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Scott & Scott Attorneys
109 East Main Street
Elkton, MD 21921
Phone: 410-398-0611
Toll-free: 800-655-4352
Fax: 410-398-0617
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Protecting Yourself When Pulled Over For A DUI

Never make a statement to the police about how much you had to drink without first consulting an attorney. We, at Scott & Scott Attorneys will respond quickly to your needs to make sure your rights are protected.

  • Performing field sobriety tests [heel to toe (walking the line), one leg stand, etc.] is 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 two hundred and seventy (270) 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 challenge the impending suspension. 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 because these elections are time sensitive.

Above all else, remember that hiring a lawyer can dramatically influence how effectively you are defended against consequences in the criminal justice system.

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.

To find out more about how attorneys Charles L. Scott, Jr., and Jennifer M. Chesney can help you, contact our Elkton office online or by telephone at 410-398-0611 (or toll free at 800-655-4352).


Located in Elkton, Maryland, the law firm of Scott & Scott Attorneys represents clients in general practice matters, including but not limited to, criminal defense, personal injury, family law and real estate law throughout Cecil County, Harford County, Kent County and surrounding areas. This includes those in Aberdeen, Havre de Grace, Bel Air, Perryville, North East, Chesapeake City, Earleville, Cecilton, Galena, Chestertown, and Rock Hall