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.

-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.

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.

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.

In Rowe, a Maryland State Trooper observed a van being driven in the slow lane of I-95, at about 1:00AM. The trooper followed the vehicle for a little over a mile, and in that span observed it cross over onto the right shoulder about 8 inches, touch the rumble strip, return to the slow lane, and cross over a second time. The trooper then initiated a traffic stop “for the benefit of the driver...because it was late in the evening.” Id. at 428. The officer determined that the driver was not intoxicated, but discovered that he was driving a rental vehicle with an expired rental contract. The officer then searched the vehicle and discovered marijuana, and was issued a warning for failure to drive in a single lane under Trans Art. § 21-309(b) . Suppression of this evidence based on an unlawful stop was denied in the trial court.

The Court of Appeals reversed the denial. The Court stated that “the petitioner’s momentary crossing of the edge line of the roadway and the later touching of that line did not amount to an unsafe lane change or unsafe entry onto the roadway, conduct prohibited by §21-309, and thus, cannot support a traffic stop in this case.” Id. at 441. The Court also stated that a lawful traffic stop may also rest upon reasonable, articulable suspicion, and stated: “A traffic stop may also be constitutionally permissible where the office has a reasonable belief that “criminal activity is afoot.” Whether probable cause or reasonable suspicion exists to justify a stop depends on the totality of the circumstances.” The Court did not determine that there was other reasonable suspicion.

In cases involving motor vehicle accidents in which the suspected drunk driver is injured badly enough to require hospitalization, there is obviously not an opportunity for the investigating officer to request that the suspected drunk driver perform standardized field sobriety tests. In these cases the officer will typically speak to the driver and develop suspicion that the driver is impaired by alcohol based upon his observations. The officer will look for the smell of alcohol, blood shot eyes, slurred speech and other clues that the person is under the influence. If that suspicion is developed the officer will respond to the hospital and request that the driver submit to a test of his blood. The person my refuse to consent unless the accident caused death or life threatening injury, in which case he may be compelled to submit to a blood test.

Today I had a similar case in the District Court for Baltimore City. My client had the misfortune of passing a late model Chevy Malibu at approximately 1:00 AM on Interstate 95 N. just South of the Harbor Tunnel. About the time he pulled even with the Malibu (doing approximately 85MPH) he realized that it was an undercover Maryland Transportation Authority Police car. He was then pulled over and ultimately arrested for DUI, speeding and negligent driving.

So, when and under what circumstances are the police required to read a person their Miranda rights? Most people wrongly believe that as soon as a person is placed under arrest, which they almost invariably define as the point at which they are handcuffed, the police are required to read them thier Miranda Rights. Although this is the common procedure on television, it is simply not how it is done in the real world. The police are only required to read a person their Miranda Rights in the context of a custodial interrogation. That means that the person must both be under arrest (or at least in custody) AND be under interrogation by the police. A common question that I get from my clients in DUI/DWI cases is why are the State is allowed to use incriminating statements that they made to the police prior being read their rights.

A particularly shocking example of this trend is the DUI/DWI case that I was hired for on Tuesday. The client was picked up for DUI/DWI on Sunday night. He allegedly made a right turn on red at an intersection where doing so was prohibited. He pulled over immediately and was totally cooperative and polite throughout the investigation. After not performing the field sobriety tests to the satisfaction of the officer he was arrested and taken to Central Booking. Sometime on Monday morning he saw a court commission who set his bail at $10,000.

At this point his wife attempted to post their home for the bail but was told by the commissioner that they had insufficient equity. The reason for this is that the court calculates the equity in a home by subtracting the outstanding mortgage from the tax assessment value of the home. The tax assessment value is almost always substantially less than the market value of the home.

When a person receives a DUI or DWI in Maryland, that person faces two possible suspensions of his or her driver's license. The person will first face a suspension of his driver's license, depending upon whether or not he took the breathalyzer. The defendant will also face suspension if he is ultimately convicted of the DUI or DWI when the matters proceeds to court. In addition to suspensions resulting from DWI's and DUI's a person may have his license suspended for several other reasons. By far the most frequent cause of a license suspension is that a person fails to appear in court for a minor traffic citation or fails to pay the fine after appearing. These so called "H" violations make up the vast majority of suspended license cases. A person may also have his privilege suspended or revoked due to an accumulation of points, for not paying child support, for receiving three moving violations within a a six month period, and for several other reasons.

Just about the first question people routinely ask me when they find out that I am an Aggressive DUI/DWI Attorney is should they or shouldn't they take the Breathalyzer if they are stopped by a police officer after they have been drinking. The answer to the question is somewhat more complicated than it used to be given recent changes in Maryland DUI/DWI law.