Maryland DUI Attorney Blog

To be a successful Maryland DUI/DWI Attorney, it is necessary to have a thorough knowledge of what constitutes a legal or illegal stop of a motor vehicle by the police. Very often, the only plausible way to defend a DUI/DWI in Maryland is to attack the basis for the stop. The reason for this is that over the last decade or so the State Legislature has passed laws that make most DUI/DWI cases, in the words of former CIA Director George Tenant, "a slam dunk" for the prosecutor, once the prosecutor establishes that the police lawfully stopped the defendant.

This is especially true if the defendant took the breathalyzer and registered a reading of .08 or greater. This is because in Maryland, a person who is proven to have been operating a motor vehicle while having a blood alcohol content of .08 or greater is "per se" guilty of driving under the influence of alcohol. Even if the defendant didn't take the breathalyzer, however, most police officers write thorough enough reports detailing their observations of the defendant's performance on the field sobriety tests and conduct throughout the booking process, for the State to secure a conviction at least as to driving while impaired if not to driving while under the influence. We successfully defended a case in Howard County last month that presented this exact situation. Here are the facts:

Continue reading "Howard County DUI/DWI Case Successfully Defended" »

As a Maryland DUI/DWI Attorney who is in court on a daily basis, I am in a position fairly regularly to witness attorneys handling DUI/DWI cases who are clearly not qualified to do so. I am also regularly surprised that the clients that I meet with rarely ask me about my experience and background to determine my qualifications before agreeing to hire me. As a regular part of my initial consultation, I volunteer the information that I am a former Assistant State's Attorney and that I am a 100% full time Maryland Criminal Attorney, but again, people rarely ask me these basic questions. This is a serious mistake that can have very serious consequences.

By way of example, and I could offer many others, I was in Baltimore County District Court recently when I witnessed the shocking mishandling of a DUI/DWI case. The client was a second offender so the stakes were a little higher than for a first offender but the case was still very manageable if handled correctly. The attorney that handled the case, whom I will not name, was an attorney whom I know to be primarily a domestic and civil attorney. I watched in disbelief as he mishandled the case from beginning to end.

Continue reading "Is my DUI/DWI Attorney Really Qualified to Represent Me?" »

A number of bills intended to curb drunk driving are being proposed today to a Maryland Senate Committee. Backed by Governor O'Malley, police, prosecutors and highway safety advocates, a number of these bills-if passed-will change the landscape of drunk driving prosecutions in Maryland.

The most significant bill is one that imposes criminal penalties on adults who provide alcohol to minors. If passed, the teen drinking bill would elevate the penalty for supplying alcohol to minors from a civil offense to a criminal offense. Parents, siblings and religious exemptions will apply.

Additional laws being proposed include probation before judgement eligibility. Currently, a convicted drunk driver is not eligible for a PBJ for a second offense if the first DUI conviction occurred within 5 years. The new proposed law would raise the PBJ eligibility requirements to ten years.

Drunk driving defense attorneys may also have to tangle with a proposal that will impose a mandatory one-year driver's license suspense if any part of the drunk driving article is violated for a second time. Currently, lessor included offenses such as driving while impaired (DWI), when grouped with a DUI conviction, do not trigger the one year suspension.

Other related bills, as reported by a Baltimore Sun article, do not appear to be of relative significance to DUI lawyers or the public.

As a Former Maryland DUI/DWI Prosecutor, I represent people charged with DUI/DWI at their bail review hearings on a regular basis. Many people don't realize that at a bail review hearing the judge can raise the bail, not just lower it. This is why it is so important for a person who is charged with DUI/DWI to immediately contact an aggressive and experienced DUI/DWI Attorney.
Case in point: I was hired by a man who was charged in Baltimore City with his first DUI/DWI offense. After being arrested and charged he was taken to the Court Commissioner for his initial appearance. In spite of the fact that this arrest constituted his first DUI/DWI offense and that he had strong ties to the community, to include having a family, a steady job and owning his home, the Court Commissioner set his bail at a very high $27,000. The client rightly believed that this was an abnormally high bail and decided not to post the bail and instead to attend his bail review hearing the next day. The client chose not to consult an attorney at this point believing that the worst thing that could possibly happen at the bail review would be that the judge would refuse to reduce the bail, and that in all likelihood would substantially reduce it if not release him on his personal recognizance. Under most circumstances the client would have been correct; in this situation his decision turned out to be a very costly mistake that could have been avoided had he or one of his family members contacted an attorney immediately upon being arrested.

Continue reading "Defendant Charged with First DUI/DWI has Bail Raised to $200,000 at Bail Review " »

In Maryland, DUI/DWI Attorneys are often confronted with cases in which a client was found not to be driving while impaired or under the influence, but instead was found to be sleeping in his or her vehicle while under the influence of alcohol. This situation implicates the so called "shelter defense" in Maryland. Unlike in some other states, Maryland legislators have chosen not to make sleeping in one's vehicle an absolute defense to DUI/DWI charges. Some states have decided that as a matter of public policy, they want to encourage people who are driving under the influence to pull over and "sleep it off" so to speak, rather than continue to endanger the public by continuing down the road while under the influence. In these States, it matters not where the person was parked, how long they had been there or whether or not they admit to driving the vehicle to the location while under the influence. If the person made the decision to pull over and park their car rather than continue to drive under the influence, they simply may not be prosecuted for DUI/DWI in these states. Not so in Maryland.

In Maryland, the law essentially states that a person may use his or her car as a shelter while under the influence of alcohol so long as he makes no attempt to control the vehicle and does not present an imminent danger of doing so. A person in this situation can only be prosecuted for DUI/DWI if the facts and circumstances under which the person was discovered in the vehicle indicate that the person operated the vehicle while under the influence prior to using it as a shelter or that the person is imminently going to operate the vehicle in that condition. The leading case on this issue is Atkinson v. State. In that case the court laid out a 6 factor test to determine whether or not the person had driving the vehicle while under the influence or was simply using the vehicle for shelter.

Continue reading "Third Time DUI/DWI Offender Successfully Defended utilizing "shelter" Defense in Baltimore County District Court" »

Breathalyzer machines, commonly used by Maryland police, detect and measure the alcohol present in air that is breathed out. During the consuption of alcohol, the alcohol crosses from the intestine into the bloodstream. When the blood circulating around the body gets to the lungs, some of the alcohol in the blood crosses into the air contained in the tiny sacs of the lungs. This same air, that is breathed out of the lung, contains alcohol that can be measured by breathalyzer machines.

Researchers have determined the ratio of breath alcohol to blood alcohol. The test result for a breathalyzer estimates the concentration of alcohol in the blood. Although different individuals have some variation, blood alcohol concentration (BAC) is approximately 2,300 times greater than breath alcohol concentration. Breath-alcohol analysis is fast and easy to use, unlike the more reliable blood test. This makes the Breathalyzer breath-test machine a useful tool of choice for Maryland police to monitor drunk drivers.

If a person's BAC measures 0.10, it means that there are 0.10 grams of alcohol per 100 milliliters of blood. According to the American Medical Association, a person can become impaired when the BAC hits 0.05. The legal standard for drunkenness in Maryland is 0.08.

Skilled and experienced defense attorneys are familar with the use of these machines and the nuances which can cause an innacurate breathalyzer reading. Often the machine is broken, not properly calibrated, or the associated paperwork is not properly completed by the officer.

For more information on drunk driving defenses in maryland, please contact the experienced lawyers at our firm or call 410-385-2225.

Maryland DUI Attorney. I had a somewhat interesting DUI/DWI case with a client who was repeat offender yesterday in the District Court for Baltimore County. My client, who is from West Virginia, was charged with DUI and DWI. The facts of the case were that he was travelling Westbound on Pulaski Highway in Baltimore County, Maryland at approximately 12:15AM on the morning of September 12, 2008. He and a friend were visiting other friends in Maryland and were staying at a motel on Pulaski Highway. They had gone out to dinner and then to a "Gentleman's Club" and were returning back to the motel.

The motel was located on the East side of Pulaski Highway which is a divided four lane road with two lanes in each direction and a cement barrier separating the lanes. My client and his friend were not intimately familiar with the area and it was dark. They inadvertently passed by the motel and had to proceed approximately a half mile further West on Pulaski to reach the first break in the median. Here, there was a dedicated left turn lane and no signs prohibiting either a left turn or a u-turn.

Continue reading "Fourth Time DUI/DWI Offender Successfully Defended" »

Driving on a Suspended License is one of the most common charges that causes people to appear in the District Court in Maryland. I appear as a criminal defense attorney almost on a daily bases in these cases. Many first offenders are surprised to find out that a person can actually go to jail for driving while suspended, even if suspended for what seems to be a relatively minor reason. Before I get into what a person should do prior to court if they are charged with driving while suspended in Maryland, let me first describe the most common reasons why a person's license might be suspended and the penalties associated with each type.

By far the most common reason that a person may end up having his license suspended is for failure to appear in the District Court for a minor traffic violation. Anyone who has ever been to minor traffic court knows that many people fail to appear for their court date. When someone fails to appear in court, even for something as minor as a seat belt ticket, the Motor Vehicle Administration is notified and the person's license is suspended. In Maryland the maximum penalty for driving while suspended for this reason is 60 days in jail and a fine of $500. A person's license can also be suspended for failing to pay a fine or failing to appear in court for a ticket received in another state. This did not used to be the case. It used to be that the person's privilege would only be suspended in the state in which that person failed to pay the fine. Today under what is known as the Interstate Compact, the state in which the person is licensed will be notified of the failure to pay the fine or of the failure to appear in court by the state where the violation occurred and the person's license is suspended.

Continue reading "Driving While Suspended- What to do Prior to your Court Date" »

As a service to our clients, we are posting the following standard instructions for Maryland DUI/ DWI cases.

1. Contact alcohol counselor to set up evaluation and treatment. (List of Counselors enclosed).

2. Sign authorization for release of information with counselor and instruct counselor to send copies of evaluation and treatment plan to your attorney.

3. Respond to MVA Express office and get copy of complete driving record and send to attorney. (Copy can also be obtained on line http://mva.state.md.us/default.htm). There is a $10 charge and the record will be sent to the address that MVA has on file.

4. Prior to court or MVA hearing contact alcohol counselor for updated treatment summary. Instruct counselor to send/fax copy of update to our office and bring copy with you to MVA and court hearings.

5. If counselor has ordered AA or NA meetings procure attendance slips for all meetings and bring slips with you to all MVA and court hearings. If meetings will not provide attendance slips, create log of all meetings attended. Include date, time and location of meeting.

6. Bring copy of temporary driver’s license and all extensions of driving privilege with you to the MVA hearing.

7. Bring to MVA Hearing a letter from your employer indicating your need to continue to have a driver’s license as a condition of your employment.

8. Whenever a Summons is received for Court or MVA Hearing, immediately contact Sheila Englehart (senglehart@mdattorney.com) to advise of date of hearing.

Maryland drunk driving offenses are charged as either DUI, DWI or both.

-DUI: Under Maryland law, driving under the influence (DUI) can be proven by a test result of .08% alcohol or more or by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carries 12 points with the MVA and at a hearing the driver's license may be revoked.

-DWI: Driving while impaired (DWI), although a lesser offense under Maryland law, is still a serious crime and can be established by evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol. This offense can be proved by evidence of a test result of .01% or more, but less than .08%. The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DWI also carries 8 points with the MVA and at a hearing the driver's license may be suspended.

In many cases, a criminal defendant is charged with both DUI and DWI. A defendant, however, will only be penalised for one of the two offenses. In the event of a conviction for both offenses, the lessor charge DWI will merge into the higher offense (DUI). It should also be noted that in the event a defendant has prior offenses, the prosecutor may elect to seek enhanced or more severe penalties.

The offenses of driving under the influence (DUI) or driving while impaired (DWI) are two of the most common criminal charges faced by Maryland citizens every year. A DUI/DWI conviction can result in the loss of driving privileges, severe fines, and possibly imprisonment. Even the most responsible individuals are at risk of DUI/DWI charges when driving home after having only a couple of drinks. Facing drunk driving charges can be one of the most embarrassing and stressful times in a person’s life. The attorneys at Silverman, Thompson, Slutkin & White, L.L.C., are highly skilled and experienced in representing criminal defendants charged with DUI/DWI. The Firm actively and aggressively represents its clients faced with such charges by counseling each defendant through the criminal process, asserting and exercising all rights of the defendant that are available, and meticulously examining the factual scenario leading to the charges, to highlight a few of the legal services Silverman, Thompson, Slutkin & White provides to its clients in this area.

Please contact us for a free consultation.

Lawyers wear many hats including advocate, counselor and legal strategist. Often times, the many roles of a lawyer conflict with one another. Not so when it comes to advising DUI defendants to seek an alcohol evaluation and/or treatment. Not only does such a referral help the client on a personal level, but it assists the lawyer before both the criminal judge and the administrative judge (MVA hearing).

Every DUI defendant who consults with our law firm is provided a list of court certified alcohol education and treatment facilities. It is recommended that the client schedule an immediate appointment, answer the evaluators questions honestly and follow the recommendations of the counselor. If a person is deemed to have an alcohol dependency, in-patient and out-patient options will be discussed. Most problem drinkers will benefit from an out-patient program which may span from 12-48 weeks. In-patient treatment referrals are common for egregious cases and repeat offenders. The length varies.

If a person does not appear to suffer from alcohol dependency, a 12 hour alcohol education program will likely be recommended.

Why do it:

1) Many judges want to see an alcohol evaluation prior to the disposition of the case. If a private evaluation has not been completed in advance, the client may be at the mercy (sometimes good, sometimes not so good) of a county employed evaluator. The evaluation is done on the spot.

2) Often a judge will be impressed that a person has taken the initiative to address the underlying reasons he/she was arrested for in the first place. This could mean the difference in jail/no jail or points/no points.

3) Even if you think your case is defensible, sometimes prosecutors will dismiss a flimsy case because the prosecutor is satisfied that at least the underlying alcohol problem is being addressed.

4) Finally, I have never seen someone hurt by seeking help. It could make the difference the next time you consider taking a drink, or are drinking alcohol and reach for the keys.

So the answer is an overwhelming yes. Private alcohol evaluations and treatment before court will help you and help your lawyer help you.

For more information on Maryland DUI, DWI or drunk driving defense, please contact us for a complimentary consultation.

Maryland DUI/DWI Lawyer/Attorney Can a person initially refuse to consent to a breathalyzer and then, upon further reflection, withdraw that refusal? And does that withdrawal of the refusal then constitute valid consent? The answer is a qualified yes. According to 16-205.1 of the Maryland Traffic code a person may withdraw an initial refusal to submit to a breathalyzer and then later consent to take a test of breath if the subsequent consent is unequivocal and it does not substantially interfere with the timely and efficacious administration of the the test.

I had a case in Baltimore County that presented this exact situation several months ago. My client was pulled over on I695 for speeding. He admitted to the officer that he had had 3 beers completing the last beer approximately 90 minutes prior to being stopped. He was asked to perform field sobriety tests and consented to do so. He believed that he had performed the tests virtually flawlessly but the State Trooper arrested him anyway. He was taken back to the State Police Barrack where he was read his rights and had the potential consequences of refusing to take the breath test or blowing over .08 explained to him. He initially said refused to consent to the breath test but then requested to use the telephone to contact his attorney.

Continue reading "Withdrawal of Refusal to Consent to Breathalyzer in Maryland DUI/DWI case" »