Practice Areas

DWI

Performing field sobriety tests (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 PBT the officer may let you go.

Maryland has now enacted a .08 limit for driving under the influence of alcohol. The limit for driving impaired is .07. If you take the breath test at the police station you are almost always assuring your conviction.

You have an absolute right to refuse the breath test at the police station. While this will result in suspension of your drivers license (or your privilege to drive in Maryland if you have an out of state license), Maryland drivers can receive a restricted work license for their first test refusal.

If you refuse the test, the police officer will 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 hearing to obtain a restricted license.

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

Home // Firm Overview // Practice Areas
Attorneys // Clients // Resource Links // Guest Book

This information contained herein is for informational purposes only, and is not intended to supercede a consultation with a lawyer. Every case is different and you should not rely on the above information. Rather, you should contact an attorney for individual advice.

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 © 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.