Brought to you by Colorado DUI Drunk Driving Defense

Rockville DUI Lawyers

1. Dan Wright: You should consult an attorney for individual advice regarding your own situation. The prosecution and punishment of DUI cases in Maryland has become stricter in the past ten years. Drunk driving is a criminal offense and a conviction could lead to jail time and loss of license. It will also lead to secondary consequences, like an increase in insurance points. As long as prosecutors take DWI cases seriously, it is important that you do too. While Maryland courts are willing to work with first-time offenders to find alternative sentencing techniques, certain DUI offenders face greater challenges. If you have been charged with a second or third offense, or you had a blood alcohol content (BAC) over .15 percent, you will face an uphill battle in court.
2. Kupferberg, Steven: Drunk Driving (DUI/DWI) DriverÕs License Suspensions Traffic Tickets MVA/DMV Hearings A serious traffic offense may result in the revocation of your driverÕs license, making everyday transportation difficult. The consequences can include administrative sanctions such as the loss or suspension of your driving privileges, and criminal sanctions, such as incarceration, supervised probation, alcohol treatment, and/or substantial fines. The premium for your automobile insurance will probably increase dramatically. A conviction for some DUI/DWI crimes can result in the loss or suspension of your commercial driving license, making it difficult for you to earn a living in your usual way. There are immediate steps that can be taken to avoid or minimize these harsh penalties. Failure to take timely action may result in the automatic loss of your driving privilege in Maryland and Washington, D.C. and may prejudice the resolution of your pending criminal charges. There are certain requirements that the government has to prove in a serious traffic case for you to be convicted. There are also different steps that you have to take in order get the best results possible. You need a DUI lawyer or a DWI lawyer to help you stand up for your rights.
3. Page, Jenniffer: Most people are aware of the fact that drinking alcohol and driving a vehicle are two things that really shouldnÕt be done in unison. After all, even the most seasoned drinkers can have a hard time predicting just exactly how much alcohol will constitute Ōtoo muchĶ on any given night. In fact, ask anyone whoÕs been drinking alcohol recreationally for years, and heÕll probably tell you that some nights, he can indulge to his heartÕs content without so much as feeling a thing, while other nights, he can barely hold his liquor after a couple of drinks. Since it is difficult to pinpoint the exact moment in which that next sip of alcohol will be the one to tip you over the edge and cause problems with your ability to drive, if youÕre going to be consuming alcohol, then your best bet is to find yourself a way home that doesnÕt involve you getting behind the wheel. On the other hand, depending on where you live, finding a designated driver or taxi service can be easier said than done. And furthermore, itÕs not inconceivable to wind up in a scenario where you think youÕre fully capable of driving safely, but in reality are impaired enough to warrant a DUI charge.
4. Anthricite, Raymond: TR ¤ 21-902. Driving while under the influence of alcohol, etc. ¤ 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance. (a) Driving while under the influence of alcohol or under the influence of alcohol per se.- (1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol. (2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se. (3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor. (b) Driving while impaired by alcohol.- (1) A person may not drive or attempt to drive any vehicle while impaired by alcohol. (2) A person may not violate paragraph (1) of this subsection while transporting a minor. (c) Driving while impaired by drugs or drugs and alcohol.- (1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely. (2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle. (3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor. (d) Driving while impaired by controlled dangerous substance.- (1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in ¤ [3]5-101 of the [4]Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State. (2) A person may not violate paragraph (1) of this subsection while transporting a minor. (e) Crime committed in another jurisdiction.- For purposes of the application of subsequent offender penalties under ¤ 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.
5. Foster, Alex: 1. Armed robbery 2. Arson 3. Assault cases 4. Animal cruelty 5. Auto theft 6. Bad checks 7. Burglary 8. Carjacking 9. Cocaine possession/distribution 10. Child abuse and neglect 11. Disorderly conduct 12. Drunk driving/DUI 13. Destruction of property 14. Forgery 15. Handgun and firearms offenses 1. Hit and run/traffic offenses 2. Marijuana and other drug offenses 3. Child pornography 4. Rape 5. Reckless endangerment 6. Resisting arrest 7. Revoked driver's licenses 8. Robbery 9. Suspended driver's licenses 10. Sexual offenses 11. Shoplifting 12. Theft charges 13. Trespassing 14. Unauthorized use of motor vehicle 15. Weapons charges
6. Peters, James: * Personal injury law * Criminal defense law * DUI/DWI law * Traffic
7. David Wasser: You can be arrested for DUI by driving while over the legal BAC in your state or while impaired. But, you need not actually operate the car in order to be arrested. You can still be found guilty if you had the capability and power to dominate, direct, or regulate the vehicle, regardless of whether you were exercising that capability or power at the time of the arrest. In other words, simply sitting behind the wheel with the keys in the ignition can lead to your arrest for DUI by being in actual physical control of the car.
8. Sandler & Mercer: The consequences for drunk driving and serious traffic offenses can include administrative sanctions such as the loss or suspension of your driving privileges, and criminal sanctions, such as incarceration, supervised probation, alcohol treatment, and/or substantial fines. There are immediate steps that can be taken to avoid or minimize these harsh penalties. Failure to take timely action may result in the automatic loss of your driving privilege in Maryland and prejudice the resolution of your pending criminal charges.
9. Goren, Wolff & Orenstein: Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of .08 or more in his body. DUI TIPS Reasons police officers stop suspected drunk drivers: 1. Turning with wide radius. 2. Straddling the center line or lane marker. 3. Appearing to be drunk. 4. Almost striking object or vehicle. 5. Weaving. 6. Driving on other than designated roadway. 7. Swerving. 8. Slow speed (more than ten miles per hour below limits). 9. Stopping (without cause) in traffic lane. 10. Following too closely. 11. Drifting tires on center or lane marker. 12. Braking erratically. 13. Driving into opposing or crossing traffic. 14. Signaling inconsistent with driving actions. 15. Slow response to traffic signals. 16. Stopping inappropriately (other than in lane). 17. Turning abruptly or illegally. 18. Accelerating or decelerating rapidly. 19. Headlights off. (BACK TO TOP) DUI COMMON QUESTIONS AND DEFENSE TIPS Q: What is DUI ? A: DUI is a traffic offense a person commits if he or she drives a motor vehicle in a public place while under the influence of alcohol. (BACK TO TOP) Q: What does intoxicated mean? A: Intoxicated is defined in two ways: First, a person is intoxicated when he drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the normal use of their faculties and is impaired to the slightest degree. Second, a person is intoxicated when he drives and has an alcohol concentration of.08 or more in his body. (BACK TO TOP) Q: What does.08 alcohol concentration mean? A: It is defined as the number of grams of alcohol per 100 milliliters of blood; the number of grams of alcohol per 210 liters of breath; or the number of grams of alcohol per 67 milliliters of urine. (BACK TO TOP) Q: What are the penalties for DUI? A: They are serious and can involve jail time. The penalty may be greater if it is a second or third offense, or if there was an accident or injuries, or if death occurred. There is also a fine and could result in a driver's license suspension or revocation as well mandatory attendance at an alcohol screening and education or counseling. A conviction may also cause your insurance rates to skyrocket. (BACK TO TOP) Q: Are tests required? A: Yes, a breath test is mandatory and you can also request a blood test at your own expense within two hours. Refusal can result in suspension of your driving privileges for up to one year. The penalties for refusing to submit to the test are actually frequently more severe, as far as driving privileges, than the conviction for a DUI. (BACK TO TOP) Q: Are there penalties for refusing the field sobriety test? A: No. Be very careful before submitting to these tests, as many completely sober people cannot pass them, even if they have not been drinking. (BACK TO TOP) Q: Can I refuse the tests? A: Yes, and an officer only has authority to force a blood sample from an arrested person if there has been an accident where there has been a death, or serious bodily injury. However, refusing to submit to the tests can result in suspension of your driver's license for up to one year. (BACK TO TOP) Q: What should I do if I am stopped? A: First, drive your vehicle to the right lane as cautiously and quickly as possible, and continue there until you can either safely park on the shoulder of the road, or in a parking lot. Next, take your vehicle out of gear, shut off the engine, and radio, and turn on your emergency flashers. Act normal. Second, find your driver's license and proof of insurance. These two items will usually be the first things requested by the officer. Third, without acting jerky or mechanical, get out of your vehicle and refrain from using your vehicle for support, either while walking, talking, or standing. Fourth, do not admit to drinking an alcoholic beverage. (BACK TO TOP)
10. Stuart Grozbean: Most people do not realize how long they can lose their license to drive and they will be going before an Administrative Law Judge who has the power to keep them from driving. Can you afford not to drive? Will you lose your job?
11. Patricia Harvey: Unfortunately, the judicial system looks easy on television and a good lawyer often appears, on the surface, to win cases effortlessly; giving the false impression that anyone can represent themselves or just any lawyer will do. Experience and reputation for hard work, diligence, and tenacity are just a few of the attributes that go into the makeup of a good lawyer.
    
    People frequently seem to make choices for legal representation based on, understandable but risky, considerations such as financial or location of an attorney's office. The decision on who will represent you is an important one and has far-reaching consequences. A criminal or traffic conviction has the potential of: scarring your record forever; loss of a professional license; deportation for those with a "green card" or undocumented status; and of course a period of time in jail. Court procedures are complicated and it is best to have an attorney help you through the maze of decisions that must be made, sometimes on the spot.
12. Richard Lurye: Our Mission: To defend those accused of crimes, Driving While Intoxicated, Driving Under the Influence, serious traffic charges, and MVA violations which can result in license suspension and revocation. When you were stopped the police may have taken your license and given you a temporary license to drive. Attached to that temporary license is a form which looks like a duplicate temporary license -- but it is not. Turn the "duplicate" over and you will see that it is a form which you must complete and submit in order to request an administrative hearing. You must mail or deliver that form to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301. You must send in the form within 10 days after your arrest or your driving privileges will be suspended without a hearing. You must also enclose a check or money order for $125.00, made out to the Maryland State Treasurer, as your filing fee. Failure to enclose the check or money order invalidates your request. Do not send cash. I suggest that you send the form and filing fee via registered or certified mail. Kindly telephone or go to the Maryland MVA or MVA Express and request the following 2 reports from the driver record database [1] Your Complete Driving Record, and [2] Your PBJ (Probation before Judgment) Driving Record. They must be certified by the MVA. Get these to me promptly. I will also need the complete driving record from every state in which you have been licensed to drive. If you have held licenses to drive in any other state, kindly obtain your complete driving record from each of those states, as well. State Motor Vehicle Departments for each of the states are listed here. In chronological order, give me a detailed personal history showing me all your accomplishments and all traumatic events that have affected you. The court will expect you to be enrolled in an alcohol education/treatment program that is state certified. Participating in such a program is not an admission which will injure your case. In fact, participation is not disclosed to the court unless the court finds that you have committed an offense and is preparing to sentence you. In this setting, your participation shows the court that you took prompt action in order to learn how to prevent a repeat offense. Generally, courts are more compassionate toward a defendant who shows such a personal desire to prevent such a risk to other persons in the future. Some defendants have previous stops, arrests or convictions for intoxicated driving offenses, it is even more important for them to begin a program early to demonstrate good faith to the court. When repeat offenders begin a program it is wise to inquire about a potential "dual diagnosis," i.e. a search for an underlying difficulty which may have affected their desire for alcohol or drugs. Frequently, such people are self medicating for an undiagnosed disorder, such as hyperactivity, which is now called attention deficit disorder. Courts are responsive to defendants who take all reasonable precautions to prevent additional behavior which has already placed others in jeopardy. You can find a program, which must be state certified, with the National Directory of Alcohol and Drug Abuse Programs. Once you find a program, inquire about costs and scheduling. Make sure the program schedules classes that work with your schedule [e.g. evenings and/or weekends]. Clients who live and are licensed outside Maryland, should attend a program in their home state. Schedule an intake interview. Tell them that I represent you and that you want them to send all reports concerning your evaluation and progress to my office. They will ask you to fill out a release form -- please do so -- otherwise they cannot send me anything. Programs will request that you complete different components, and attend over a longer period of time, depending on how they view your alcohol or substance use. You can, of course, get a second opinion from another program, and attend the program of your choice. However, it is necessary for you to attend and be well into a program by the time you appear in court. A court will give far more consideration to a defendant who is prepared to show what he has done -- not just what he promises to do -- in return for leniency. If you are currently receiving medical treatment or therapy, or if a medical situation affected your driving or sobriety test performance, tell your health care providers what happened and that I will need to speak with them. They should also give you release forms which you must complete before they will release information to me. Provide them with my name and telephone number, and provide me with their names and telephone numbers. Select a nonprofit organization for community service. You can find many volunteer opportunities on the Internet at VolunteerMatch, Greater DC Cares, Network for Good, Idealist, Single Volunteers, United Way, and City Cares. In Montgomery County, you can contact the County's own Montgomery County Volunteer Center. Medical based community service is very helpful in showing the court that you already have repaid your debt to society, because judges respect the effort it takes to perform those hours where you or a possible victim may have ended up as a result of your behavior. Check hospitals, hospices, old age homes and similar organizations. When you have selected a program, speak to the community service director, explain your circumstances, and make sure they know you'll need a letter on official letterhead for your court date. The letter must state what your duties were, how many hours you performed and any other positive information they can provide. The letter should be addressed to me. Generally, 20-30 hours of service begins to show the court that you are the type of person who helps, rather than harms, people. The goal is to make it difficult for the court to jump to the conclusion that you are a "taker" rather than a "giver." Once the court sees you as a "giver," the court begins to see you as less of a risk, and therefore less likely to need a harsher sentence to prevent a future episode of driving under the influence. Please note that volunteer organizations may only be able to give you 2-3 hours per week. Therefore, an early start as a volunteer makes it more likely that you will have 20-30 or more hours at the time of sentencing. If you took a chemical test for alcohol, and your job requires you to drive in Maryland, you will need to obtain a letter from your employer for the MVA Hearing. The MVA is authorized to allow you to drive to perform your job duties, by giving you 'work restricted' driving privileges, but only if you provide them with a letter from your employer. The letter must be on official letterhead, typed, signed by a company representative, and must include the following information: Your name, duties, length of service, a statement that you are required to operate a motor vehicle to perform your duties, and a statement that the employer is aware of your pending drinking driving charge. In addition, it would be helpful, though not required, if the letter states that you have been an excellent employee, and that the employer has never seen any evidence of your having abused alcohol during work hours. I understand that you may have questions as to whether you will lose an employment opportunity by asking for this letter. You may be able to avoid the letter through a new program which would require you to install an Ignition Interlock system in your vehicle-- however, due to the fact to that the Ignition Interlock Program is new -- it is far from a sure thing and your best opportunity for a restricted license lies with obtaining an employer letter. If you took the breath test you may also be eligible for an education, alcohol treatment, or commuting restricted driving privilege. Similarly, you must provide me with documents to show such a need so that I can present them to the administrative law judge. If you refused a chemical test for alcohol you are not eligible for a restricted license. However, you may be able to avoid suspension through the Ignition Interlock program . If you are willing to install this device before going to your MVA hearing, you may increase your chance for having the Administrative Law Judge approve the program as an alternative to suspension. In addition, the Court may be impressed with you for having taken this action to protect others while you explore the role of alcohol in your life. If you are prepared to take this action, I will need to refer you an Ignition Interlock installer. Please advise me by e-mail if you want a referral. Please note that all persons scheduled for an MVA hearing must bring their temporary license and all extensions with them to the MVA Hearing. In addition, if you drive to the hearing you will need a licensed driver available to drive you from the hearing, in the event your privileges are suspended. Finally, if you are in the military, or were honorably discharged, please provide me with copies of all military records which show honorable discharge, awards, medals, letters of commendation, special class certificates and anything else which distinguishes your military service. This information often impresses the court, which understands that you have made far more deposits to the safety of others by your military service, than the risk to safety indicated by your traffic charges.
13. Justin McInerny: If you had a Maryland license when you were arrested, the arresting officer should have confiscated it and immediately issued you a temporary license. If you had an out of state license, the officer probably did not confiscate it. However, the officer still should have issued you a temporary privilege to drive in Maryland. Your temporary license/privilege is valid for the forty five days following your arrest. The officer also should have given you a hearing request form. This form tells you to request an MVA hearing within ten days of your arrest. Be sure to include the proper fee for the hearing or else the MVA might not grant you a hearing. The MVA will notify you by mail of your hearing date. Therefore, make sure the MVA has your correct address.
14. Kindermannlaw: The 'roadside' or PBT cannot be used against you in a formal sense and you are within your rights to refuse the same. However, the stationary breathalyzer machine typically located at the police station can be determinative in terms of guilt or innocence. Constitutional Rights What to do if you're stopped by The Police To fight police abuse effectively you need to know your rights. There are some things you should do, some things you must do and some things you cannot do. If you are in the middle of a police encounter, you need a handy and quick reference to remind you what your rights and obligations are. Be polite and respectful. Never bad-mouth a police officer. Stay calm and in control of your words, body language and emotions. Don't get into an argument with the police. Remember, anything you say or do can be used against you. Keep your hands where the police can see them. Don't run. Don't touch any police officer. Don't resist even if you believe you are innocent. Don't complain on the scene or tell the police they're wrong or that you're going to file a complaint. Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest. Remember officers' badge & patrol car numbers. Write down everything you remember ASAP. Try to find witnesses & their names & phone numbers. If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first. If you feel your rights have been violated, file a written complaint with police department's internal affairs division or civilian complaint board. If you have a police encounter: 1. What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer. 2. You don't have to answer a police officer's questions, but you must show your driver's license and registration when stopped in a car. In other situations, you can't legally be arrested for refusing to identify yourself to a police officer. 3. You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT. 4. Do not interfere with, or obstruct the police -- you can be arrested for it. If you are stopped for questioning: 1. It's not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. You can't be arrested merely for refusing to identify yourself on the street. 2. Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search. 3. Ask if you are under arrest. If you are, you have a right to know why. 4. Don't bad-mouth the police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest. If you're stopped in your car: 1. Upon request, show them your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search. 2. If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later. 3. If you're suspected of drunk driving (DWI) and refuse to take a blood, urine or breath test, your driver's license may be suspended. If you're arrested or taken to a police station: 1. You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best. 2. Ask to see a lawyer immediately. If you can't pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don't say anything without a lawyer. 3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer. 4. Sometimes you can be released without bail, or have bail lowered. Have your lawyer ask the judge about this possibility. You must be taken before the judge on the next court day after arrest. 5. Do not make any decisions in your case until you have talked with a lawyer. In your home: 1. If the police knock and ask to enter your home, you don't have to admit them unless they have a warrant signed by a judge. 2. However, in some emergency situations (like when a person is screaming for help inside, or when the police are chasing someone) officers are allowed to enter and search your home without a warrant. 3. If you are arrested, the police can search you and the area close by. If you are in a building, "close by" usually means just the room you are in. We all recognize the need for effective law enforcement, but we should also understand our own rights and responsibilities -- especially in our relationships with the police. Everyone, including minors, has the right to courteous and respectful police treatment. If your rights are violated, don't try to deal with the situation at the scene. You can discuss the matter with an attorney afterwards, or file a complaint with the Internal Affairs or Civilian Complaint Board. Drugs and Other Crimes Photo Image
15. Thomas Rand: If you are arrested for drunk driving, you should find a lawyer as soon as possible. In Maryland, you only have ten days from the date of the DWI arrest to request an MVA hearing that could help prevent your license being suspended; if the request is made after ten days, there is no guarantee that your temporary license will not expire. If the request isn't made within thirty days, the suspension cannot be lifted or modified.