DUI FAQs In Maryland
Why did I receive more than one ticket charging me with drunk driving?
Maryland has a two tier drunk driving statute, DUI and DWI. Driving under the influence means that the driver was operating a motor vehicle while his normal coordination was substantially impaired. Driving while impaired is a lesser offense and means that the driver was operating a motor vehicle while his normal coordination was somewhat impaired.
Do I have a right to an attorney before deciding whether to submit to a breath test?
In Maryland, there is a right, upon request, to consult with an attorney to decide whether to take or refuse the breath test for alcohol, so long as it does not interfere with or unreasonably delay the testing process. The test must be taken within two hours of apprehension.
If you have more questions about a DUI in Maryland, contact a lawyer to get more details for your DUI FAQ's!
What is the “legal limit” in Maryland?
"Blood Alcohol Concentration" or BAC is defined as:
- the number of grams of alcohol per 100 milliliters of blood; or
- the number of grams of alcohol per 210 liters of breath
In Maryland it is illegal to operate a motor vehicle with a BAC of .08 or more.
I thought I did well on the field tests, why was I arrested?
If you really did do well on the field tests, this may be a defense at trial. In many cases, people misunderstand the directions or do not know what the officer is looking for. The field tests most commonly administered by officers are approved by the National Highway Traffic Safety Administration (NHTSA) for the investigation of drunk driving cases.
I had an open container in my car when I was stopped – is that illegal?
Yes!!!.
How accurate are breath test results?
Accuracy is questionable. There are many things that can cause false high or low readings in the breath tests. A skilled attorney can assist you in determining whether your reading is commensurate with what you had to drink, and advise you of any defenses you may have concerning a false reading.
Can I elect to submit to a blood test in lieu of a breath test or vice versa?
In Maryland, the driver has no choice as to the type of test to be taken. Generally a breath test is administered, unless the driver is injured and taken to a hospital, is unconscious or incapable of refusing the test, or a breath test machine is not available. Under those circumstances, the officer may direct medical personnel to withdraw a blood sample.
What is the purpose of the follow the penlight with the eyes test?
This is the horizontal gaze nystagmus (HGN) test. When conducting this test, the officer is watching for an involuntary jerking of the eye, which may, among other causes, by caused by consumption of alcohol. If the officer detects three clues in each eye, lack of smooth pursuit, nystagmus at maximum deviation, and nystagmus prior to 45 degrees, then he is trained to arrest. In Maryland, the legal effect of this test has pretty much been neutralized by two appellate decisions holding that the court can only accept the test to show the defendant had consumed alcohol.
Will there be a permanent record of my DUI conviction?
Yes. If convicted of a DUI, there will be a permanent record in court and at the MVA on your driving record, however, the driving record can be expunged after ten years without a ticket. These are public records and can be accessed by anyone who is interested.
On the other hand, if you are found not guilty, the record of your arrest can be expunged and there will likewise be no trace of your arrest for anyone to locate.
Can a minor go to jail as a result of a DUI offense?
Anyone under the age of 18 will be prosecuted as a juvenile and should not be put in adult jail, but rather will be subject to juvenile detention. Anyone 18 or over will face the same penalties as an adult over 21 in court in addition to the penalties for violation of the alcohol restriction on the under 21 year old’s drivers license.
How does a drunk driving conviction affect a minor’s future driving privileges?
For a conviction of DUI, the under age driver faces revocation. For a first conviction of DWI the minor faces suspension for six months, and for a second or subsequent DWI, suspension for a year. Furthermore, a minor may be required to have an interlock for a period of not more than three years in order to retain his/her license for a conviction of drunk driving.
How many drinks can I consume before becoming impaired?
There is no reliable means to predict how many alcoholic beverages an individual can consume before becoming impaired.
If you have more DUI questions,
contact a
Maryland DUI Lawyer now!
(410) 653-8866 or 1(800) 806-LAWS
24 Hours Cell Phone: (410) 627-2222
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