Free Maryland Drunk Driving Defense FAQs | Free Maryland Drunk Driving Defense Legal Documents

What Is Driving Under The Influence?

Tue, 29 May 2007 21:19:00 GMT

In order to be found guilty of driving under the influence of alcohol (DUI) the state needs to prove that you drove a vehicle while your blood alcohol level was .08 or more. If you did not take a breath or blood test then DUI means that you drove while alcohol substantially impaired your normal coordination.

What Are The Penalties For Dui?

Tue, 29 May 2007 21:19:00 GMT

For a first offense the maximum penalty is one year in jail, a $1,000.00 fine and twelve points on your license. (Note that if you are transporting a minor the penalty is substantial increased)

What Are The Penalties For "aggravated" Offenses?

Tue, 29 May 2007 21:19:00 GMT

While transporting a minor: 1st offense a fine of up to $1,000.00 and up to 6 months in jail; 2nd offense and subsequent offenses a fine of up to $2,000.00 and up to 1 year in jail.

What Is Driving While Impaired?

Tue, 29 May 2007 21:19:00 GMT

In order to be found guilty of driving while impaired (DWI) the state needs to prove that you drove while your coordination was substantially impaired by alcohol. If the state can prove that you had a .07 blood alcohol level, the state has made what is known as a "prima facie" case for DWI.

What Are The Penalties For Dwi?

Tue, 29 May 2007 21:19:00 GMT

For a first offense, two months in jail, a $500.00 fine and eight points on your license. (Note that if you are transporting a minor the penalty is substantially increased)

What Happens If I Am Accused Of Driving Under The Influence And I Am Offered The Breath Test?

Tue, 29 May 2007 21:19:00 GMT

Police officers in Maryland typically use two breath tests. The first breath test is called a preliminary breath test (PBT) and it is done at the scene of the arrest with a handheld machine. The officers simply use this machine to determine whether or not there is probable cause to make an arrest. You do not have to take this test. You are not entitled to see the results of this test. The results of this test cannot be used against you court. The next breath test is done under fairly strict conditions, usually in an office at a police station. Unless you have been involved in an accident involving death or serious injury, you do not have to take this test in Maryland. However, if you decide not to take the test you risk losing your license for at least one hundred twenty days for a first offense and one year for a second or subsequent offense. This suspension is can be modified only if the judge offers you the opportunity to participate in the ignition interlock program. This means that you would have to put a machine in your car which measures your blood alcohol level periodically. Note that the situation is radically different if you are a commercial driver driving a commercial vehicle at the time of the incident. Additionally, your decision not to take the test may be used against you in court. On the other hand, if you take the test in the result is over .08 blood alcohol level, then your license will be suspended for fortyfive days for a first offense. However, this suspension can be modified such that you can go to and from work, to and from alcohol education and in some cases, to and from school. For second offense, your license will be suspended for ninety days and it can only be modified if you agree to participate in the ignition interlock program. Again, note that the situation is radically different if you are a commercial driver driving a commercial vehicle at the time of the incident. The test results will almost always be used against you court.

What About Blood Tests?

Tue, 29 May 2007 21:19:00 GMT

Blood tests are only taken in Maryland if a breath test machine is not available, if you can not give a breath sample, or if you are injured and need to be brought to a hospital.

What Is Probation Before Judgment?

Tue, 29 May 2007 21:19:00 GMT

If you plead guilty or are found guilty after a trial, the judge can simply impose a penalty. In many cases, the judge also has the option of getting rid of the guilty finding while still giving you a penalty. Lawyers often call this "probation before judgment" or "PBJ". Under Maryland law a PBJ is not a criminal conviction. Because it is not a conviction, there are no points added to your license.

What Is The Breathalyzer Test?

Tue, 29 May 2007 21:19:00 GMT

It is an official test administered by a police officer. It measures the amount of alcohol in your blood system through a breath sample.

Should I Take The Breathalyzer Test?

Tue, 29 May 2007 21:19:00 GMT

YES, it is imperative that you take the test. If you refuse to take the test, your license will automatically by suspended for a minimum of 120 days by the Motor Vehicle Department. If you do take the test, you may qualify for a work permit that allows you to drive to, from and during work. This permit is not available if you refuse to take the test.

Should I Call A Lawyer If Arrested For Dwi?

Tue, 29 May 2007 21:19:00 GMT

ABSOLUTELY! You have the right to contact an attorney just as soon as you are arrested.

Why Do I Have To Go Before An Administrative Law Judge And A District Court Judge?

Mon, 04 Jun 2007 21:51:22 GMT

An administrative law judge hears the case of whether or not you took the breathalyzer test. That administrative law judge will also hear a separate case if you are found guilty of DWI or DUI. He can suspend or revoke your license or issue you a work permit. A district court judge hears the criminal aspect of your DWI or DUI arrest. That judge can giver several different punishments to include the following: probation before judgement (PBJ), a monetary fine, a suspended sentence, a probationary sentence, house arrest or a jail sentence. If the district court judge finds you guilty, that will translate into points on your motor vehicle record. That means you have to go back and see the administrative law judge again.

When Do I See The Administrative Law Judge And The District Court Judge?

Tue, 29 May 2007 21:19:00 GMT

Generally, you see the administrative law judge about your breathalyzer test within 60 days of your arrest. The district court hearing normally follows the administrative hearing and is approximately 90 to 120 days from the date of your arrest.

What Is The Automatic Suspension When Alcohol/Chemical Test Is Refused Or Results?

Tue, 29 May 2007 21:19:00 GMT

Under Maryland law, a charge of DWI where the driver's BAC is .10 or higher will result in the automatic suspension of driving privileges for some period of time. The length of suspension, and the ability of the Motor Vehicle Administration (MVA) to modify the suspension to allow limited driving privileges during the period of suspension, will depend on whether it is a first or subsequent offense and/or whether the breath or blood test was taken or refused.

What Are The Suspension Periods?

Tue, 29 May 2007 21:19:00 GMT

A. BAC of .10 or higher: 1.First offense: suspended driver's license for 45 days. 2.Second or subsequent offense: suspend driver's license for 90 days B. Test Refusal: 1.First offense: suspended driver's license for 120 days or 2.Second or subsequent offense: suspended driver's license for 1 year.

Can I Receive A Modification Of Suspension?

Tue, 29 May 2007 21:19:00 GMT

1.If the licensee refused to take the breath/chemical test, the suspension may not be modified for any reason. 2.If the Licensee did take the chemical test, the suspension may be modified for the first time offender to allow him to drive (a) for employment purposes; (b) to and from alcohol treatment or education programs; or c) to and from school under limited circumstances.

What Are Some Of The Numerous Legal And Factual Issues A Lawyer Must Consider In Formulating And Presenting A Defense For Dwi/Dui?

Tue, 29 May 2007 21:19:00 GMT

Was the Stop Legal? Under the law, if the stop is illegal, then everything that flows from the stop, including evidence of intoxication, is an illegal "fruit" of the stop and may be inadmissible in court. Therefore, a diligent lawyer will seek to evaluate carefully and, perhaps, attack the basis for the traffic stop. The police normally succeed in articulating a legal basis for the stop, including excessive speed, an inoperable brake light, or even the driver's failure to wear a seatbelt. Once a legal stop is made, the officer has the right to inquire whether the driver consumed alcohol. Was There Evidence of Intoxication or Impairment? The officer must have probable cause to believe that the driver is intoxicated or impaired before he may take further steps to confirm or dispel this belief. In evaluating this issue, your lawyer must carefully examine the Statement of Charges and other information to determine whether the officer's beliefs and conclusions were reasonable. The officer may have the right to conduct a field sobriety test if he observes such things as an odor of alcohol on the driver's breath or certain conduct by the driver, including slurred speech, watery or glassy eyes, or other mannerisms suggestive of impairment. Sometimes the evidence does not justify the officer's request to perform a field sobriety test. For example, if the only evidence is the mere "odor of alcohol," this may not justify a belief that alcohol had been used. Alcohol itself is relatively odorless, and the scent of beer, wine and spirits is the actual flavoring of the alcoholic beverage. One who has consumed nonalcoholic beer, for example, may nonetheless emit an odor of alcohol. Was the Field Sobriety Test Performed Properly? The "field sobriety test" normally consists of the healtotoe test, recitation of the alphabet or numbers in sequential forward or reverse order, and the onelegstand test. Other tests include the fingertonose exercise, and the horizontal nystagmus gaze test, which involves the officer's assessment of the reaction of the driver's eyes to light stimulus. Unsuccessful completion of any one of the abovereferenced field sobriety tests will normally result in the driver being placed under arrest and charged with DWI/DUI. There may be reasons for field sobriety test failure which are unrelated to alcohol consumption. For example, sometimes the officer's instructions for performance of the field sobriety test are unclear or incorrect. Sometimes, the roadside conditions where the test was administered are unsatisfactory. And in some cases, the driver suffers from certain physical impairments unrelated to alcohol use that prevent successful completion of the test. Was the Chemical Test Properly Administered? Occasionally, the equipment used to test breath or blood for alcohol concentration fail and cannot report results, thus resulting in a determination by the test operator that the driver refused the test. In other cases, the testing equipment is not properly calibrated, or the instructions given to the driver for taking the test are unclear or incorrect. Whether the particular chemical test offered was taken and is accurate is important to the issues of whether and to what extent the MVA can suspend the driver's license, and whether the test results may be admitted as evidence at trial. What are Minor Traffic Violations? Minor violations are those offenses that are not subject to jail sentences. A speeding ticket is an example of a minor offense. When you have been charged with a minor violation, you generally have two options: you may choose to either pay the fine that has been indicated on the ticket or contest the ticket by going to court. What If I choose to pay the fine? Then you are admitting that you are guilty of the charge. Before paying the fine, you should be aware of the "point system" established by the Maryland Motor vehicle Administration. This system can assess points on a driving record whenever a driver has been convicted of a violation. (See the point values noted on the following pages.) Within a twoyear period, if you have accumulated five points on your license, the MVA will arrange a conference with you to discuss your driving record. If you have accumulated eight points on your license within that same twoyear period, then your license may be suspended. You may wish to ask the police officer who issued the ticket how many points you will receive if you choose to pay the fine. A majority of motorists pay their fines precluding a trip to court. Be certain to sign the ticket as requested by the officer. Your signature simply shows that you have received the ticket; it is not an admission of guilt. What If I choose to contest the ticket? You may do so by going to court. The ticket will include the information that is necessary in scheduling a court date. If you fail to pay the fine and do not appear in court, your driver's license will automatically be suspended. A Driving While Suspended Conviction for failing to pay a ticket or appear in court is subject to a 60day jail term and a $500 fine so, be certain that you pay the ticket or appear in court to contest the violation. Regardless of how you feel about the charge or the issuing officer, cooperation, respect and good manners will never hurt you in Court. The police officer will definitely note anything to the contrary and will often be asked by the Judge for any such information to help influence the Court's disposition of the matter. When you appear in court, you have a right to enter a plea of "not guilty" and the officer who issued the traffic ticket must be present to testify. In traffic cases, generally, the State does not have to prove you "intended" to commit the traffic offense; you are guilty if they prove you committed the act. There are some exceptions. Your reason for speeding is not a defense, but may be used as mitigating circumstances that the judge will consider when the fine is imposed, along with your driving record and all relevant facts and circumstances. What are Major Traffic Violations? The second category of traffic violations are known as "major offenses" or incarcerable motor vehicle offenses. 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. If the date you are to appear in court would cause you an unreasonable hardship (illness, hospitalization, etc.) you may write to the court and ask for another date for good cause shown. However, make that request prior to the court date and be certain that it is granted before you fail to appear. This applies to either major or minor traffic violations. If you fail to appear on a major traffic violation, the judge may issue a warrant for your arrest.

Summary Of Point Values

Tue, 29 May 2007 21:19:00 GMT

CONVICTION POINTS

Any moving violation not listed below and not contributing to an accident	1
Speeding in excess of the posted speed limit by 10 miles per hour or more	2
Following another vehicle to closely	2
Failure to stop for school vehicle with alternately Flashing lights	2
Drop/throw/place trash/injurious substances on highway	2
Driving with an improper class of license	2
Any moving violation contributing to an accident	3
Driving after suspension for insurance termination, noncompliance with traffic citation or fail to pay fine, noncompliance with federal citation	3
Transportation of Hazardous Materials	3
Reckless Driving	4
Speeding in excess of the posted speed limit by 30 miles per hour or more	5
Driving while not licensed	5
Permitting unauthorized minor or other unauthorized person to drive	5
Failure to report an accident	5
Driving on a Learner's Permit unaccompanied	5
Participating in a race or speed contest on the highways	5
Operating an uninsured motor vehicle	5
Operate motor vehicle with Power Booster or without required Decal	5
Driving while under the influence of alcohol or drugs or combination of alcohol and drugs	8
Turning off lights of a vehicle to avoid identification	8
Failure to stop after accident resulting in damage to attendant vehicle or property	8
Failure to stop after an accident resulting in bodily injury or death	8
Driving after refusal, suspension, cancellation, or revocation of license	12
Fraud in application for Driver's License or misuse of license to drive	12
Homicide or assault committed by means of a vehicle	12
Driving while intoxicated or while under the influence of illegally used controlled dangerous substance	12
Any felony involving use of a vehicle	12
Fleeing or attempting to elude a police officer	12
Display, cause or permit to be displayed, or have in his possession any canceled, revoked, suspended, fictitious or altered license	12
Display or represent as his own, the license of another	12
Failure or refusal to surrender canceled, revoked or suspended license	12
Lending or borrowing a license	12
The making of a false affidavit or statement under oath, or falsely certifying to the truth of any fact or information to the administration under the Maryland Vehicle Law or under any law relating to the ownership or operation of motor vehicles	12

Additional Information About The Assesment Of Points:

Tue, 29 May 2007 21:19:00 GMT

1. Whenever conviction occurs on multiple charges based on offenses alleged to have been committed at the same time, or arising out of circumstances simultaneous in time and place, points shall be assessed against the person convicted only on the charge which has the highest point assessment and may not assess points to the remainder of the multiple charges. 2. A forfeiture of collateral shall be considered as a conviction. 3. The administrator shall send a WARNING LETTER to each licensee charged with 3 POINTS. He shall call in the licensee for a conference for 5 POINTS. The license shall be SUSPENDED for 8 POINTS. The license shall be REVOKED for 12 POINTS. 4. Initial suspensions shall not be less than 2 days or more than 30 days. Subsequent suspension shall be for not less than 15 days and not more than 90 days. 5. Points assessed shall be retained for two years from Violation Date. 6. The Point System is an addition to any other provisions of the Maryland Vehicle Laws. 7. The MVA may expunge your driving record if certain conditions apply. For information write to Driver Records Section MVA. 8. The Driver Record of each individual is public record. Remember, the Court does not assess points, but the Court does notify the MVA of all guilty findings. The MVA does assess points and an accumulation of points directly affects your insurance rates and your driving privileges.

What Are The Speed Limits In Maryland?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted
Absolute Interstate 65 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 30 mph

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

Does Maryland Use Any Other Enforcement Techniques?

Tue, 29 May 2007 21:19:00 GMT

Maryland uses redlight cameras.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What Is The Procedure In A Speeding Trial?

Tue, 29 May 2007 21:19:00 GMT

If you are cited for speeding by a Maryland State Trooper and go to court, there is no prosecutor involvedonly the police officer, the judge and you.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding No
Parking No
Equipment No
DWI Yes

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death or personal injury must be reported immediately to the local authorities and (if the accident is not investigated by the authorities) within 15 days to the Motor Vehicle Administration.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law and financial responsibility law. Nofault insurance law. Minimum limits: $20,000/40,000/10,000. Uninsured motorist insurance is required in like amounts.

When Must I Use My Windshield Wipers?

Tue, 29 May 2007 21:19:00 GMT

Motorists must turn on their headlights if it rains and they are using their windshield wipers.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Unloaded firearms are permitted in the vehicle. Firearms must be cased and not easily accessible.
Studded tires are prohibited.
Tire chains are not required.
Maryland has a seat belt law with primary enforcement for all front seat occupants.
Maryland has a mandatory child restraint law for passengers under 17 years of age. Children under age 4 and weighing less than 40 pounds must use approved car safety seats.
Maryland has a mandatory motorcycle helmet law.
Registration must be carried in the vehicle. Insurance card is not required to be carried in the vehicle.