Drunk Driving Maryland

Drunk driving in Maryland is a serious criminal matter. Alcohol impaired drivers risk loosing their license, their job and their freedom. According to the National Highway Traffic Safety Administration (NHTSA), drunk driving in Maryland alone kills over 100 people per year. NHTSA points out that nearly a fifth of all auto insurance payouts for drunk driving in Maryland are due to alcohol related traffic accidents.

A drunk driving charge in Maryland is essentially automatic when a tested driver has a Blood Alcohol Concentration (BAC) of .07 percent. That's right, less then .08, and you will still be arrested. You can be arrested for drunk driving in Maryland with a number as low as .05. The per se violation is .08, meaning that if the breath test shows this level of alcohol in the breath/blood, probable cause exists to make the arrest for DUI regardless of other signs of sobriety. A blood or urine test can be used in lieu of a breath test to obtain the driver's BAC. This applies to a driver who is at least 21 years old. For drivers under the age of 21, a .02 percent BAC level can result in additional DUI charges.

License suspensions create more difficulties for those convicted of drunk driving. Maryland drivers receive a minimum mandatory suspension of 45 days for the first offense, 90 days for the second offense if they blow more than .08 but less then .15. Additionally, drunk drivers in Maryland are subject to the state's implied consent law. This means that when a driver's license is issued the recipient agrees to take a chemical test to determine his or her BAC when asked to by a law enforcement officer. Refusal to submit to the test means a mandatory license suspension of up to 120 days for a first offense and a year for a second offense.

One of the most controversial elements of a Maryland drunk driving arrest are the Standardized Field Sobriety Tests that are so crucial to allowing a police officer to establish the necessary probable cause to make an arrest. Three main tests are now regularly used and the officer scores the tests to determine sobriety. The combination of the three tests allow an officer to determine a likely probability that a driver is operating his motor vehicle while impaired. These tests are the Horizontal Gaze Nystagmus test (HGN), the Walk and Turn test, and the One Leg Stand test. Mr. Robinson is NHTSA certified to instruct and administer these tests.

The proper administration and interpretation of field sobriety tests for Maryland drunk driving cases is often debated in court. Drunk driving charges can be successfully defended on whether a police officer properly issued the instructions to the driver and secondly on how the officer scored the tests. Field sobriety tests are psycho-moto in nature. A person needs to do two things at one time, one being listening and comprehending the test directions and the other being able to perform as instructed. Multi-tasking becomes more difficult as a person's blood alcohol content climbs. The tests are designed to reveal the existence of a BAC of .08 percent or higher.

The breathylizer is another hotly contested factor in drunk driving cases in Maryland. The breathylizer is presumed to work properly if the police can show that the machines have been tested and properly maintained and that the operator has been properly certified on how to use it. An alcohol charge of drunk driving in Maryland is an expensive and scarry problem to deal with. When the final costs of fines, attorney's fees, court costs and other related expenses are tallied, the price for drinking and driving can be very high.

The risk to the driver is evident, it is imperative that you select a properly qualified and trained DUI attorney to defend these charges. You must do so timely as you risk loss of your license if you fail to act within 10 days of your arrest. Mr. Robinson has nearly two decades of experience defending thousands of DUI's. He is NHTSA certified on the field sobriety tests and an active member of the National College for DUI Defense. Look around the website, watch the video and listen to what prior clients have said about the firm; then call or click for immediate help with your DUI charges.






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