Have You Been Pulled Over For Suspicion Of Drunk Driving?
- 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 will need to have an interlock device installed in order to be able to drive to work.)
- You have an absolute right to refuse the breath test at the police station. While this will result in a suspension of your driver’s license (or your privilege to drive in Maryland if you have an out-of-state license) for 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 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 (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.