Maryland DUI Lawyer-Call (301) 761-4842-DUI Attorney in MD-Kush Arora - YouTube

When a person is stopped for driving under the influence of alcohol a case

essentially begins. While somebody might think that because they gave a

particular breath test, or they believe that they were above a certain

level, that they automatically don't have a defense available to them. This is extremely untrue.

When I look at a DUI case I usually look at that case like I'm looking at a

ladder. I'm trying to see all of the steps that took place during the

course of the case and how it's going to be prosecuted by the state's

attorney's office. When a state's attorney's is attempting to prosecute a

DUI case they need to look at that ladder and look at each step that the

officer performed during the course of the case to determine what information is admissible.

DUI cases typically start with a vehicle being stopped for one reason or

another. This is perhaps the most important part of the entire DUI

investigation. If an officer is unable to later explain why he stopped a

person's vehicle, any information that came after that vehicle was stopped

is usually considered inadmissible and the state's case collapses.

Let's assume for a moment that an officer is able to prove that the stop

was legitimate. The next step in a DUI case is for the officer to approach

a person and determine whether or not the basis for the stop was in fact

legitimate. After interviewing the individual who is driving the officer

may smell an odor of alcohol, may hear slurred speech, may see bloodshot or

watery eyes and determine that it's appropriate to ask a person out of a

vehicle. If the officer doesn't see these things he must let the person go.

Again, let's assume that the officer did see that a person had slurred

speech or some indication that that driver was in fact consuming alcohol on

that particular occasion. Usually, the officer then asks a person to step

out of the vehicle to begin doing field sobriety tests. Now, everything

that the officer did up to this point is what I would consider based on his

subjective belief. An officer certainly can't prove that you were driving

under the influence of alcohol just based on the reason that he stopped

you, and perhaps won't even be able to prove it based on just an odor of

alcohol or slurred speech.

He needs to come up with some objective standard which will actually

constitute probable cause to place you under arrest. That objective

standard is usually done by administering field sobriety tests. Field

sobriety tests are standardized, which means that they are mandated by the

National Highway Traffic Safety Administration to follow particular

instructions.

The officer has to give an individual those instructions in exact

accordance with the standards that are dictated by the National Highway

Traffic Safety Administration. Any faltering of those standards could yield

those field sobriety tests inadmissible.

Again, let's assume that the officer is giving field sobriety tests

properly and the officer has determined that there was probable cause to

place a person under arrest. Once that person is at the station and is

offered a chemical breath test the officer has to go over an advice of

rights form with that individual so the person knows that they are not

under an obligation in the state of Maryland to submit to a chemical breath

test.

This differs from many other states in the United States of America where

not taking a chemical breath test can land you in jail. In Maryland there

are no criminal penalties for refusing a chemical breath test, but there

may be some collateral consequences at the motor vehicle administration for

your Maryland drivers license.

If a person chooses to take that chemical breath test it will be admissible

in court only if all of the original steps of that ladder - the stop, the

second stop, the standardized field sobriety tests, and appropriate

probable cause to arrest - have been established by the police officer and

the prosecuting attorney in court.

Driving under the influence of alcohol can carry significant penalties - up

to 12 months in jail, up to 12 points on your driving record, and a $1,000

fine. Additionally, the companion charge of driving while impaired by

alcohol can carry up to 60 days in jail, a $500 fine, and 8 points on your driving record.

It's important to work with an experienced Maryland DUI attorney who is

aware of how to mitigate some of these penalties. An attorney can be

effective in assisting a person avoid jail time altogether, points on their

driving record, and significantly reducing the fines associated with a case.