Q: Should I have a lawyer represent me for my DUI, DWI?
A: Yes, you should always have a lawyer present at all stages of a DUI, DWI arrest. There are important rights and defenses that can be argued by a qualified DUI/DWI attorney in Maryland. If you have been arrested or charged with a DUI or DWI, contact my office at 410.288.2900 for immediate help.
Q: Can I trick the breath machine in Maryland for a DUI / DWI?
A: No, you cannot trick the breath machine. These devices are calibrated and check every month by the State of Maryland and they make sure that any trick that you may have read on the internet or believe will fool the machine does not work.
Q: What should I do if I have been drinking and pulled over by the police?
A: You don’t have to do anything but give the police officer your license, registration, and insurance information. You do not have to make any statements, you don’t have to take any tests, you don’t have to allow them to search your car. You can ask that they proceed with the investigation, but you are not obligated to provide any information or perform any tests. Remember, if you do not take the field tests, then they State does not have that evidence. However, if you are arrested under the suspicion of DUI or DWI, you are required to take the breath or blood tests. You do not have to take the blood or breath tests, but if you don’t, you can suffer MVA consequences that include a loss of your privilege to drive. The State does not only rely on the field tests or the blood/breath tests to prove beyond a reasonable doubt that you are impaired or under the influence. They can use your dress, condition of clothing, manner of speach, how you were driving, and a number of other observations by the police officer.
Q: What should I do once I am at the police station, detained under the suspicion of driving while impaired or under the influence?
A: Call my office at 410.288.2900, we are available 24/7 to guide you through the process and can speak with the police officer or state trooper on your behalf.
Q: Can I lose my Driver’s License for Driving Under the Influence or Driving While Impaired?
A: You can lose your license if your breath or blood tests are above .08, the legal limit in Maryland, or you refuse to take the blood or breath test.
Q: What is the legal limit in Maryland for Driving Under the Influence or Driving While Impaired?
A: The legal limit of alcohol in Maryland is .08 grams or alcohol per 210 liters of breath.
Q: Can I be arrested for DUI/DWI on a go-cart, scooter, or any other moving machine other than a car?
Q: What clues do Maryland law enforcement look for when searching for suspected DUI and DWI drivers?
A: If you have been arrested or charged with DUI/DWI in the State of Maryland, hire an experienced DUI/DWI Defense Attorney that is ranked in the Top 10 Best Baltimore DUI/DWI Defense Attorneys. Contact the office 24/7 for immediate DUI/DWI Help at 410.288.2900 or email us at RiceLawMD@gmail.com
Maryland police officers and law enforcement searching for drunk drivers use a variety of different clues to determine whether or not they should pull over a driver under reasonable articulable suspicion of drunk driving. But remember, they don’t have to pull you over under suspicion of driving while impaired, if the officer observes a traffic violation, they are allowed to make a traffic stop. Once the police officer approaches the driver and smells alcohol, then the investigations turns to a stop for DUI/DWI. Although some of these actions may be repeated by sober drivers, they are indicators of distracted, unfocused, and therefore dangerous driving. According to research from the National Highway Traffic Safety Administration (NHTSA), particular driver behaviors are better indicators than others of drunk driving.
The following are various reasons cited by officers as ways to identify drunk drivers:
- Turning with too wide a radius. Impaired drivers often swing out too wide to make an easily-maneuverable turn.
- Straddling the center lane. A drunk driver may use the center line to help them concentrate on driving in a straight line without realizing they are actually driving down the center.
- Appearing to be drunk. Police may pull over a driver who is leaning to the side or who is hunched over the wheel.
- Almost running into another vehicle or an object.
- Weaving, either between lanes or within the lane.
- Speeding, most officers in Maryland will give you a cushion of 5-7 mph, but any speed above the posted limit is grounds to stop a vehicle.
- Driving on a surface other than the designated road, such as a sidewalk or a lot.
- Driving at a speed less than 10mph under the speed limit. Most drunk drivers are not actually speeding, but instead driving slowly as they attempt to stay in their lane.
- Stopping inappropriately. A drunk driver may stop at a green light, at an unmarked intersection, or at another area where a stop is not needed.
- Tailgating. A drunk driver may use the car in front as a guide and follow too closely.
- Drifting. The driver over-steers, which causes the rear wheels to lose traction.
- Driving on top of the lane marker or center dividing line.
- Erratic braking or stopping short in an intersection.
- Driving or drifting into crossing traffic or in the opposite lane.
- Inappropriate signaling. An impaired driver may drive with a flashing turn signal, may use the wrong turn signal, or may signal far ahead of the turn.
- Responding slowly to traffic signals or not responding at all.
- Abrupt or illegal turns.
- Rapid acceleration or deceleration.
- Burning tires.
- Driving without headlights.
- Driving with hazard lamps on.
Maryland police officers are looking for drivers that perform any of the above actions in addition to any technical violation of tab or tag discrepancies. If an officer pulls a vehicle over and the driver is intoxicated, he or she may be charged with drunk driving.
Even if the driver is not over the legal limit, which is .08 in Maryland, he or she may be arrested and charged with Driving While Impaired, which does not require the driver to perform field sobriety tests or breath/blood tests. Maryland law enforcement is able to determine that a driver is under the influence or impaired based on observations that are drivers may try to hide. Such as odor or alcohol, driving behavior, clothing, speech, and many other observations.
For more information about drunk driving laws, sobriety tests, and DUIs, visit the website of Maryland DUI Attorney G. Randolph Rice, Jr., LLC at Maryland DUI Defense Lawyer. Contact is at 410.288.2900 for Immediate DUI and DWI help and advise.
View Randolph speak on DUI’s and DWI’s