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Baltimore DUI Lawyers

1. Patton, Richard:
   What are"standardized field sobriety tests (SFST's)?
   
   
   Often referred to as SFST's, or standardized field sobriety tests, SFST's are designed to be used by law enforcement to determine the level of intoxication of a person suspected of DUI/DWI.  In Maryland the SFST's typically consist of the 1) walk & turn test, 2) one-leg-stand test, and the 3) horizontal gaze nystagmus test (HGN). While the courts generally attempt to refrain from refering to the SFST's as "tests" they are an accepted tool for police to establish probable cause for a DUI/DWI arrest. Performance on the SFST's can also be used as evidence to acquit or convict a defendant at trial. The following is a brief description of each of the above SFST's:
   
   
   Walk & Turn- a test used to determine the ability of a suspect to display balance, spatial orientation, and coordination by requiring the individual to walk heal-to-toe along an imaginary straight "line" for a set number of paces, then turning 180 degrees, and walking back in the same manner. The law enforcement officer will conclude that individuals who step off the straight line, miscount the number of steps, fail to properly (and gracefully) perform the 180 degree turn, or fail to keep "heal-to-toe", are unable to safely operate an automobile.
   
   
   One Leg Stand- Another test designed to measure both balance and cognitive function by requiring a suspect to stand on one (1) leg, with the other foot raised approximately 6 inches from the ground, while counting aloud to some specific number, usually thirty (30).  A person who cannot accurately count, cannot remain on one (1) leg for the required time, or whose arms are raised substantially above hip level will be determined to have exibited clues as to his/her inability to safely operate a motor vehicle.
   
   
   HGN- This test exploits the fact that alcohol causes a person to lose some level of control over their muscle functions, not just those muscles related to balance are affected, but every muscle in one's body, including the eye muscles. Typically this SFST requires a suspect to follow the tip of a pen or other object with their eyes while keeping the head still. The officer observes the eye moving from left to right as it follows the pen.  Individuals who have consumed alcohol will typically exhibit a spasm of the eye muscle as the eye approaches the extremes of the field of vision. This increase in eye "spasm" is known as nystagmus and gives a clue as to the amount of alcohol consumed by the individual.
   
   
   Many police officers receive extensive training on the proper administration of SFST's.  They also receive training on how to convince a suspect to take the SFST's which are optional and NOT required under Maryland law.  A properly administered SFST will be conducted on a level, gravel/debris-free surface, and will first be demonstrated by the officer.
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3. Lutz, David: What happens when I am stopped by a police officer for driving under the influence (DUI)? In a typical situation a police officer pulls a vehicle over for erratic driving behavior or for violating a traffic law such as running a red light, speeding or failure to attach a front tag. At this point you have to make a decision. If you have had two drinks or less you may want to cooperate. If you have had more than two drinks you will probably be arrested for DUI whether you cooperate or not, so why help the State convict you. Once the police officer approaches the car, the police officer may smell an odor of alcohol. As the police officer approaches your vehicle he begins to make observations as to your sobriety and starts asking some questions to aid in determining if you qualify as a DUI or not. You are under no obligation to answer any of the questions the police officer asks regarding any drinking that you had done that evening. The only information you have to provide to the police officer is your license and registration and you owe the police officer no other obligation to answer any of the other questions. Once the police officer smells an odor of alcohol on your breath, the police officer will typically ask you to exit the car and ask you to do field sobriety tests. In Maryland there are three standard field sobriety tests, including horizontal gaze nystagmus, the walk and turn test and finally the one leg stand test. There is no requirement that you do any of the field sobriety tests, however, I cannot remember the last time someone has refused unless they were too intoxicated to even perform the test. If you refuse to do the field sobriety tests, you will probably be arrested anyway, but it will make the StateÕs Attorneys job more difficult to prove that you were in fact driving while intoxicated when you go to court. If you take the field sobriety test and fail them, then the police officer will place you under arrest for driving under the influence and then taken back to police station where you will be asked to take a breathalyzer test. Under Maryland Law if you do not take the breathalyzer test then your drivers license may be suspended, however, the fact that you did not take the breathalyzer test is not admissible in the traffic court proceeding at the District Court level. If you take the breathalyzer test and fail it, meaning you getting a .07 or higher then there is a presumption that you were driving under the influence (DUI), when the case goes to a court hearing. If you have had one or two drinks you probably will pass the breathalyzer test and you should go ahead and take the breathalyzer test. If you have had more than two drinks, then you will need to weigh what is more important to you. If you do not take the breathalyzer test, then your license will probably be suspended by the Motor Vehicle Administration. However, if you take the breathalyzer test and fail the StateÕs case against you for DWI will be much easier to prove. If you are on a federal highway, like the Baltimore-Washington Parkway or federal property you do not have the right to refuse the breathalyzer test. After you take the breathalyzer test and blow a .07 or higher, then you will be taken before a court Commissioner who will then set a bail and release you on your own recognizance. If you cannot pay the bail, then you have a right to a bail review on the next available court date, at which time a District Court Judge will review your bail status and set a new bail. You have the right to have an attorney at the bail review and you also have the right to ask for an attorney before you decide to take the breathalyzer test. Once you are released from jail, your case will be scheduled for trial sometime in the next three to six months. Your trial will start out at the District Court level, unless you want a jury trial, then your case will be removed to the Circuit Court. top of page What typically happens when you go to traffic court in a DUI, DWI, Drunk Driving case? If it is your first offense, the best disposition in your particular case, other than a not guilty would be a probation before judgment. If you are found guilty in a driving while intoxicated or driving while impaired case you will automatically receive either 8 or 12 points from the Motor Vehicle Administration which could result in suspension or revocation of your drivers license. If you receive a probation before judgment and the court strikes the finding of guilty and places you on probation, then you do not receive any points from the Motor Vehicle Administration because it is not a guilty finding. Often, in a first offense, unless there are aggravating circumstances like an accident, the defendant can receive a probation before judgment and will receive a fine and will have to attend alcohol classes and may have to attend AA meetings. A typical probation can last anywhere from six months to two years. For a second DWI or more, then the StateÕs Attorney usually asks for a period of incarceration, as well as larger fines and longer periods of alcohol programs. It is extremely important to have an attorney. An attorney will be able to explore any possible defense in order to avoid conviction in the first place and then if convicted the attorney can aid you in avoiding the harshest penalties.
4. Mark Epstein:

   Maryland DWI & DUI Legal Process Outline

   The legal penalties for a DWI or DUI charge are not resolved in one proceeding. Rather, the penalties are encountered at several stages of the legal process. In addition, the consequences depend greatly on the individual case. The stages and corresponding legal penalties are summarized below.

   The Arrest

   Once an officer decides to charge an individual with DWI or DUI the first set of consequences are immediate arrest and confiscation of the individual's driver's license. A temporary license is issued.

   The First Administrative Hearing

   The next stage is the first administrative hearing, in which a judge effectively decides how long driving privileges will be suspended after the temporary license expires. This hearing must be requested within 10 days of arrest or privileges are suspended without a hearing. (See next section for important details about requesting this hearing).

   A judge bases his/her decision to suspend a license on whether or not there were reasonable grounds for the DWI/DUI charge. Below are the guidelines that judges follow when they do find reasonable grounds and order suspensions.

   1. For a DUI charge mandatory 45-day suspension on a first offense. Mandatory 90 day suspension for a second offense.
   2. For a DWI charge up to 60 days suspension on a first offense.
   3. If an individual is charged with DWI or DUI and refuses to submit a breath or blood test he/she faces a penalty of a 120-day suspension. For a repeat offense the penalty for refusal is 1 year.

   The District Court Hearing

   Guilt or innocence is decided during the next stage, a court hearing by a District Court Judge. When a judge finds a defendant is guilty common consequences are summarized below:

   Driving Under the Influence (DUI)

   1. 1st Offense: Fine up to $1000 and/or up to 1 year imprisonment
   2. 2nd Offense: Fine up to $2000 and/or up to 2 year imprisonment
   3. 12 points on your MVA Record

   Driving While Intoxicated (DWI)

   1. 1st Offense: Fine up to $500.00 and/or 60 days imprisonment
   2. 2nd Offense: Fine up to $500.00 and/or 1 year imprisonment
   3. 8 points on your MVA Record

   * The State's Attorney may file subsequent offender papers that allow enhanced       penalties for repeat offenders.

   The Second Administrative Hearing

   In addition, if found guilty by the district Court judge, an individual may be required to reappear before an administrative law judge for a second hearing for the issuing of further penalties. These penalties may include the possibilities of suspension, revocation, or restriction.