insurance.

If a driver has a poor driving record, he/she is considered to be higher risk to a car insurance carrier than a driver who has a good driving record; hence their premiums are typically higher. A DUI or any other serious traffic offense by one driver could have an effect on the entire car insurance policy. However, if the car insurance premiums of your parents rise because of your DUI, you can advise them to shop around for car insurance. By comparing different car insurance quotes, they can surely find an insurer that can offer a better rate.

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.

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.

I was charged with DUI here in 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.

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.

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 pleaded not guilty on my DUI case here in 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.

My first court date is getting near for my DUI charge here in 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.

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.

I was charged with DWI in 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.