Baltimore DUI Lawyers
- Allan Rombro:
Your driver's license could be suspendedÑeven if it doesn't have toÑsimply because you requested an MVA hearing too late. If you fail to ask for a preliminary hearing for your criminal DUI charges, your right to have one is waived.
-
Hassan, Hassan & Tuchman:
Drunk
driving laws vary from state to state, to the extent that even the
terms used for drunk driving will vary. In the state of Maryland, driving under the influence or DUI
can be proven by a test result of .08 or more, and or by evidence
showing the driver's normal coordination or by evidence showing that
the driver's normal coordination has been substantially impaired as a
result of the consumption of alcohol. Driving while impaired by alcohol or DWI
can be proven by evidence showing that the driver's normal coordination
was impaired to some extent as a result of the consumption of alcohol,
and or by a test result of .07 or more, but less than .08.
Avoid Penalties | Know the Law
Although
it is not illegal to have a drink and drive (unless you're underage),
it is illegal to be impaired, intoxicated or under the influence, and
the penalties can be significant. For a DUI, the maximum penalty is 1
year and $1000 for a first offense, 2 years and $2000 for a second
offense, and 3 years and $3000 for a third offense. A Maryland DUI also
carries 12 points with the MVA (Motor Vehicle Administration) and the
individual's driver's license may be revoked in a separate office of
administrative hearing. Drivers who have been found guilty of a DUI,
and have not had a DUI or DWI within the past five years, may be
eligible for a PBJ or probation before judgment. This means the driver
is placed on probation for a set period of time, and the driver must
not have any additional violations. Timing is critical
in drunk driving cases tried in Maryland courts, and our Baltimore
drunk driving defense lawyers will help make sure you do not sacrifice
your driver's license for actions which are easily avoided, such as
requesting a hearing with the Office of Administrative Hearings within ten days of your arrest.
Skilled Drunk Driving Defense | Results Oriented Approach
The
results in your will case depend upon the facts of your case. Did you
take a field sobriety test? What was your blood alcohol content (BAC)?
- Flemming, Dominic:
In Baltimore it is no secret that jury trials are rare,
particularly in criminal cases involving driving offenses like DUI /
DWI, drug possession, weapons violations, and other disorderly
infractions. In these cases, successful court determinations often
hinge upon minutes of decisive advocacy before one prosecutor, and one
judge.
THE DRUNK DRIVING DUI DWI PROCESS
The legal process for a DUI, DWI, Drunk Driving charge is often lengthy and involves multiple legal proceedings. An attorney is invaluable for all of these procedures and the person charged with drunk driving, DUI, DWI should contact an attorney immediately. Each case is different and there is much discretion in each proceeding. Different proceedings have different standards of proof and rules on the admissibility of evidence. Your lawyer must be aware of these differences because the consequences of this type of charge are great.
If a person is stopped and is suspected of DUI, DWI, Drunk Driving, the police officer will usually ask the driver to get out of the car and perform a number of tests. It is a separate offense to refuse these tests, but only if you are convicted of the DUI, DWI, Drunk Driving offense. These tests must be administered properly and in conformance with standards set by the National Highway Transportation Safety Administration (NHTSA). The tests must be given by a person qualified to administer such tests. Many conditions other than the consumption of alcohol affect oneÕs performance on these tests and your lawyer must know of these conditions.
If the officer believes you are intoxicated you will be taken into custody and offered a breath or blood test to determine the alcohol concentration in your blood. These tests must also be performed by qualified persons on proper equipment. Your lawyer must know these requirements, because a defect in the procedure means the difference between guilty and not guilty.
If you refuse to take the test or fail the test you will be charged with DUI, DWI, Drunk Driving. Your license will be taken from you and a temporary license issued. The officer usually will place you under arrest and you will be detained until you see a commissioner who will release you on your own recognizance or set a bail. The officer does have the discretion to issue you a citation and tell you when to report to a commissioner. Ask him or her for that option. Be sure you have someone available who can come and pick you up.
As soon as possible after your release contact an attorney experienced in DUI, DWI, Drunk Driving law. This arrest could result in the loss of your privilege to drive and incarceration in the state penitentiary. This consequence seldom occurs for a first offender, but some judges will put a first offender in jail. Your lawyer must know these judges and be aware of the steps necessary to take to avoid these harsh consequences.
Your temporary license paper work will contain a form for requesting a hearing concerning your privilege to drive. This must be filled out and filed with the Office of Administration Hearings within ten days of your arrest or your license will be suspended. An arrest and conviction for driving while your license is suspended under these circumstances is punishable by up to a year in prison and a $1000.00 fine.
It is imperative that you see an experienced DUI, DWI, Drunk Driving attorney immediately. There are a few circumstances where it might be in your best interest NOT to ask for a hearing. Be sure that your lawyer is aware of these circumstances.
At your administration hearing the administrative law judge determines if the officer had reasonable grounds to believe you were drinking and driving and depending on the test results will suspend your license, if such a finding is made. An experienced DWI, DUI, Drunk Driving lawyer is a must for such a hearing.
If you refuse the test and it is your first refusal your license must be suspended for 120 days. You will not be given a restricted license that allows you to get to work or to receive medical treatment. If you take the test and the results are 0.15 or more your license will be suspended for 90 days with no possibility of a restricted license for a first offense. If you take the test and the results are more than 0.08 but less than 0.15 your license will be suspended for 45 days for a first offense and you will be eligible for a restricted license, but it is not a right, but within the discretion of the administrative law judge.
The blood alcohol concentration is affected by your body weight, the number of alcoholic drinks you have consumed, the time duration of your consumption and the amount of alcohol in each drink. Testing out at 0.08 or greater does not require that much drinking. A 150 pound person could be legally intoxicated after only three regular drinks. To calculate blood alcohol concentration go to www.ou.edu/oupd/bac.htm. The results are not perfect, but will give you a good estimate.
The penalties for second and subsequent offenses get steeper and steeper.
Some suspensions may be modified if you and your lawyer take necessary steps to make it happen. Be sure you have the right lawyer for this hearing.
The next proceeding is your trial in the District Court of the county or city where the offense occurred. Here you have many more rights than at the administrative hearing and the judge has much greater discretion than the administrative law judge. Your lawyer must be able to guide you through the complexities of this proceeding, he must know the tendencies of the particular judge in this type of case, and he must be prepared to defend the case at trial even if you were as drunk as the proverbial sailor on shore leave. The State must prove you guilty at this proceeding using only the evidence that is legally admissible.
If you are found guilty you could be sent to prison, assessed 12 points on your license, and then subsequently have your license revoked at yet another administrative hearing. Get the right lawyer.
There are many legal defenses that an experienced DUI, DWI, Drunk Driving lawyer can raise for you at trial. Listed below are just some of the defenses that Dominic J. Fleming has raised and successfully used in defense of persons charged with these offenses.
1. Illegal stop of the vehicle.
2. Illegal arrest of the person.
3. Illegal questioning by the police.
4. Field sobriety tests improperly demonstrated, performed, conducted, or administered.
5. Exclusion of non standardized tests.
6. Illegal breath test.
7. Breath test not timely conducted.
8. Breath test performed on invalid or improperly calibrated equipment.
9. Breath test conducted by non qualified person.
10. Breath test conducted by person whose license has expired.
11. Breath test equipment has malfunctioned.
12. Breath test equipment has lost its certification, been improperly maintained, or is otherwise defective.
13. The police officerÕs testimony is insufficient, unreliable, or not supported by other evidence.
14. The medical or health problems of the driver and not intoxication caused the conclusions of the police.
15. Weather, road, or traffic conditions caused the conclusion and not intoxication.
16. Lack of proof to show that the Defendant was the actual driver.
17. Failure of the police to preserve evidence such as dispatch tapes and radio transmissions.
18. Improper or inadequate warnings by the police before any tests are performed.
19. The police believed the person was intoxicated and wrote a report confirming that belief.
20. Past actions of the police in charging these offenses when the tests proved they were mistaken.
21. Failure to give the person charged a speedy trial.
22. The Defendant consumed alcohol after the incident and not before.
23. The police officer was unable to perform the tests under perfect conditions.
Being charged with DWI, DUI, Drunk Driving is embarrassing, stressful, and will impinge on your life. Be sure your course through the system is taken with an experienced trial lawyer that will get you the best possible outcome.
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