PLEADING GUILTY and “NOT DEMANDING” that the state “PROVE EVERY” element of EACH charge can be a “LONG LASTING MISTAKE” It may have been a “SERIES OF MISTAKES” to take field sobriety tests, a breath test or even answer the police “OFFICERS QUESTIONS” officer’s questions. Upon receipt of your call, we can review, & explain, 🔥RIGHTS YOU NOW HAVE & DUI DEFENSES YOU MAY NOT KNOW ABOUT🔥

These defenses often make the entire difference between winning OR losing your case. Even if you believe you are guilty, the state may “NOT” be able to “PROVE” you are guilty. I have watched this happen many times. When you retain our office you will get an excellent opportunity to have your case dismissed prior to trial. “RESULTS ARE EVERYTHING”.

Our objective is to Avoid PBJ or a DUI criminal conviction that can stay with you for the rest of your life; result in multi-year insurance increases; high costs and expenses of alcohol related probations; the loss of your license and a possible jail sentence.

Upon receipt of your call we will fully explain all your options, targeted DUI defenses that work, HOW TO SAVE YOUR LICENSE and the ways in which DUI cases can be dismissed prior to trial. We are so “CONFIDENT” in our abilities, that if this is your first DUI case and you receive points for an alcohol related offense related to this case, we will represent you at the MVA for Free.

As a former State Prosecutor and Criminal Probation Officer, for many years, Jack Hyatt has the targeted experience, you need, and has gained experience in over 20,000 cases. He thoroughly knows the state’s play book, is able to use “BOTH SIDES” of the law to provide you with an excellent opportunity to get your case dismissed prior to trial; to keep your license; avoid probation before judgment; avoid the high costs and expenses of alcohol related probations; avoid a criminal conviction for DUI and multi-year insurance increases.

Upon receipt of your call, we can begin to determine if legal grounds exist for your case to be DISMISSED prior to your trial.

We are experienced in every Maryland County. There is no charge to call. You can ☎ CALL now. You have nothing to lose!!

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Each case is different and past records are no assurance that the lawyer will reach a favorable result in any future case.

Jack Hyatt is an experienced lawyer for DUI, Driving on Suspended or Revoked License, Driving a Rented Vehicle in Violation of a Lease Agreement, Speeding, Radar and MVA Hearings. When you call, we can explain highly effective, targeted defenses for each of these charges.

Both Maryland lawyers, out of state lawyers, and police officers have selected Jack Hyatt to represent them in their PERSONAL DUI cases.

The police are required to follow very strict procedures in DUI cases. The police officer’s failure to do so can lead to the dismissal of your DUI case. What is referred to as a “Technicality” or “Loophole”, is actually a way of using the constitution to have your case dismissed. I understand how to dismantle the toughest cases, even with high breath test results. You may be surprised to learn exactly how physical illnesses, mental illnesses or disabilities can be confused with DUI and can make an effective presentation to the court in an effort to get the case dismissed. "I have seen this happen many times".

The education, training and experiences of your lawyer can make the “Difference ” in the final result. When defending your DUI or driving on Suspended or Revoked License case “RESULTS ARE EVERYTHING”.

Maryland DUI Attorneys

If you fail to request a hearing within this limited time frame may result in the loss of your driving privileges for a significant amount of time. We can assist in submitting the request to the Maryland Office of Administrative Hearings and can represent you at your hearing.

Drunk driving is punished harshly by Maryland even as a first offense. It can lead to up to one year in jail, a fine of up to $1000.00, suspension of your driver’s license and possible imposition of twelve points on your driving record.

Your DUI defense starts with your own actions. If you are pulled over and police suspect you may have been drinking, you will likely be asked to perform or complete a roadside breath test.

Most people cannot understand that these tests are voluntary. You do not have to submit to field sobriety testing, but your refusal to take a test will most likely result in your arrest.

While this seems like a harsh choice, remember that the field sobriety tests are designed to give the police and the State evidence that you are in fact impaired. If you refuse to participate in the tests, you reduce the amount of evidence they have to use against you at trial.

Fortunately, a Maryland DUI lawyer may be able to get your charges dismissed, or in the alternative, negotiate for DWI. Probation Before Judgement strikes the finding of guilt and will prevent any points from being assessed to the defendant’s driver’s license.

Maryland DUI Lawyers

Our can answer your questions. This will not only protect your driving privileges, but also your insurance rates.

Although disorderly conduct is not technically part of driving while impaired, it is a serious misdemeanor offense that often stems from alcohol consumption.

Most people think of DUI, or driving under the influence. In the state of Maryland, however, there are additional alcohol-related charges one may face if he or she chooses to drive after drinking. In fact, one can be charged with DWI, or driving while impaired, even if his or her blood alcohol concentration alcohol falls below .08, the legal limit for intoxication in drunk driving cases.

Though DWI is considered a less serious offense than drunk driving, consequences may still be severe. You may also face serious penalties if convicted of in Maryland.

Prosecutors will not take your DWI charge lightly, and neither should you. If you are suspected of driving while impaired and arrested, call a qualified DUI lawyer as soon as possible. Your Maryland DUI attorney can advise you about your rights and options and help you avoid making costly mistakes that could jeopardize your case.

DWI Penalties

DWI is punished harshly, even as a first offense. Though the penalties for DWI are less severe than those associated with a DUI conviction, they nevertheless have a significant impact.

First offense DWI can result in up to 2 months in jail, fine of up to $500.00, suspension of your driver’s license and possible imposition of 8 points on your driving record. Our Maryland DUI Lawyers can answer your questions.

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If you are transporting a minor at the time of your DWI arrest, you jail time could increase to 6 months and your fine doubled to $1000. Fortunately, a skilled Maryland DWI attorney may be able to negotiate Probation before Judgment called PBJ for DWI. Probation Before Judgement strikes the finding of guilt and will prevent the points from being assessed to the defendant’s driver’s license. PBJ will not only protect your driving privileges, but also your insurance rates.

DWI Defense After a DWI arrest, if you refused the field sobriety tests or you blew above a .08, your driving privileges will be automatically suspended on the forty-sixth day after your arrest. You have ten days to request a hearing at the MVA to attempt to have your driving privileges reinstated. For this reason, it is critical that you contact us.

Call Maryland DUI Lawyer as soon as possible to protect your rights, restore your privileges, and defend you against your DWI charge.

Recidivists

The penalties for DUI and DWI in Maryland for a first offense are serious. However, repeat offenders will be facing enhanced penalties under the law, and as such, retaining experienced legal counsel is invaluable if you are charged with either a second or subsequent offense. Furthermore, a person’s ability to drive will be significantly hindered due to either revocation or suspension of your license.

Ignition Interlock Devices

Ignition interlock devices function much like a breathalyzer, but are attached to the ignition system of the driver’s vehicle. Thus, in order for a person to be able to drive with an ignition interlock device installed on his or her vehicle, he or she must pass a breath test. If any alcohol is detected on the breath of the person, the car will not start. Moreover, these devices also require the driver to submit to random testing, to ensure that the driver has not circumvented the prohibition against drinking and driving.

Noah's Law

If an individual’s blood alcohol content is 0.15 or higher and if he or she convicted as a first-time offender, that person will face a 180-day license suspension without the chance of conditional driving situations, and will be installed. If a person refuses a breathalyzer test during a stop, the penalties increase automatically. Their license will be suspended for 270 days, there are no modifications, and/or you have an ignition interlock installed. Under the new law, the penalties are harsher.

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DUI Security Clearance Violations

Maryland DUI charges can have a profound and lasting effect on your life, burdening you for years to come in both personal and professional arenas. Even though your legal issues may be resolved, when you start to look for a job, your past can make things difficult for you.

Your driving record is especially true in professions that ask for security clearance. In fact, certain employers including those offering government jobs may discard you from the pool of applicants because of a charge or conviction. But retaining an experienced DUI lawyer in Maryland may help avoid this issue, and help you reach your career goals unimpeded by a blemish on your record.

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What steps you can take to prevent issues surrounding charges and security clearance? The truth is, you need to talk to a Maryland DUI attorney about those step. Each case is different, so you won’t know what to do until you receive legal advice. Make sure that the attorney you choose knows this area of the law well, in order to make your road to success as smooth as it can be.

Unfortunately, even if you have a DUI lawyer at your side, driving under the influence issues can impact more than your potential security clearance; they can mean the revocation of any current clearances that you have. It depends upon your employers, but it’s possible for a drunk driving charge or conviction to mean a demotion. It can even mean job loss. If you’re facing situations like these, getting someone to work with the prosecutor may spare you a conviction, and help you avoid professional consequences.

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Numerous variables come into play when a drunk driving case and security clearance are involved. Often, an employer’s policies are the most telling, and such policies can vary from government agency to government agency. They can also differ from employer to employer, and even from position to position within the same department. When it comes to Maryland DUI charges, you should have a legal advocate to handle the case. This can help you make sense of the variables involved.

They understand what you face, and what your options are. Call our office today to talk about those options, and have knowledgeable representatives answer your questions in a free initial consultation.

Maryland MVA Hearing

In addition to criminal penalties associated with a DUI, a person is subject to administrative penalties – namely the inability to drive for a designated period. However, it is important to understand that if you are charged with DUI, you are not automatically prohibited from driving. Under the law, you can challenge the suspension of your driving privileges at a MVA hearing. The hearing is held before an administrative law judge, and it is advised that you retain legal counsel.

For help, Maryland DUI Attorneys for answers to your questions

An experienced attorney will be aware of the intricacies of the administrative hearing process, and the arguments that will prevail in front of a judge. Maryland DUI lawyer Jack Hyatt has handled numerous cases, and can advocate on your behalf to protect your ability to drive. Do not hesitate to contact us.

Standardized Field Sobriety Tests

One Leg Stand test

The other standardized test is the One Leg Stand OLS . The OLS test requires the suspect to stand on one leg for 30 seconds and also measures balance, coordination, and similar to the WAT test, divides the suspect's attention. The officer is looking for any of the four possible clues: Sways while balancing, uses arms for balance, hopping and puts their foot down.

The One Leg Stand test is composed of two stages: the Instruction Phase and Balancing Phase. The proper instruction, according to the NHTSA Guidelines, is as; One Leg Stand test instructions; Stand with your feet together and your arms at your side demonstrate; Maintain position until told otherwise

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When I tell you to, I want you to raise one leg, either one, approximately 6 inches off the ground, foot pointed out, both legs straight and look at the elevated foot. Count out loud in the following manner: 1001, 1002, 1003, 1004 and so on until told to stop.

Do you understand the instructions?

You may begin the test.

One Leg Stand Test evaluation There are four cues or clues that a police officer is looking for on the One Leg Stand Test; they are as Uses arms to balance; Sways while balancing; Sways while balancing; Puts foot down Hops and Starts too soon

The NHTSA training lists several alternative tests. The term non standardized is used in contrast to SFSTs , but it is also referenced by the NHTSA as other sobriety tests . Some of these tests have been scientifically studied and found reliable, while others have not. They do not have as much evidence as the SFSTs.] Nevertheless, these tests are common in North America, because the primary purpose of FSTs is to establish probable cause to sustain an arrest and invoke the implied consent law, and thus they do not need to be scientifically validated. In Ohio, only the standardized tests will be admitted into evidence, provided they were administered and objectively scored

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The three tests chosen to constitute the Standardized Field Sobriety Tests SFSTs , which have been validated by NHTSA, are:

The Horizontal Gaze Nystagmus Test, which involves following an object with the eyes such as a pen to determine characteristic eye movement reaction.

The Walk and Turn Test heel to toe in a straight line . This test is designed to measure a person's ability to follow directions and remember a series of steps while dividing attention between physical and mental tasks.

The One Leg Stand Test. Many law enforcement agencies use this three test battery on all DUI traffic stops. Burns stated that the tests must be administered in a standardized way in order to have meaning as objective measures. That is, the instructions must be given properly, and the critical elements of the test must be preserved, for the scientific studies to meaningfully validate the results of the tests.[6] Up through 2009, NHTSA manuals stated: emphasis and capitalization as originally supplied

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IT IS NECESSARY TO EMPHASIZE THIS VALIDATION APPLIES ONLY WHEN:

THE TESTS ARE ADMINISTERED IN THE PRESCRIBED, STANDARDIZED MANNER; THE STANDARDIZED CLUES ARE USED TO ASSESS THE SUSPECT’S PERFORMANCE AND THE STANDARDIZED CRITERIA ARE EMPLOYED TO INTERPRET THAT PERFORMANCE.

IF ANY ONE OF THE STANDARDIZED FIELD SOBRIETY TEST ELEMENTS IS CHANGED, THE VALIDITY IS COMPROMISED.

Horizontal Gaze Nystagmus Test HGN

The first test that is typically administered is the Horizontal Gaze Nystagmus or HGN test, which is administered by the police officer checking the test subject's eyes. During this test, the officer looks for involuntary jerking of the suspect's eyes as they gaze toward the side. The officer checks for three clues in each eye, which gives six clues for this test. The clues are: lack of smooth pursuit of the eyes, distinct and sustained nystagmus at the eyes' maximum deviation and nystagmus starting before the eyes reach 45 degrees.

Horizontal Gaze Nystagmus Instructions Keep your head still and follow the stimulus with your eyes only. I am going to check your eyes. Please remove your glasses Do you understand the instructions? Do not move your head.

Horizontal Gaze Nystagmus Evaluation There are six cues or clues that a police officer is looking for on the Horizontal Gaze Nystagmus Test, they are as follows: Lack of smooth pursuit Distinct and sustained nystagmus and maximum deviation Onset of nystagmus prior to 45 degrees

While the original research indicated that 6 out of 6 clues or cues meant that a person was more likely above 0.08% at the time of the test, subsequent research conducted by the NHTSA has indicated that a Hit occurred when the number of reported signs for a given BAC fell within the range: a > 0.06% at 4–6 clues; a 0.05 – 0.059% at 2–4 clues; a 0.03 – 0.049% at 0–4 clues and a < 0.03% at 0–2 cues or clues. The police may also then check for Vertical Gaze Nystagmus, which is used to test for high blood alcohol levels and/or the presence of certain drugs.

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While the purpose is obtaining probable cause support for an arrest and possibly screening, in some jurisdictions, the HGN test may be used as corroborating evidence at the trial stage. US jurisdictions differ on whether trial use of the HGN test requires that an expert establish a reliable foundation, as required under the DUI standard.

Test. This test measures the suspect's ability to maintain their balance, walk in a straight line, and follow directions. To perform the test, the suspect will take nine heel to toe steps along a straight line during which time they must keep their arms to their side and count each step out loud. While the suspect performs this test, the officer is attempting to observe if the suspect fails to follow instructions; is having difficulty keeping their balance; stops walking in order to regain their balance; takes an incorrect number of steps; or fails to walk the line heel to toe.

The walk and turn test is composed of two phases: the Instruction Phase and Walking Phase. During the test, the individual is directed to take nine steps along a straight line. The individual is supposed to walk heel to toe, and while looking down at a real or imaginary line, count the steps out loud. The test subject's arms must remain at their side. Reaching the ending point, the individual must turn around using a series of small steps, and return to the starting point. The proper instruction, according to the NHTSA Guidelines is; When I tell you to begin, take 9 heel to toe steps on the line; demonstrate and take 9 heel to toe steps back down the line; Put your left foot on the line, then place your right foot on the line ahead of your left;, with the heel of your right foot against the toe of your left foot.

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If the suspect does not understand some part of the instructions, only the part in which the suspect does not understand should be repeated

Walk and Turn test evaluation There are eight cues or clues that a police officer is looking for on the Walk & Turn Test; they are as; Stops walking; Misses heel to toe; Uses arms for balance; Steps off line Can’t keep balance during instructions; Incorrect number of steps; Improper turn and Starts too soon

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One can instead calculate the sensitivity and specificity, which are independent of prevalence. For the 1998 NHTSA study these are 98.1% and 71.1% respectively. The high sensitivity indicates that genuinely impaired drivers are correctly identified as impaired. However, the low specificity indicates a significant fraction of sober drivers will fail the tests. One study involved completely sober individuals who were asked to perform the standardized field sobriety tests, and their performances were videotaped. After viewing the 21 videos of sober individuals taking the standardized field tests, the police officers believed that forty six percent of the individuals had 'too much to drink' . In general, sober drivers will fail the tests for a variety of reasons, particularly those who are sedentary, elderly, obese, or have conditions affecting mobility. particular may be affected by fatigue, injury, illness, or nervousness. The NHTSA used to say that those who are 50 pounds or more overweight may have difficulty performing the test, and that the suspect must walk along a real line. Later NHTSA manuals removed the weight comment, and also inserted the phrase 'imaginary line' at the instruction phase, even though original research always used a visible line.

Total cues: 8 cues – Decision point: 2/8 cues Romberg test, or the Modified Position of Attention Test, feet together, head back, eyes closed for thirty seconds, measure swaying . The Finger to Nose Test tip head back, eyes closed, touch the tip of nose with tip of index finger . The Finger Count Test touch each finger of hand to thumb counting with each touch The Alphabet Test recite all or part of the alphabet, forwards or backwards . The Counting Test counting backwards from a number ending in a number other than 5 or 0 and stopping at a number ending other than 5 or 0. The series of numbers should be more than 15 . The Preliminary Alcohol Screening Test, PAS Test or PBT, breathe into a portable or preliminary breath tester , PAS Test or PBT . Preliminary Breath Test PBT or Preliminary Alcohol Screening test PAS See also: Breathalyzer Preliminary Breath Test PBT or Preliminary Alcohol Screening test PAS

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There are also concerns about how objective the SFSTs are. The inter rater reliability—which measures how often different officers agree on the test results—ranges from 0.6 to 0.74, which is considered low to abysmal by most but highly reliable by some. Typically, what matters is the officer's decision based on everything the officer saw and inferred during the traffic stop—not just the results of the Standardized Field Sobriety Tests SFSTs . The likelihood ratio for the SFSTs alone is 1.50 for 0.05% BAC and 1.87 for 0.01% BAC, very weak ,[32] whereas the officer's judgment has a likelihood ratio between 3.8 and 4.4, a slight to moderate discrimination. In the opinion of Kane and Kane, the SFSTs have no clinically meaningful power to discriminate between drivers with high and low BACs.[32] In the vast majority of cases, an officer has already decided that a person is impaired, and the field sobriety test is solely to bolster the officer's testimony in court regarding their decision to arrest.

The Preliminary Breath Test PBT or Preliminary Alcohol Screening test PAS is sometimes categorized as part of 'field sobriety testing', although it is not part of the series of performance tests. The PBT or PAS uses a portable breath tester, but its primary use is for screening and establishing probable cause for arrest, to invoke the implied consent requirements or to establish reasonable grounds for making an approved instrument demand in Canada.

Different requirements apply in many states to drivers under DUI probation, in which case participation in a preliminary breath test PBT may be a condition of probation, and for commercial drivers under drug screening requirements. Some US states, notably California, have statutes on the books penalizing PBT refusal for drivers under 21; however the Constitutionality of those statutes has not been tested. As a practical matter, most criminal lawyers advise not engaging in discussion or justifying a refusal with the police.

The use of Field Sobriety Tests FST during DUI stops is controversial.[32] The training manuals associated with FSTs cite as statistics correct arrest decision accuracy , which measures positive predictive value,[32] and the studies cited also list an overall accuracy figure, also called Rand accuracy. However, these statistics do not directly relate to the probability that drivers who fail the SFSTs are impaired, as both of these are affected by the prevalence rate.[32] For example, the 1998 NHTSA study reports that the officer's decisions Figure 4 had an overall accuracy of 90.6%, and an arrest accuracy of 89.7%. But 72% of drivers tested had BAC over 0.08%. If only 1% of drivers tested had BAC over 0.08%, the arrest accuracy would fall to 3.3% due to a large number of false arrests and the overall accuracy to 71.3%. FSD analysis reports do not meet scientific peer review standards: The reports for all three studies issued by NHTSA are lacking much of the material and analysis expected in a scientific paper, and none have been published in peer reviewed journals .

Field sobriety test refusals

In all US jurisdictions, participation in a Field Sobriety Test is voluntary.[39] Police are not obliged to advise the suspect that participation in a FST or other pre arrest procedures is voluntary. In contrast, formal evidentiary tests given under implied consent requirements are considered mandatory.

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A suspect requested to participate in a Field Sobriety Test is likely to be told that the purpose is to determine whether the suspect is impaired;[12][13] however, FST tests are widely regarded as having, as their primary purpose, gaining tangible evidence for use against the suspect. The evidence is important in the establishment of probable cause for arrest. Since 'probable cause' is necessary under US law 4th Amendment to sustain an arrest and invocation of the implied consent law, it is important that the police document 'probable cause.

Felony DUI Offense

Maryland does not recognize a DUI as a felony. It does not matter how many a person gets. In other states, a third or a fourth offense becomes a felony.

However, they have strict laws throughout the state of Maryland. Several counties have task forces and spider teams that are designed for DUI enforcement or at least their goal is to do DUI enforcement.

These charges are taken very seriously. They are prosecuted heavily. They are always warning the greater public that this is a serious matter and that they are investigating at all times and that they will prosecute them. A person can know that by simply just looking at the highways as they drive and a number of signs that they see up that are related to Maryland DUIs. They have warned a person well ahead of time if they are going to do the strict enforcement from it. They even have the commercials now, which is the Do Not Drive Buzzed Campaign that is also of great importance.

The most commonly charged criminal offenses are driving while under the influence of alcohol and driving while impaired by alcohol. Driving while under the influence or DUI can be proven by a test result of .08 or more or by evidence showing that the driver’s normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carry 12 points with the MVA and at a hearing the driver’s license may be revoked.

Driving while impaired by alcohol or DWI can be proven by evidence showing that the driver’s normal coordination was impaired to some extent as a result of the consumption of alcohol. This offense can be proved by evidence of a test result of .07 or more, but less than .08. The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DWI also carries 8 points with the MVA and at a hearing the driver’s license may be suspended.

If the driver who has been found guilty of either DUI or DWI has not had a prior DUI or DWI in Maryland within the previous ten years, he or she may be eligible for a probation before judgment or PBJ.

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Most DUI cases begin with the police officer stopping the defendant’s car for some observed violation of law. The Fourth Amendment to the United States Constitution requires that a police officer has what is known as articulable reasonable suspicion to believe the defendant has committed, is committing, or is about to commit a crime. Occasionally, the State is unable to prove that the officer had a legitimate reason for stopping the Defendant’s car.

In those cases, the Fourth Amendment exclusionary rule requires that the court grant a motion to suppress the evidence that is obtained by the police as a result of the illegal stop. That is usually the balance of the evidence in the case.

As a result, when the court grants a motion to suppress in District Court, the State is normally unable to proceed any farther and the court grants a defense motion for a judgment of acquittal.

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If the officer had a valid basis for stopping the defendant, the next question is whether the officer had sufficient evidence to require the defendant to exit the car for the purpose of conducting standardized filed sobriety tests.

Police officers are trained to perform a mini-investigation, to decide whether to have the driver exit the car. Frequently, police officers completely skip this step and ask the driver to exit.

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However, if the basis for the stop did not involve bad driving, and the officer has confirmed that the driver has consumed some alcohol, the court could hold the State has failed to establish sufficient articulable reasonable suspicion to have the driver exit the car.

When an officer stops someone who the officer has reason to believe has been drinking, he or she will typically require the driver to exit the car to perform standardized field sobriety tests. The three standardized field sobriety tests approved by are the horizontal gaze nystagmus test, the walk and turn test and the one leg stand test. Based on the driver’s performance, the officer may offer the driver a preliminary breath test at the scene of the stop. Based on all of these tests, as well as any other observations made the officer, the officer may decide to arrest the driver. At the police station the driver is read a form that advises the driver of the license suspension penalties that result from failing the breath test or from refusing a breath test.

In many cases, after the breath test process or refusal is complete the officer has the discretion to release the driver. In other cases, the officer may present the driver to a District Court Commissioner to determine conditions of release.

In court, and at MVA license suspension hearings, a lawyer may be able to challenge what the officer did or failed to do during the investigation. If the defense is successful and the court finds the defendant not guilty, all court and police records may be expunged. In many counties, the typical sentence where there is no accident or injuries, if found guilty, is probation before judgment.

Offenders are usually placed on probation long enough to complete an alcohol education or treatment program and attend a Mothers Against Drunk Driving victim impact program a one-night meeting where offenders listen to drunk driving victims . Second offenders frequently serve a couple of weekends in jail.

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In many cases, there is a viable factual and/or legal defense to the charges. The lawyer’s duty is to zealously pursue the interest of the client within the rules of ethics and the law, to achieve the best possible result for the client. In Maryland, it is important to see a lawyer as soon as possible after receiving these charges, to fully protect your rights.

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What is DWI in Maryland?

In years past, the Maryland criminal laws focused on driving under the influence. We still hear it called drunk driving.

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Maryland you’ve lost the normal control of your mental or physical faculties, to such an extent that you’re appreciably impaired, you are under the influence.

Alcohol is an impairing substance. It’s what experts call a central nervous system Depressant. Central nervous system Depressants slow down your reaction times and thought processes. So, while we may call it something different now, DUI in Maryland is still illegal.

The laws changed some years ago to reflect the fact that there could be confusion with DUI. There was such a connection to being under the influence and alcohol that it made sense to be a bit more general.

DWI stands for Driving While Impaired. People seem to understand you can be impaired by more than just alcohol. Illegal drugs can also impair your mental and physical faculties. That’s true too for legal drugs and prescription medications.

You can be convicted of DWI in Maryland if you’re impaired by a prescription. It’s not a specific intent crime. You don’t have to intend to be driving while impaired. It can be an accident. Men’s rea is not required.

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The law in Maryland is now entitled Impaired Driving in It still references driving a vehicle while under the influence.

The Maryland DWI laws make it clear there is more than one way to be found guilty of the charges.

To be clear, you do not have to be drunk to be convicted of DWI. It is not the same as drunk driving or drunken driving.

The State must prove, beyond a reasonable doubt any of these three things:

That you have remaining in your body, at any relevant time after driving, alcohol measuring .09 or higher. Sometimes that’s mistakenly referred to as the per se prong of the Maryland DWI laws.

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Again, impaired driving is not limited to drunk driving. While it’s true that if you’re driving drunk you can be convicted of DWI in Maryland, it’s not required.

The legal standard is much lower than you might realize. Impairment is said to be noticeable or discernable.

If you’ve consumed an impairing substance that can be appreciated, noticed or described by a law enforcement officer, you can be found guilty. That’s appreciable impairment.

For more information on DWI charges in Maryland, check out the MARYLAND pattern jury instructions.

Is DWI a Felony or Misdemeanor in Maryland?

Normally, with nothing else, DWI is a misdemeanor. But there are important exceptions.

This is true for many different types of criminal charges in Maryland. There are often exceptions to the general rule.

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That is one reason it’s imperative to retain an experienced defense lawyer to help you understand what has become a complicated legal system.

DWI may be what defense lawyers calls a predicate offense for serious felony charges in Maryland. Impaired driving may even be a component of Murder charges and Manslaughter charges.

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And a substantial prior history of DWI in Maryland may subject you to mandatory jail time and Habitual Impaired Driving charges.

If you have been arrested or charged with DWI, it is imperative you speak with a Maryland DUI Attorney for answers to your questions. defense attorney as soon as possible.

The Best DUI Defenses

If you have been arrested and charged with the crime of Driving Under the Influence of Intoxicating Liquor or Drugs DUI you understand that you are facing serious offense. You can lose your license, face mandatory fines and jail time. The task may be daunting but DUI cases are defensible. lawyer can help you identify unique issues in your case to identify the best DUI defenses available.

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In my practice, I have identified some of the most common, effective and typical DUI defenses that I come across. The following is a list of some of these defenses to give you an idea of how scientific and legal . issues form the basis for many types of DUI defenses.

Everyone has the right to consult with a lawyer during any stage of a criminal investigation before or after being arrested. In DUI investigations, this right is paramount because the time frames of a DUI investigation are critical in making the decision to obtain independent exculpatory evidence . Denial of that right can result in a DUI case being dismissed.

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A suspect in a DUI investigation has a right to consult with counsel if it will not unreasonably delay or impede the DUI investigation. If a motion to dismiss or suppress evidence is filed by the defense on grounds of deprivation of the right to counsel, the State has the burden to prove that any deprivation of the right to counsel would have interfere investigation;. If it cannot prove this delay the evidence must be suppressed e and the case dismissed.

Any evidence obtained following the violation of a defendant's right to counsel must be suppressed, and often times a dismissal of the charges is the remedy when the State interferes with a defendant's inability to consult with counsel.

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Breath alcohol Testing Can Be Inaccurate.

Breath tests commonly referred to as breathalyzers, determine the particles of breath alcohol in your lungs and give a measurement of the blood alcohol level in your blood. This indirect measurement of your blood alcohol level can result in an inaccurate reading as a single test alone is not sufficient to determine the levels of alcohol in your system.

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The partition ratio is the ratio of alcohol levels in the blood as they relate to alcohol levels in the breath or lungs. Breath alcohol Testing relies on the presumption of a single partition ratio rating. However, variances in human physiology can result in different partition ratios than the ratio used as the basis for the breath alcohol test.

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There are other factors that can suggest that Intoxilyzer or breath test reading can be high. Variances in body temperature during the administration of the tests result in false high readings. Even the breath instrument itself has an inherent 10% margin of error that can give false high readings.

A defense attorney, in consultation with a forensic toxicology expert, can identify breath testing issues that may produce a valid defense to the breath tests presented in a DUI case. When a defendant is drugged by someone without their knowledge or unknowingly drinks intoxicating alcohol.

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Illegal Stop of Person or Vehicle.

A driver cannot be stopped unless the officer has a reasonable and articulable basis to believe that a traffic law or other law has been violated nor can the driver be arrested unless a violation has occurred.

In all criminal cases, the State has the burden to prove that all evidence was obtained lawfully and in compliance with the Fourth Amendment of the United States Constitution. The Fourth Amendment protects all individuals from unreasonable searches and seizures. A police officer cannot stop a motorist based on a hunch or a guess. Similarly, it is not a crime to drive a vehicle late at night or for simply leaving a bar. An officer has to demonstrate an objective reason for a stop to justify any subsequent seizure or evidence obtained.

Field Sobriety Test is Inaccurate or Invalid. intend to be driving while impaired. It can be an accident. Men’s rea is not required.

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Standardized Field Sobriety Tests are standardized . To be an accurate test, the test must be instructed, given, and performed the same way every time to even be considered an accurate predictor for cues of impairment . These tests are barely 60% to 70% accurate in some studies and are completely invalid when performed on individuals with disabilities, who are overweight, or the elderly.