Maryland DWI / DUI Help
You might not be drunk but in Maryland the per se breath or blood alcohol content (BAC) is .08%, which by law renders you driving while intoxicated (DWI). Please note that even with a lower BAC you can still be arrested for DUI (driving under the influence), if you are under the influence of drugs or if an officer concludes that your driving ability is impaired. If you exhibit lack of coordination, have bloodshot, watery eyes, incoherent speech, alcohol on the breath, or have admitted to having “a few drinks”, this can be used as subjective evidence against you in a criminal court trial. A refusal to take a BAC test can also be used as evidence at a Maryland DUI trial as “consciousness of guilt”.
With a BAC between .04% and .07%, you can be charged with a Maryland DUI. This means that, as a result of drinking, your normal ability to drive has been “substantially impaired.” In Maryland a DUI charge is a lesser infraction than a DWI, but it is still a serious offense. A Maryland DWI or DUI conviction carries serious penalties such as: fines, jail time, programs, points against your driver’s license, a host of other punishments and a permanent blot on your driving record.
Maryland officers in the field often use what is called a Preliminary Breath Test (PBT). This is not a required test and refusing to take this test is not admissible as evidence in a Maryland Court. You also do not have to submit to a field sobriety test (FST), especially if you are injured or aged. The PBT should not be confused with the FST or the blood alcohol test (BAC) which drivers are required to take and which will be administered after you have been arrested and lawfully advised of your rights. Because of the implied consent law in Maryland, you have agreed ahead of time to submit to a BAC test, or risk losing your license and face aggravated punishments.
If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol based paints, solvents, mouthwash, prescription or over the counter drugs, be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Maryland DUI law.
When charged with a Maryland DUI you’ll face a gauntlet of two similar, but separate cases. One is a criminal court proceeding, one is a civil hearing administered by the Maine State Department of Transportation, Motor Vehicles Administration, which acts as a judge, jury and overseer of driver’s license sanctions. The penalties imposed by both may differ, may be similar, and will generally run concurrently (at the same time). Be advised that even if you are found not guilty in court, the MVA can still suspend you driving privileges.
Persons arrested for a Maryland DUI have only 10 days from the date of arrest to request a MVA hearing. Snooze and you’ll lose. If you don’t request the hearing, or show up on time, your license will be automatically suspended.
Remember that you do not have to answer questions that are incriminating, anything you say can and will be held against you. Just remain polite and ask about your rights, from BAC testing to requesting an attorney.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Maryland DUI specialist.
When arrested you have a right to place phone calls and or consult in person with an attorney and/or family member prior to making a decision regarding chemical testing. Law enforcement persons are not required to advise you of this right. But once a request is made the officer is obligated to provide you with a reasonable opportunity to exercise this right, so ask for a Maryland DUI attorney, the sooner the better.