DWI/DUI

Never make a statement to the police about how much you had to drink without first consulting with an attorney.

Performing field sobriety tests [heel to toe (walking the line), one leg stand, etc.] are purely optional. Always decline to perform these tests if you have had too much to drink. Poor performance on these tests only builds the state's case against you.

On the other hand, the roadside breath test (PBT- preliminary breath test) is not admissible in Court and submitting to this test is okay if you have only had a couple of drinks. If you pass the officer may let you go.

Maryland has enacted a .08 limit for driving under the influence (DUI) of alcohol. The limit for driving while impaired (DWI) is .07. If you take the breath test at the police station you are almost always assuring your conviction. Moreover, a breath test result of .15 or more makes you ineligible for a restricted license.

You have an absolute right to refuse the breath test at the police station. While this will result in a suspension of your drivers license (or your privilege to drive in Maryland if you have an out of state license) for one hundred twenty (120) days for first offense, Maryland drivers can subsequently elect to have an interlock device installed in their vehicle to avoid the suspension.

If you refuse the test or blow a .08 or greater, the police officer will confiscate your Maryland driver's license and issue you a temporary license along with a hearing request copy. You must send in the hearing request copy within ten (10) days of your arrest to make sure that your license is not suspended before the administrative hearing to obtain a restricted license.

It is very important to consult with an attorney as soon as possible after your arrest to determine whether you should request an administrative hearing or voluntarily elect to have an interlock installed. These elections are time sensitive.

Hiring a lawyer is very important. Even if you are guilty, we may be able to win the case. Additionally, we are able to obtain PBJ's (probation before judgment) for most of our clients. A PBJ results in the conviction being stricken so that no points are entered on your driving record.

Back to Main Practice Page

Scott & Scott Attorneys
Established 1951

109 East Main Street
Elkton, Maryland 21921
Telephone: (410) 398-0611
Facsimile: (410) 398-0617
E-mail: info@scottandscott.com

Our practice is limited to the State of Maryland. We do not do business in other states. The posting of this web site is not to be misconstrued as conducting business in other jurisdictions.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 2009 by Scott & Scott. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.