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Baltimore DUI Lawyers

1. Rosenberg, Lawrence: Rising Alcohol Defense in DUI/DWI Cases Drunk driving statutes across the country are not always uniform in how they describe the degree of inebriation that is required for conviction for driving under the influence (DUI) and driving while intoxicated (DWI). However, they do generally provide that it is unlawful to have an excessive blood-alcohol concentration at the driving of driving Š not at the time of being tested. The statutes in most states provide provisions for a per se illegal offense when a motorist's blood-alcohol level is at or above 0.08%. As it often takes between 45 minutes and three hours for alcohol to be absorbed into a person's system, a motorist's blood-alcohol concentration may continue to rise even after the motorist has been stopped or arrested. Anyone who has been arrested for DUI or DWI knows that it frequently takes an hour or more after the initial stop before a chemical test, such as a blood, breath or urine test, is given to the motorist. Therefore, even if the motorist's blood-alcohol concentration was only at 0.07% when he was stopped, by the time the motorist is tested the blood-alcohol concentration may have risen up to 0.12%. In effect, the chemical test will show that the motorist's blood-alcohol concentration was above the legal limit when it was actually below the legal limit at the time the motorist was driving. Conversely, a motorist may be intoxicated when he is driving and is stopped, but if he is no longer absorbing alcohol into his system, as the time elapses before the test, his blood-alcohol concentration will drop. Most states have legislation that creates a presumption that the blood-alcohol concentration level found at the time of testing is the same as when driving, as long as the test is done within a set time limit. In other words, the statutes ignore the science of rising blood-alcohol concentration and hold that the blood-alcohol concentration level found in the chemical test is accurate for the time when the motorist was driving. This means that the motorist has the burden of proving, generally through the use of a toxicology expert, that his or her blood-alcohol concentration was actually lower at the time of the initial stop.
2. Sellers, Gerald: Personal Injury * Automobile negligence * Slip and fall * Product liability Workers' Compensation Criminal Defense * Misdemeanors * Felonies Traffic and DWI Medical Malpractice Wills and Trusts * Power of attorney * Living wills * Estate administration Property Law * Deed transfers * Life estates General Litigation Domestic Law * Child support * Separation agreement * Uncontested divorce
3. Wray McCurdy: Before juries begin the deliberation process, courts provide instructions regarding applicable law or procedure. In criminal trials, courts generally instruct jurors regarding the phrase "beyond a reasonable doubt." This instruction is given primarily because the Constitution has been interpreted to require that each element of a crime be proven "beyond a reasonable doubt." Although this phrase is well known and used in courts across the nation, many courts have adopted accompanying language that varies the overall meaning. Such modifications are considered proper so long as the constitutional protections afforded criminal defendants are satisfied.
4. Michael Ramsey: Statements made at any stage of a criminal prosecution can be critical to your successful defense.  You need a skilled criminal defense attorney as early as possible.
5. Jason Kobin: Punishment for drunk driving has become increasingly severe in the past twenty years. In earlier days, people convicted of drunk driving often faced little real punishment if they had not injured anyone or destroyed any property. However, modern laws typically provide for significant jail or prison time and large fines for all offenders. First-time offenders may be given a "break", such as a suspended sentence conditioned on treatment for substance abuse or attendance at drunk-driving school. The penalty for second or subsequent offenses, however, often includes mandatory minimum jail or prison sentences that cannot be suspended or waived, and stiff fines. The punishment also usually includes revocation of driving privileges for a certain period of time, but it is important to note that the most severe restrictions on the offenders' driving privileges usually come from the state's administrative regulations, which are not considered part of the criminal sentence. In fact, many defendants have unsuccessfully attempted to argue that a suspension or revocation of their drivers' licenses by the administrative agency in addition to the criminal sentence is double punishment that is barred by the double jeopardy clause of the Constitution.
6. Marc Atas: The consequences of a criminal conviction can be devastating. These charges must be vigorously defended.
7. Leslie Gladstone: Your defense is about asserting and protecting your constitutional rights.
8. Michael Mastracci: If you are convicted of a major offense, then you may be subject to a jail sentence. Driving While Intoxicated is one example of an incarcerable offense. If you are charged with an offense of that nature, then you must appear in court. Unlike minor offenses, you do not have a choice of paying a fine or going to court. If you have been charged with a major offense, you will receive a summons in the mail that will include the date, time and location of the trial. Be sure that you go to the correct courtroom at the time indicated on the summons.
9. >Lynda Dee: In Maryland, a person may not drive, or even attempt to drive, while being either intoxicated or under the influence of alcohol or drugs or alcohol and drugs. Being behind the wheel with the keys in the ignition even if the motor vehicle is not running may be determined to be attempting to drive.
10. Brian Brown: With the recent public outcry against DWI, states have taken a strict, hard-line position towards offenders. More than ever, competent, experienced representation is needed. Believe it or not, your license to drive could be suspended without a hearing if you fail to act immediately after being stopped and charged with DWI or DUI.
11. Kahn, Smith & Collins: A law enforcement officer may stop and detain you if he or she reasonably suspects that you are operating your automobile while under the influence of alcohol. This suspicion or "probable cause" most often consists of the officer's direct observations of your driving. Should a police officer observe you violate any traffic law, for example, crossing lane markers, running a red light or speeding, you can expect to be detained. It is at this initial roadside encounter that the officer's observations may form the basis for probable cause. Nearly all drunk driving cases begin with the arresting officer noting "blood-shot eyes" or "a strong odor of alcohol."
12. Cohen & Dwin: You've been arrested for drinking and driving in Maryland. You took the breath test and your license is confiscated. You're given a flimsy piece of paper that acts as your temporary license until you get some kind of hearing where they'll probably take your license away for real. But don't they care? You still have to work, and there's no public transportation anywhere near your job site. Now your wondering if you should have refused the breath test. And all of this is before you go to court!
13. Bruce Robinson: In Maryland once you are stopped for suspicion of DWI several legal rights attach to protect you freedom but responsibilities also attach. For example, the officer will endeavor to give you several field sobriety tests including a preliminary breath test. While you are under no legal obligation to engage any of these tests, many drivers choose to attempt them. The problem with the field sobriety tests is that they are foreign tests, usually done on the side of the road, at night in the dark, while the driver is nervous and anxious. The officer tells the driver what she is supposed to do, the officer is supposed to demonstrate the test and then the officer watches the driver attempt to carry out the test taking copious notes every time the driver does something she is not supposed to do. Before you know it, the driver is arrested, handcuffed, placed in the back of the police cruiser and whisked off to the police barracks for a formal breathalyzer test which will be used in court to prosecute the case. Maryland DUI / DWI Laws Once you are stopped for suspicion of DUI or DWI, you have certain legal rights to protect your freedom and your license to drive, but responsibilities also attach. For example, the officer will ask you to perform several field sobriety tests, including a preliminary breath test on the street. While you are under no legal obligation to perform any of these tests, many drivers still choose to attempt perform the tests. The problem with field sobriety tests is that they are awkward physical exercises of dexterity and concentration offered under extremely tense circumstances. Most drivers could not adequately perform the tests under ideal circumstances, much less on the side of a busy road in the early morning hours. These Maryland DUI and DWI field sobriety tests are usually conducted on the side of the road in the dark of night when the driver is already nervous and anxious. When drivers attempt these DUI and DWI field sobriety tests, the police officer is instructed to take copious notes of infractions which are subsequently used in court to help convict the driver of their DUI charge. More often then not, when you do something right, it does not appear anywhere in the officerÕs report. Therefore, do not agree to take the field sobriety test (FST); politely decline and do not assist the officer in building a case against you. If you have already taken the FST, do not be concerned. In the officerÕs zeal to build his case against you, we have found the arresting officer may not administer the field sobriety tests correctly as instructed under the National Highway Traffic Safety Administration (NHTSA) protocols by which they were trained. Mr. Robinson is also trained and certified to administer the same FST tests just like the Maryland State Police. You may be asked to provide a breath sample on the side of the road, what is referred to as a Preliminary Breath Test. A Maryland Driver is not required to perform this test under Maryland Law 16-205.2. The refusal to take this test is not admissible against you; if you do elect to give a breath sample, this result is also not admissible against you in a Maryland Court. Either way, there are special rights that the Maryland Driver has regarding this test under Maryland Law 16-205.2 which the officer is required to inform you about, typically in written format. If he fails to do so, this may be helpful to your defense on a number of different levels. The Preliminary Breath Test (PBT) however, should not be confused with the breath test that the officer will ask you to perform at the police barracks. No matter what you ŅblowÓ on the PBT, you will be asked to give another sample at the barracks after you have been advised of additional rights under Maryland Law 16-205.1. These rights will be given to you on a form known as a DR-15. Again, Maryland Law requires all drivers to be advised of these specific rights, in writing, prior to any breathalyzer test being administered to a Maryland Driver. If the officer fails to advise the driver of these rights, in writing which you sign, the results of the driverÕs test will not be admissible in a Maryland Court. The procedure and the results of the driverÕs breath test at the police barracks are very important as often times they can be the strongest piece of evidence to convict a Driver of drunk driving in Maryland, DUI/DWI. Maryland Law 21-902. In addition to the foregoing, the police are trained to make observations about the driver's personal appearance (slurred speech, watery eyes, breath, clothes) and more importantly, any admissions the driver makes. That means, just like on TV, anything the driver says, can and will be used against them in Court. Please bear this in mind when answering questions posed by the police. By far, the best policy in any type of police encounter, including a Maryland DUI/DWI arrest, is not to say anything until receiving the advice of a competent Maryland DUI Lawyer. Do not answer questions regarding what you had to drink! Importantly, the driver is advised that you have an absolute right to speak with a Maryland DUI Attorney of your choosing prior to taking any field test (which you should not do) or giving any breath sample. Maryland Law is clear that Drivers have a right to speak with counsel at the time of or shortly following their arrest, but prior to any breath sample. Shockingly, the Police will not advise you of this right upon your arrest. It is up to you to know your rights and to ask to speak with a competent and experienced Maryland DUI Attorney. If you or a friends has been arrested on a DUI or DWI charge in Baltimore or throughout the state of Maryland, you must seek competent and aggressive legal representation. You have legal rights which must be exercised on a timely basis, or you will lose them.