Maryland DUI Information & News

Maryland DUI Question and Answer

2006-11-26T23:49:00.001-05:00

Twenty Questions relating to Drunk Driving law in Maryland.

Technorati Tags: maryland, dui, question, answer

Do I have to take the Field Sobriety Test?

2006-11-24T03:00:00.001-05:00

You do not have to submit to field
sobriety tests.

However, the officer will more than likely arrest someone
who refuses to take field sobriety tests (FST).

The FSTs are not conclusive and are merely meant to bolster the State's case. You may perform well on the test, but the police officer is trained to testify as to what you did not do well. In the end the tests, are a subjective measure and there could be many reasons for any "clues" the police officer notes.

Technorati Tags: sobriety, test, fst, testify, subjective, clues

Repeat Offender Violations

2006-11-07T01:46:00.000-05:00

A repeat offender is anyone who has received more than one “driving under the influence” (DUI) violation within a 5-year period.

A “repeat offender” will be suspended for a one-year period. After the one-year suspension period has ended, the person then must maintain an ignition interlock device on their vehicle(s) for one year.

For more information regarding violations for a repeat offense, please visit the Motor Vehicle Adminstration, Repeat Offender Violations

Bracelet Monitors Alcohol Consumption

2006-11-06T01:30:00.000-05:00

One of the increasingly popular ways to track alcohol consumption in drunk driving offenders is called a Secured Continuous Remote Alcohol Monitoring (SCRAM) device.

A SCRAM device monitors the alcohol content in the individual's perspiration and the information is sent to an off site location.

Bracelet Monitors Alcohol Consumption, Daily Herald (Oct. 31, 2006).

All you need to know about your Driver's License

2006-10-30T23:06:00.000-05:00

The Maryland MVA publishes the Driver's Handbook which contains information regarding your driver's license, and when it can be suspended, including why.

All you need to know about your Driver's License.

The table of contents includes:

How to obtain a license
Graduated Licensing & Rookie Driver
Driver License Compact
Point System
Suspension, Revocation & Cancellation
Medical Advisory Board, and others

Your driver's license is valuable, and yet, it still may be suspended with out a hearing. Maryland has recently increased the length of suspension for certain drunk driving offenses. Please contact Kenneth E. Crocken, Esq., to discuss your case, (410) 878-2905

Requesting Accident Report from State Police

2006-10-29T12:35:00.000-05:00

If you need to request an accident report from the Maryland State Police, there are two ways to obtain the report:

1. You can call the barracks that completed the report 10 days after the accident and request to pick up the report in person, with a $4.00 check or money order for the fee (no cash); or

2. You can mail in a form, with a $4.00 check or money order for the fee (no cash), including your name, date of the accident, the report number (if known), whether a death was involved (and the name of the descendant, if known).

Below is a link to more information, including the Accident Report Request form:

Maryland State Police, Accident Reports

If you have been involved in a auto accident and have been charged with drunk driving or have been injured, call Kenneth E. Crocken, Esq., at (410) 878-2905.

The Stigma of Drunk Driving - Expunge Criminal Records

2006-10-27T17:32:00.000-04:00

Drunk driving laws are tough and, more than likely, will only be getting tougher. Being charged with a drunk driving offense is a serious matter, however, a driver can obtain a favorable outcome. However, a not guilty finding, a dismissal of the charges or even being given probation before judgment does not mean the stigma of a drunk driving charge will not catch up to you.

Maryland gubernatorial candidate (and current Baltimore Mayor), Martin O'Malley, was charged with a drunk driving offense nearly 20 years ago and acquitted. The charges, though found not guilty, are now being used against the Mayor in his campgain for governor. Doug Donova, Andrew A. Green, O'Malley refuses to offer details about DUI case (visited Oct. 27, 2006).

While guilty findings can not be removed, you can get your records expunged if you met certain criteria.

Feel free to contact Kenneth E. Crocken, Esq. at (410) 878-2905 for a free initial consultation.

Presumptions from Alcohol Concentration Test

2006-10-26T15:36:00.000-04:00

Several presumptions arise in the criminal trial of a drunk driving offense from the alcohol concentration test - a breathalyzer or blood test.

A BAC of .08 raises the presumption that the driver was under the influence, per se. That is, no additional evidence of guilt needs to be presented. Further, the test results will be entered into evidence as fact if you do not request that the State prove the fitness and reliability of the test results.

Additional presumptions arises also, such as if the BAC is .05 or below it is presumed you are not under the influence or impaired, also, a BAC result of .02 raises the presumption that alcohol is in your system.

Md. Code Ann., Cts. & Jud. Proc., s. 10-307

New Adminstrative Penalties

2006-10-24T18:58:00.000-04:00

In October, Maryland increased the administrative penalties for certain classes of DUI arrests.

Driver, of legal drinking, with a breath alcohol content of .15 or higher:

1st Offense: 90 Days
Subsequent Offense: 180 Days

Driver, under the legal drinking age, with a breath alcohol content of .02 or more:

1st Offense: 1 Year
Subsequent Offense: 2 Years

For more information on the penalties for Drunk Driving in Maryland, click here.

If you are in need of legal services because of a drunk driving arrest in Maryland, please call Kenneth E. Crocken, Esq., at (410) 878-2905.

Common Defenses - Part II

2006-10-24T16:02:00.000-04:00

The Arrest.

The arrest has to be justified by probable cause that individual was driving under the influence or while intoxicated. Probable cause is developed through various avenues, observation of the driver, smell of alcohol, field sobriety tests, and a preliminary breathalyzer. You are under no obligation to perform the field sobriety tests or to take a preliminary breathalyzer.

Once a driver is taken into custody and a request for a formal breathalyzer test is made, the driver must take the test or refuse. The driver is subject to certain administrative penalities if the formal breathalyzer is refused, including automatic suspension of the license to drive, and/or requiring the use of an ingnition interlock, commonly referred to as the "blow-and-go."

Breathalyzer Test.

The breathalyzer test results are usually the strongest evidence in a DUI/DWI case. You must request that the state formally introduce the evidence or it will be taken as fact on essentially affidavit without the benefit or any crossexamination or scrutiny. The Breathalyzer is a machine and has faults, especially if the manufacturer's maintenace requirements are not followed. The Breathalyzer results can be attacked from many avenues, to the formal requirments of the Advice of Rights, strict timing and observational requirements, to the actual machine..

Do you need to drive to be arrested...

2006-03-25T04:06:00.000-05:00

Being in a bar does not exempt one from the state laws against public drunkeness, Beck said.

The goal, she said, was to detain drunks before they leave a bar and go do something dangerous like drive a car.

Finding drunks in a bar -- what are the chances? - Yahoo! News

First they came for the drunks.....

2006-03-24T10:41:00.000-05:00

The Constitution requires that a police officer have probable cause before the police can stop your car and detain you. However, this is not neccessarily the case for DUI violations

In 44 states today, however, it is legal to stop you for absolutely no reason other than the fact that you are driving a car. The only purpose is to check you out for drunk driving.

Lawerence Taylor

DUI Blog : Bad Drunk Driving Laws, False Evidence and a Fading Constitution

Mr. Taylor, a California DUI attorney, lectures about DUI laws across the country. Mr. Taylor makes a good point about the slippery slope evolution of DUI laws. The legal system is about precedent, exceptions in case can be made in others.

He closes with the quote...

"First they came for the drunks, but I was not a drunk, so I did not speak up...."

DUI Defense Lawyers Challenge Breath Test - Yahoo! News

2006-03-11T14:28:00.000-05:00

DUI Defense Lawyers Challenge Breath Test - Yahoo! News: "Most states have 'implied consent' laws for motorists requiring DUI suspects to blow into a breath analysis machine if asked to do so by a police officer.

'The breath test is an integral part of any prosecution,' said Earl Varn, an assistant state attorney in Sarasota.

In Florida, state law currently considers a breath test valid if the machine is approved by the Florida Department of Law Enforcement and the person administering the test is qualified. The law also says that a defendant is entitled to 'full information concerning the test taken' if such a request is made.

The meaning of that phrase is the key to the DUI challenges in Florida and other states with similar laws.

DUI defense lawyers insist that 'full information' means every minute detail about the Intoxilyzer, including the source code used by its computer processor to analyze breath samples, should be subjected to review by expert defense witnesses. Some judges have agreed."

Penalties for Refusing Breath/Blood Test

2006-01-07T20:03:00.000-05:00

From Ohio News Now:

Every state but Nevada suspends a driver's license for refusing a breath or blood test after being stopped on suspicion of drunken driving. With three new laws passed in 2005, 19 states now add civil or criminal penalties ranging from fines to jail time.

. . .

Maryland: Up to $500 fine and extra 60 days in jail if convicted of drunken driving. 29 percent.

ONN. Ohio News Now: States add to penalties for refusing DUI breath test [online] (2006). (January 7, 2006).

See also, Md. Code Ann., Trans., Section 27-101(x).

If you refused the breath/blood test your license is subject to automatic suspension in Maryland. You may avoid the automatic suspension if within 10 days of your arrest a request for a hearing (with the filing fee of $125.00) is filed with the Maryland Motor Vehicle Administration. See, Maryland MVA 10 Day Rule.

The Maryland MVA may modify the suspension and allow you to keep your license if you agree to install a ignition interlock system for one year on all vehicles owned or jointly owned. See, Md. Code Ann., Trans., Section 16-404.1.

Washington County, Maryland - DUI & Drug dispositons

2005-12-19T10:25:00.000-05:00

Follow the link to view the dispositions.

When probation before judgment is granted, a person does not have a conviction on his or her record. However, if the conditions of the probation are violated, the probation is revoked and a conviction is entered. Also, if there was a suspended jail sentence or fine, such maybe imposed if the probation is violated.

Conditions of probation routinely included addiction treatment and education at the defendant's expense.

The Herald-Mail ONLINE; Drug & DUI Dispositions [online] (2005). (December 19, 2005).

Common Defenses to a DUI Charge, Part I

2005-11-02T16:53:00.000-05:00

Being charged with an impaired driving offense does not necessarily mean a conviction and the subsequent headaches that will follow; increased insurance rates, loss of time, perhaps paying for an interlock system, alcohol education classes, etc . . .

The prosecution has to prove beyond a reasonable doubt that you violated the law, it is the corner of American jurisprudence and your right. A good DUI/DWI lawyer will help you develop a strategy that will hopefully minimize the impact of the charge, and will also be able to evaluate the State's case for any holes. The next few posts will outline some defenses.

COMMON DEFENSES

Driving.

The State has to prove you were driving, and that you were driving on a public highway or private property used by the public in general.

The Stop.

There has to be a legal justification for the stop (speeding, weaving, no turn signal, invalid registration, to name only a few). To stop and hold a person, the police officer needs only a reasonable suspicion of a crime, that is the officer has to be able to articulate what made him suspicious, it can not be only a hunch or gut feeling.

Checkpoints are an increasingly popular way of patrolling the highways. The checkpoints are highly regulated with many possible areas for mistakes by the police - was there adequate notice, were the stops random, was there a clear and specific purpose, etc . . . Sobriety Checkpoints have been determined to be constituational by the Supreme Court if the checkpoint meets certain requirements.

One Glass of Wine

2005-10-12T10:57:00.000-04:00

A glass of wine with dinner in Washington, D.C., apparently means you can be arrested.

Single Glass of Wine Immerses D.C. Driver in Legal Battle [online] (2005). (October 12, 2005).

First Time Offender v. Habitual Drunk Driving

2005-09-27T09:20:00.000-04:00

Generally, a first time DUI/DWI offender who is offered probation before judgment will be required to take an alcohol education class and attend some sort of alcohol counseling. Most first time offenders just want the experience behind them and usually instruct me to take the plea (even if I advise them that they have a defense). These are the people who are one and done and are by far a majority of the DUI/DWI.

However, there are some people out there who just can not seem to stop driving drunk.

Therer are two problems with habitual drunk drivers. First is the addiction. Once some is addicted to alcohol, recovery is extremely difficult. Unless an alcoholic can get clean, more than likely, the pattern of drunk driving will continue.

The second problem is money. The classes and counseling ordered by the court cost money and this is on top of any fines, court costs and lawyer fees. The alcoholic's finances are usually stretched pretty thin from drinking and can not afford to begin or continue any counseling. So, the habitual drunk driving continues.

Prior to going to court I advise my clients to take some alcohol classes and attend some AA meetings. A judge takes this into consideration (it only comes into evidence if you accept a plea or are found guilty) and usually (but not always) waives some of the fees involved or he may even decline to order counseling if the individual has been extremely proactive.

Habitual Drunk Drivers Not Always Getting Counseling [online] (2005). (Spetmeber 22, 2005).

Are Sobriety Checkpoints Efficient?

2005-09-19T11:07:00.000-04:00

When a court talks of sobriety checkpoints part of the discussion is the efficiency of the checkpoint, main in terms of the arrest rate. Generally, sobriety checkpoints with a .1% arrest rate are held to be efficient enough in removing drunk drivers from the road to help pass a constitutional challenge.

The last checkpoint in the [Anne Arundel] county, conducted July 22, yielded four DUI arrests and one drug arrest after officers stopped 651 vehicles.

The last checkpoint in the [Annapolis] city on Aug. 26, yielded six arrests after officers stopped 335 vehicles.

Other checkpoints haven't been so successful. After stopping about 1,000 cars Aug. 18, city police made no arrests.

While the arrest rate is one way to measure the effectiveness and efficiency of a checkpoint, there are also other concerns.

To properly man a checkpoint, roughly 20 uniformed officers are needed. The officers are given a strict set of regulations that are to be followed, providing fertile ground for a defense attorney to pick through for mistakes that may cause a judge to dismiss the case.

While sobriety checkpoints are effcient enough to pass a constitutional test, with the relatively low amount of arrests, the large amount of man power and resources needed, and the strict regulations that need to be followed, how efficient are the checkpoints overall?

HometownAnnapolis.com, Top Stories - Police DUI checkpoint announcements questioned [online] (2005). (September 16, 2005).

MD State Police Arrest 202 Motorist Over Labor Day Weekend

2005-09-13T11:36:00.000-04:00

HometownAnnapolis.com, Top Stories - Arundel report: Area news briefs [online] (2005). (Sept. 13, 2005).

Troopers crack down on drivers

State troopers were busy over the Labor Day weekend, conducting 80 percent more traffic stops than last year and writing more than 20,000 tickets, warnings and repair orders, the department said.

Troopers arrested 202 motorists for DUI -- 15 percent more than last year -- and 167 for other criminal charges. State police drug investigators also made 83 drug arrests and served 32 search warrants. They recovered almost four pounds of powder and crack cocaine, as well as stashes of hydrocodone and marijuana.

Troopers investigated 193 crashes, down 11 percent from last year.

Col. Thomas E. Hutchins, state police superintendent, ordered more than 1,400 troopers to take to the roads, canceling leave and deploying those not normally assigned to patrols.

Florida - New DUI machine has same old flaw

2005-09-09T10:24:00.000-04:00

A defendant has a right to all evidence that may tend to negate guilt or punishment for a crime, including DUI. In Seminole County, Florida, judges are dismissing DUI cases because the state prosecutors are not turning over evidence, specifically the source code of the software that runs the Intoxilyzer 5000 (the breath-alcohol testing machine).

With computers there is a saying, "Garbage in, garbage out." If the code that runs the software controlling the BAC test is bad, the results will not be accurate.

The State argues that it can not get the source code, that it is a trade secret of the company that produces the machine. Essentially it seems the state is saying that the protection of the private company's trade secret is more important than the guilt or innocence of a citizen.

The odd thing is that Florida apparently just negotiated a new $2 million deal for high-tech breath alcohol machines, however, failed to get the source code.

Other counties in Florida have ruled that the Defendant's are not entitled to the source code, so the issue is unresolved.

A search of Maryland cases did not produce any results. As such, it seems that it would be an issue of first impression in Maryland if a case went to the Court of Special Appeals or Court of Appeals.

New DUI machine has same old flaw - OrlandoSentinel.com: Seminole County News [online](2005). (September 9, 2005).

Tthe Bush-Clinton Katrina Fund

2005-09-08T09:49:00.000-04:00

Welcome to the Bush-Clinton Katrina Fund Official Web Site

Scope of Maryland DUI Law

2005-09-07T11:50:00.000-04:00

Family and friends often ask me what the scope of Maryland's DUI law is; whether they could drive on private property while imparied or under the influence.

People should know that Md. Code Ann., Trans. Section 21-902 applies to all of Maryland, whether on a highway or in your backyard.

As such, the answer is yes it is illegal to drive drunk, even in your own backyard.

In the news:

Baltimore County Councilman Stephen G. Samuel Moxel is granted PBJ on a drunk driving charge.

Moxley gets probation for driving drunk - baltimoresun.com [online] (2005). September 7, 2005).

Network for Good :: Hurricane Relief Efforts and Preparedness

2005-09-01T11:04:00.000-04:00

You can also give to the relief effort here.

Network for Good :: Hurricane Relief Efforts and Preparedness

Help in the Hurricane Katrina Relief Effort

2005-08-31T09:18:00.000-04:00

Donate to the Red Cross' Hurricane Katrina Relief Effort.

American Red Cross - Credit Card Contribution