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Major Stages of a Misdemeanor DUI Court Process

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Major Stages of a Misdemeanor DUI Court Process

A DUI charge is under Vehicle Code 23152(a). You might also be facing criminal charges and possibly having your driver’s license suspended or revoked after a DUI court process.

Nearly all DUIs are misdemeanor charges, and they are prosecuted in the same manner as other misdemeanors. Arraignment, pretrial conference, and trial are the three major stages of the DUI court process. Read on to find out the major stages and how DUI trials are handled.

1.    Arraignment for DUI Court Process

Arraignment is your initial court appearance, where you will present a defense to the criminal DUI allegation. Usually, you should enter a “not guilty” plea. You will get the official complaint and any supporting documentation during this stage of the procedure.

A brief court appearance called an arraignment allows you to enter a guilty, not guilty, or nolo contendere plea (no contest). The judge will read the charges against you, but if you have legal counsel, they will usually petition to have this reading omitted.

Also, the judge will read your legal rights to you, such as your right to a solicitor and not to confess anything. Bail may also be set during the arraignment in some DUI instances. This is necessary if you are detained, which is uncommon in DUI situations. Your attorney will ask the prosecutor for discovery documents If you decide to contest the DUI charges and file a “not guilty” plea.

2.    Pretrial Conference

During this stage of DUI court process, your solicitor will meet with the prosecution, evaluate the evidence, and discuss any potential plea bargains or charges being dropped. Often, your pretrial meeting follows the arraignment by a few weeks. You should schedule a meeting with your attorney to discuss motions, court requests, and anything else relevant to your case.

3.    Trial

A trial will be held to cross-examine witnesses like the policeman if necessary. However, only a few DUI cases proceed this far in the legal system.

Finally, It is crucial to know that most DUI cases are settled before trial. Interestingly, you can win a case by having it thrown out before the trial. Having a skilled criminal defense attorney will guide you through the process and help you get the best possible outcome.

 

 

What Does an Order Of Suspension Mean In A DUI Case In Maryland

Order of Suspension

What Does an Order Of Suspension Mean In A DUI Case In Maryland

Driving when impaired by alcohol or drugs is a felony, and it is otherwise called driving under the influence (DUI). An Order of Suspension is an order that suspends your driver’s license. The police will issue under these circumstances:

  • You submitted to a breath or blood test, and your blood alcohol content (BAC) was 0.08 percent or higher.
  • You refused to submit to a breath or blood test after being asked to take one by the police.

When the officer issues an Order of Suspension, he confiscates your driver’s license and may issue you a 45-day temporary paper license.

Your Right to an Administrative Hearing If You Receive an Order of Suspension

You have the right to ask for an administrative hearing if you were issued an Order of Suspension to argue why your driver’s license should not be suspended. You have the right to request a hearing within 30 days of the Order’s publication date.

You can also avoid having your driver’s license suspended by enrolling in the Interlock Ignition Program within 30 days of the date of the Order of Suspension. Your driver’s license cannot be denied, canceled, suspended, or revoked while enrolled in this program.

Repercussions of a DUI Charge

Depending on the circumstances, someone accused of a DUI in Maryland may immediately experience consequences to their license. The Maryland Motor Vehicle Administration (“MVA”) may automatically suspend a person’s temporary driver’s license if they are arrested and charged with DUI, especially when their Breathalyzer result is higher than the permitted limit of 0.08% blood alcohol content.

Implications of a DUI conviction

Anyone found guilty of DUI will immediately receive 12 points on their license and may also face jail time, fines, and court fees. In Maryland, a person’s license will be suspended, and they won’t be able to drive if they have 12 points or more on their driving record.

Finally, while no one can guarantee safety, you can take as many precautions as possible. The District Court will ask the MVA to lift your suspension once you have met the requirements. Keep in mind that your driving record will still reflect the suspension.

 

 

What are the Best Defenses for a DUI case in Maryland?

Order of Suspension

What are the Best Defenses for a DUI case in Maryland?

A DUI conviction carries severe consequences such as license suspension, huge fines, and perhaps jail time in Maryland. A criminal defense attorney can start looking into the specifics of your case and create a solid legal defense in case of an arrest. Below are the best defenses if you face an arrest for DUI in Maryland.

The Breath Alcohol or Blood Alcohol Test was Inaccurate 

Most police officers use a breathalyzer or blood test to assess the suspect’s level of intoxication after arrest. There is a danger that the instrument would break down or the lab technician misinterpret the results. The breathalyzer testing helps to determine the amount of alcohol in your blood. It counts the number of breath alcohol particles in your lungs. This test might not be accurate and can serve as a defense for you at trial.

The Police Officer Engaged in an Illegal Stop  

Police officers are not allowed to stop any car they want, and they must have a solid and convincing reason to suspect that the driver is breaking Maryland’s traffic laws. The burden of proof rests with the prosecution to demonstrate that they legally obtained the evidence used against the offender. If the police officer in your case pulled you over without a valid reason to believe you were breaking a traffic rule or other law, all the evidence might be unnecessary.

There Was No Evidence That You Were Driving a Vehicle 

The prosecution must demonstrate that the suspect had physical control over a vehicle. Without the evidence of driving, the prosecutor cannot secure a conviction for DUI. Suspects sometimes wait until they are sober before starting the engine while seated in the driver’s seat. Defense attorneys can use this evidence to claim that the defendant was not actually in physical control of the car and cannot be guilty of DUI.

You Were Not Given the Chance to Contact Your Defense Attorney 

Every suspect in a DUI case has the right to a defense attorney during the trial, primarily due to the time frame involved. The court will suppress any evidence acquired if there is a violation of the suspect’s right to an attorney.

In conclusion, you must contact a qualified criminal defense attorney if arrested or detained in Maryland for DUI.

 

Is there a Special Punishment for Recurring DUI Offenses in Maryland?

Is there a Special Punishment for Recurring DUI Offenses in Maryland?

While being charged with drunk driving does not guarantee that you will be convicted and face penalties, it does mean that you should be aware of your defense options. Also, you should fully understand the penalties you could face. If a person has a recurring history of DUI offenses in Maryland, the severity of the penalties may increase, making it critical to present a timely and aggressive defense.

Repeated Offender Penalties

if a person has a previous DUI record for the previous five years, they may face harsher penalties in Maryland. A first-time offender faces up to a year in jail, a $1000 fine, and a suspended driver’s license, whereas a repeat offender faces several years in prison. For example, two DUIs within five years could result in two years in prison. However, if a person receives a third conviction, considered the third strike, they may face up to 5 years in prison. Furthermore, if a person faces a fourth DUI charge, they could face up to ten years in prison.

DUI (driving under the influence) vs. DWI (driving while intoxicated) in Maryland

DWI and DUI are both charges that the state of Maryland can bring against someone accused of driving while intoxicated. A repeat offender faces far harsher penalties, as the maximum jail sentence for DUI with one prior conviction is two years. Drivers with a blood alcohol concentration (BAC) of 0.07% or higher will face impaired driving charges under Maryland law (DWI). A person with a blood alcohol concentration (BAC) of 0.08% or higher will face driving charges (DUI). DUI charges are thus the more serious of the two. While prosecutors may simultaneously charge a defendant with DUI and DWI, only one of these charges is possible.

In conclusion, defendants convicted of DWI, on the other hand, may not face conviction of DUI because the elements of DWI fall short of those of DUI. DUI offenses in Maryland are, thus, essentially a more serious DWI.

Wicomico County DUI Charges | Eastern Shore Maryland

Order of Suspension

DUI Lawyers In Wicomico County, Maryland

The DUI laws in Maryland are pretty straightforward, but there can be a lot of factors surrounding a DUI charge.    Although a DUI is a criminal offense, DUI charges are brought against you by the state and not by your victim or anyone else that was harmed as a result of the DUI incident.   DUI charges mean that you will have to appear in court on the DUI charges and DUI offenses will stay on your record for an indefinite time period.    DUI cases can be complicated depending on your case, but they do not have to be there are ways that you can help yourself in DUI cases.

Strict DUI Laws In Maryland

It’s important to note that the DUI laws in Maryland are strict, especially for repeat offenders or drivers under the age of 21. DUI is a crime that can be punishable as a misdemeanor or as a felony depending on your DUI history and any other factors surrounding your DUI case. DUI charges do not only encompass driving under the influence, but it also covers DUI’s where someone else was injured and DUI cases where you actually hurt someone.   DUI penalties may include DUI fines, DUI jail time, and DUI license suspension.    DUI charges can be very costly depending on your DUI case and the DUI penalties may include high DUI accident fees and DUI accident restitution.

DUI Charges VS DUI Arrest

A DUI charge is different from a DUI arrest because you do not actually have to be arrested for a DUI offense, but if you are arrested with any degree of DUI you will have to appear in court for DUI charges. DUI arrests can also come with DUI citations that are not criminal penalties, but they do indicate that the DUI police officer felt that there was enough probable cause for DUI charges.   DUI arrests can become DUI convictions if the case goes to trial and it is up to the prosecutor to prove your DUI case beyond a reasonable doubt. DUI arrests can also come with DUI misdemeanors or DUI felonies depending on the DUI circumstances. For more information, contact our office to learn how. we may be able to help you.

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Do You Have to Submit to Field Sobriety Tests in Maryland?

Salisbury MD Criminal Lawyer

Three Types Of Fied Sobriety Tests

When you are pulled over by a police officer and he or she suspects you have been drinking, you are usually asked to step out of the vehicle and perform three specific field sobriety tests. These tests are designed to determine if a person is too intoxicated to operate a vehicle and can be used in court against you either along with breathalyzer test results or alone. Here’s what you need to know about field sobriety tests and whether or not it’s legally required for you to submit to them in the state of Maryland. An experienced Criminal Defense Attorney can further explain your rights and responsibilities under the law.

The Subjectivity of Field Sobriety Tests

Although field sobriety tests are designed to be done the same way each time, they rely heavily on the observations of the testing officer. This makes the results largely subjective rather than factual. The testing officer will ask you to perform the tests and record his or her opinion on whether or not you performed the tests well enough to be considered sober and safe to drive or not.   This can also lead to DWI Charges.

The Inaccuracy of Field Sobriety Tests

Field sobriety tests are also highly inaccurate. There are a number of medical conditions, environmental factors, and other issues that can cause false positives on field sobriety tests. For example, inner ear problems, vertigo, and Meniere’s disease can cause balance issues, which can result in failure to walk toe-to-toe in a straight line.

Do You Have to Consent?

In the state of Maryland, you do not have to consent to field sobriety tests in the same way you do a breathalyzer test. You will not be penalized if you decline to submit to field sobriety tests, however, it’s important to remember that you are required to submit to chemical testing (either breathalyzer, urine, or blood testing) or your license may be suspended. You can protect your rights during a traffic stop by politely declining to submit to field sobriety testing.

When to Contact an Experienced DWI Lawyer

If you’ve been arrested for driving under the influence of alcohol or drugs, it’s important that you contact an experienced DWI attorney as soon as possible. This is especially true if you submitted to and failed field sobriety tests. Your attorney can argue against the administration, subjectivity, and inaccuracy of the tests and potentially have them removed as evidence.

To learn more about getting legal help for DWI charges or to book a consultation, contact Britt Criminal Defense at (443) 614-6881.

DUI or DWI And Car Insurance

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You’ve likely heard that a DUI or DWI charge can raise your insurance rates. Here’s more about what you can expect from your insurance after a DUI. 

Maryland Penalties for DUI and DWI  

DUI and DWI are often charged as a misdemeanor, especially if it’s a first-time offense. However, the penalties are still quite harsh and can cost you hundreds of dollars in fines and your driver’s license. You may be incarcerated for a period of time and required to attend alcohol counseling. These penalties get harsher each time you are charged with a subsequent DWI. You’ll also see an impact to your car insurance. You may be dropped by your carrier entirely, or have to pay more for the same coverage you had. Shopping for new car insurance may also be difficult and costlier.

What Will Your Insurance Company Do to Evaluate Your Risk Post-DUI? 

All insurance companies will assess your risk of being involved in an accident before deciding whether to offer you coverage and if so, for how much. Your driving and criminal records are usually pulled by your insurance carrier and the information they contained is used to determine your risk factor, or how likely you are to cause an accident. A DWI or DUI is a significant risk factor, as are other traffic offenses like negligent driving or speeding that are often charged along with drunk driving. The higher your risk is, the more difficulty your insurance carrier will have finding justification to offer you a policy.

What Happens if the DUI or DWI Was Committed by Someone Else Driving Your Car 

If someone else was charged with a DWI while driving your vehicle, your own insurance should not be affected or impacted in any way. This is because it is the driver and not the vehicle that is insured. On the other hand, if you are driving someone else’s car and get a DUI, your own insurance will be impacted. 

Why Contact a Maryland DUI/DWI Lawyer Now 

Being charged with a DWI or DUI is life-changing. Not only will you face fines, jail time, and other legal consequences, but also with your relationships, career, and personal life. A DUI or DWI charge remains on your driving and criminal records for a period of time, which can make it harder for you to get a loan, find a job, buy a house or vehicle, or even obtain a college education. 

Contact Britt Criminal Defense to learn more about how to defend your rights against DWI or DUI charges in Maryland. Call now for a consultation at 443-944-5705.

What Do Maryland Drug Recognition Experts Look For?

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A Drug Recognition Expert, or DRE, is a police officer trained to determine if a person is driving under the influence of drugs, which isn’t as easy to assess as blood alcohol content (BAC). Here’s what DREs look for and when to get legal help. 

The 12 Steps of DRE Protocol 

Although the DRE protocol has 12 steps, many of them are subjective and aren’t based on fact: 

1. Breath Test 

A breathalyzer test will be administered to determine your BAC, arguably the most accurate of all the steps in the protocol. 

2. Officer Interview 

The DRE expert will interview the law enforcement officer that pulled you over to discuss the circumstances of the stop and the officer’s first impressions. 

3. Initial Exam and Pulse Reading 

An initial exam will be conducted to determine if the reason for the stop was caused by an injury or medical condition. Your pulse will be taken for the first time. 

4. Eye Exam 

The officer will check your eyes for convergence, ability to follow a light or object, the size of your pupils, reaction to light, and if nystagmus is present.  

5. Field Sobriety Testing 

You will be asked to submit to field sobriety tests, including horizontal gaze nystagmus, walk and turn, and one-leg stand. 

6. Second Reading of Vital Signs 

Next, the officer will check your blood pressure, pulse, and temperature for the second time. 

7. Dark Room Exam 

The Drug Recognition Expert will administer tests in a low light environment to check for pupil constriction or dilation and the presence of drugs in the oral or nasal cavities. 

8. Muscle Tone Testing 

Your muscles will be checked for tone, since some drugs cause the constriction or overrelaxation of muscles. 

9. Third Reading of Vital Signs and Physical Exam 

A physical exam will be conducted to look for evidence of drug use, such as injection sites on the arms or in between the fingers. Your pulse will be taken again for the last time. 

10. Officer Observations 

The officer will ask direct questions regarding drug and alcohol use and makes note of any other pertinent observations. 

11. Drug Symptom Analysis 

Next, the evidence obtained during the last several steps will be compared against known side effects of different types of drugs. 

12. Toxicology Exam 

You may also be asked to submit to a blood, urine, or hair follicle test to check for the presence of illegal substances or their metabolites. 

Arrested for DUI? Contact a Maryland Criminal Defense Lawyer Today 

Were you arrested for driving under the influence? Don’t wait to get legal help from an experienced Maryland DUI attorney. Call Britt Criminal Defense at 443-944-5705 for a consultation.