Should you take or refuse a sobriety test?
The answer depends on the details of the case and your driving record. If you're in doubt, contact your Maryland DWI attorney. According to Maryland law, if you test at a blood-alcohol level of 0.08 or more, you may be charged with a DUI and your driver's license may be suspended. You can also face stiff penalties, including mandatory fines, license suspension, and increases in your auto insurance rates. If you refuse the test, however, you can still have your license suspended for up to 120 days (if this is your first offense -- more if this not your first offense).
What is the maximum blood-alcohol concentration allowed for Maryland drivers?
You may not legally drive a motor vehicle in the State of Maryland if your BAC is 0.08 or greater. However, there is a grey zone; if your BAC is more than 0.07 but less than 0.08, an officer may still consider you impaired. If your BAC is less than 0.05, you typically will not be charged with either DUI or DWI. Of course, if you were driving a commercial vehicle with a CDL, the BAC is 0.04. Also, someone under the age of 21 may not drive with any alcohol in their blood.
Is it possible to get both a DUI and a DWI?
In Maryland, drivers can indeed be charged with both DUI and DWI at the same time. A Maryland DUI offense is more severe, but a DWI offense can carry significant consequences. If you're convicted of DUI, the Maryland DWI charge will likely be merged into the greater charge.
Did the officer who pulled you over administer your sobriety tests legally?
If an officer improperly subjected you to tests, pulled you over without just cause, failed to read you your Miranda rights, or otherwise violated your Constitutionally protected rights, you may be able to get the charges against you dropped or reduced or win at Trial.
Can you ask for a blood test instead of a breathalyzer test?
According to Maryland law, the test for breath is the preferred method and blood can only be drawn in certain circumstances.
Can you talk to your lawyer before taking a sobriety test?
Unless you are on Federal property, if you're pulled over for suspicion of DUI in the State of Maryland, you can consult with your Maryland drunk driving defense attorney regarding whether or not you should take the test as long as the act of trying to consult with your attorney does not interfere with the administration of the test within 2 hours for alcohol and 4 hours for drugs.
What is the "Probation before Judgment" assessment?
A "Probation before Judgment," also known as a PBJ, offers first-time DUI offenders a chance to accept probation in lieu of conviction. There are restrictions for when and how a PBJ can be applied, so discuss these with your attorney.
To make sense of Maryland's drunk-driving laws, turn to Meng & Alpert, LLC. These veteran Maryland DUI defenders have decades of experience helping people like you overcome difficult charges. Get your free consultation now by dialing 1-866-444-6363 or click here to fill out a confidential online case evaluation form.