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Bowie DUI Lawyers

1. Cary Law Offices: DRIVING ISSUES IN MARYLAND DUI CASES: It is a common misconception that any person in the United States has a right to drive. There is no such right. Driving a motor vehicle is a privilege, and that privilege can be taken away or modified based on driver conduct including several issues which involve drunk driving cases. Under Maryland law, any person who drives a motor vehicle on Maryland roadways has given consent to a test of blood, breath or urine to determine alcohol concentration if the person is arrested for DUI. Maryland law gives the arresting office the right to choose the type of test. The officer may ask a person stopped on suspicion of DUI to take field sobriety tests. Typically, these tests are: * Horizontal Gaze Nystagmus - This test requires the driver to follow a pen or small flashlight with his eyes while holding his or her head absolutely still. The theory underlying this test is that the presence of alcohol will cause the driverÕs eyeball to jerk while moving from left to right. This jerking motion is called ŌnystagmusĶ and there are many others for this condition which do not involve alcohol. * Walk & Turn - This test is commonly referred to as the ŌHeel to ToeĶ test. The administration of this test is supposed to be given in accordance with the guidelines set forth in the National Highway Transportation Safety Administration Manual. Known as the NHTSA Manual, this book is the textbook for officers and frequently is not followed to the letter by arresting officers when conducting this test. * One Leg Stand - This test is also supposed to be given in accordance with the guidelines set forth in the NHTSA Manual and frequently the conditions under which this test is administered do not comply with the requirements set forth by the National Highway Transportation Safety Transportation Administration. Is it important that the field sobriety tests were not properly administered? Yes - depending on other facts in the case, this may be enough to challenge probable cause to arrest, cast doubt on the guilt of the person charged with DUI (who is presumed innocent under our Constitution) and may result in dismissal or acquittal. CHARGED WITH A DUI IN MARYLAND? Either you made a mistake or are being wrongfully accused. Either way, you need to take action and get information now to protect your rights and establish reasons to win the case, reduce the offense to a lesser charge or minimize whatever sentence the court and/or MVA may impose as a result of this situation. Many people think that Maryland DUI law is cut and dry. Nothing could be further from the truth. DUI law is constantly changing and evolving and the next challenge to the validity of any part of a DUI charge, or the ŌscienceĶ that forms the backbone of most DUI evidence is always just around the corner. Looked from the right angle, your case probably isnÕt as bad as you may think. WHAT ARE YOU BEING CHARGED WITH? Most DUI cases in Maryland involve several citations. LetÕs explore them in order: 1. Driving While Under the Influence - This is essentially drunk driving. It does not require any evidence of blood alcohol content. It requires that the State prove in court that the person was operating a motor vehicle after consuming alcohol in a sufficient quantity to render that person Ōunder the influenceĶ. In charges such as these, the officerÕs observations and driverÕs statements to the officer concerning how much alcohol he or she consumed are very important. The maximum sentence for this offense for a first offender is 1 year in jail and/or a $1,000.00 fine. A second offender faces 2 years in jail and/or a $2,000.00 fine. A person who is charged with this offense three or more times faces a maximum sentence of 3 years in jail and/or a $3,000.00 fine. The MVA will also assess 12 points on a Maryland driving license for a conviction of this offense. Remember, 12 total points on a Maryland driverÕs license can result in license revocation. 2. 1. Driving While Under the Influence Per Se - This means that the driver is charged with operating a motor vehicle while having an alcohol concentration of .08 or more. To prove this case, the State must introduce the breath or blood test to determine the exact alcohol concentration of the driver. If the driverÕs attorney is successful in excluding this test from admission at trial, then the State will lose on this charge. The maximum sentence for this offense for a first offender is 1 year in jail and/or a $1,000.00 fine. A second offender faces 2 years in jail and/or a $2,000.00 fine. A person who is charged with this offense three or more times faces a maximum sentence of 3 years in jail and/or a $3,000.00 fine. The MVA will also assess 12 points on a Maryland driving license for a conviction of this offense. Remember, 12 total points on a Maryland driverÕs license can result in license revocation. 3. 2. Driving While Impaired - This means that the driver is charged with driving after having consumed alcohol in sufficient quantity to impair normal coordination but not enough to put him or her under the influence of alcohol. In other words, the driver is affected by alcohol consumption but not drunk. The maximum sentence for this offense for a first offender is 60 days in jail and/or a $500.00 fine. A subsequent offender faces 1 year in jail and/or a $1,000.00 fine. The MVA will also assess 8 points on a Maryland driving license for a conviction of this offense. Remember, 8 total points on a Maryland driverÕs license can result in license suspension. 4. 3. Related Moving Violation - Typically, the arresting officer will (but does not have to) charge the driver with a moving violation which the officer will allege is the reason for the initial stop of the automobile. These offenses are almost always fine only offense and will generally have far fewer point assessments by the MVA. NOW THAT YOUÕVE BEEN CHARGED WITH DUI IN MARYLAND: If you face a DUI charge in Maryland, in the eyes of the court, you are accused of a serious crime. Mothers Against Drunk Driving (MADD) have been beating the drums for over twenty years telling judges at judicial conferences about the dangers to the public caused by drunk drivers. You fact the potential loss of your license, incarceration, heavy fines and a permanent criminal record. Whether you believe that you are guilty or innocent, your first priority must be to find an attorney to protect your rights and defend you. Make sure that the lawyer you choose has experience both in terms of the number of years that he or she has been defending clients charged with DUI but in terms of the number of cases that he or she has handled in this area.
2. Little, Scott: assault, traffic offenses, drug related offenses, robbery, murder, theft related crimes, and burglary. Being charged with a crime can send you to jail and should be taken seriously.
3. Carey & Associates: The following are common mistakes people make in their Maryland DUI cases, and the regrets and consequences of those mistakes: 1. I pled guilty at the outset of the case. I just wanted to get my DUI in Maryland over with. It was a first offense and just wanted to get it behind me as soon as possible. I didnÕt know anything about mitigation or how to minimize the offense or sentence and now have a permanent record. 2. I didnÕt take the charge seriously. I thought it was like a traffic ticket. Now, IÕm paying high risk car insurance and have a criminal record which has prevented me from getting the job I want. It would have been cheaper to treat this like the very serious charge that it was from the very start. 3. I tried to talk and negotiate with the prosecutor myself. I wanted to save money so I spoke with the prosecutor and admitted drinking before I got behind the wheel. I even admitted that I had two prior DUIs that the prosecutor didnÕt know about. Instead of giving me credit for honesty, the prosecutor served me with a Notice of Subsequent Offender which increases the maximum penalty and makes it far more likely that I will now go to jail for this offense. 4. I ignored the summons because I donÕt live in Maryland. I simply figured that since I never planned to visit Maryland again, that this case wouldnÕt hurt me. Instead, the Maryland court issued a bench warrant for my arrest and my non-Maryland driverÕs license has been suspended because of the Maryland case and I will have to return to Maryland to resolve this case if I ever want to drive legally again. 5. I didnÕt hire an attorney. I thought I could do it myself. After all, how hard could a DUI charge be? I mean, I did admit to drinking and I blew over the legal limit . . . open and shut, right? Turns out the law is more complex than I thought and had I raised a Constitutional issue at the right time, my case would probably have been thrown out. 6. I hired the cheapest attorney I could find and thought only about cost. Well, I got what I paid for!! I understand there is always a chance of losing, but with the person I hired, winning was never an option. If I had to do it all over again, I would have hired the best attorney I could find and have him fight like to hell to protect my rights. 7. I talked to people other than an attorney about my case and listened to their advice. IÕm a big believer in learning by experience. So I talked to other people whoÕd gone through this before. This was my first DUI arrest. The advice I got was dead wrong. I didnÕt know that the law had changed since my friend got his last DUI.
4. Epstein, Phillip: You should never face DUI/DWI charges or other serious traffic offenses without a lawyer. The penalties can include both fines and a possible jail sentence. You will need assistance with these charges in Court and also at administrative hearings concerning the possible suspension or revocation of your driver's license.
5. Walsh, Becker, Moody & Rice: If you have been charged with a crime, it is critical to protect your rights by retaining an experienced criminal defense attorney who will fight for you. A criminal conviction can have a lasting impact on your employment opportunities and your freedom. Retaining an attorney is the first step to protecting your rights.
6. Darlene Powell: You should consult an attorney for individual advice regarding your own situation.
7. Gabriel Christian: If You are Arrested Before the police takes you into custody, make sure that your house or car is secure. Make sure you have been informed as to why you are being arrested. NOTE: A lawyer should be called as soon as possible. The advise of an attorney is extremely important early in the process. Under no circumstances should you make incriminating statements which might be used against you at a later time. In most states, you must be taken before a judge, magistrate, constable or court commissioner within 24 hours of your arrest. You should secure legal representation before this initial court appearance. Ask to telephone your parent, guardian, or lawyer immediately. Yo have the right to make one phone call to the person of your choice; use it. You also have the right to privacy during the call. If this right is denied, do not cause a confrontation that might result in additional charges being filed against you. You should always have the number of a lawyer or a person you can rely on to get you an attorney if your lawyer is unavailable. Keep a record of that number, as well as the name and number of a lawyer in your wallet or purse.
8. Goodwin Schlossberg: DUI/DWI- Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI/DWI charges may result in fines, the revocation or suspension of your driver's license, and possible jail time. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced criminal defense attorney can make all the difference in such a difficult case.