Owings Mills DUI Lawyers
- Singleton & Gendler:
If the arresting officer took your driver's license, you must, within
ten days of your arrest, request an administrative hearing with the
Maryland Motor Vehicle Administration (MVA). Under most circumstances,
if an administrative hearing is not requested within ten days, your
license will be automatically suspended.
- Leonard Shapiro:
All states have "implied consent" laws that require drivers suspected
of DUI to submit to some form of chemical test (breath, blood or urine)
to measure BAC. Implied consent laws are based on the logic that all
drivers give consent to DUI testing by driving on state roads and
highways. In fact, the U.S. Supreme Court has held that an officer may
force a driver to submit to a blood test (without the driver's consent
or a warrant) as long as the officer has probable cause to believe the
driver is under the influence. While some states allow drivers to
choose the form of chemical test, refusing to submit to a chemical test
can carry serious penalties (e.g., mandatory license suspension). In
fact, refusal to take a chemical test in California will result in a
one-year license suspension for the first offense. Further, if a driver
is ultimately convicted for DUI, his refusal to submit to a chemical
test may enhance the penalties.
-
Michael A. Freedman: Test results and the resulting legal presumpton are as follows:
- .05 or less - presumed that the Defendant was not driving while under the influence of alcohol
- More than .05 but less than .07 - does not give rise to a presumption but may be considered with other evidence in determining guilt or innocence.
- .07 or more
- prima facie evidence that the Defendant was Driving While Under the
Influence of alcohol (a lesser offense than Driving While Intoxicated).
- .10 or more - prima facie evidence that the Defendant was Driving While Intoxicated
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