FAQs about DUI & DWI--Part 2

Q:  What should I say if I'm stopped by a police officer and he asks me if I've been drinking?

A:  Usually an officer is only asking questions of you in order to obtain evidence. I would suggest that you respectfully decline to answer that question if you have been drinking. If you have not had anything to drink then answer truthfully.


Q:  Do I have a right to consult with an attorney when I'm stopped by an officer and asked to take a field sobriety test?

A:  When dealing with the Police, everyone always has the right to an attorney. However, due to officer safety reasons (dealing with being on the side of the road, and other considerations), an Officer will not usually allow you to contact an attorney immediately. You have the right to refuse to do the field sobriety tests. And with this point, I can't stress enough that one must be respectful when dealing with an officer in this situation. When one refuses to do a field sobriety test or asks to contact an attorney, the Officer may become frustrated.


Q:  Do I have a right to consult with an attorney before deciding whether to submit to a breath test?  What happens if I refuse to take the breath test?

A:  Yes you have an absolute right to contact and consult with an attorney prior to submitting to a breath test. I highly suggest doing so and keep my phone nearby for just such instances when someone may need my advice.
If you refuse to take a breath test, your license will be confiscated and may be suspended by the Motor Vehicle Administration. Furthermore, the refusal of the breath test may be brought up against you in the Court case regarding the allegations of Driving while Impaired, or Driving while Intoxicated. Before anyone submits or refuses to take a breath test, they should contact an attorney.


Q:  If I pass the SFSTs, can the police still place me under arrest?

A:  Just so everyone is clear "SFST" stands for Standard Field Sobriety Tests. These are standardized tests that the National Highway Safety Administration utilizes around the country in the detection of impaired driving. Usually they consist of a Horizontal Gaze Nystagmus Test, which is to try and detect involuntary eye movements, a One Leg Stand test, and a Walk and Turn test. You do not have to take these tests. Once again the Officer in asking you to perform these tests is attempting to obtain evidence against you.
If you successfully complete these tests, and the officer still has reason to believe that you have been drinking, he can still lawfully arrest you. The probable cause standard for an arrest in a case of suspected impaired driving is extremely low. In gauging that standard the Courts will often side on an overabundance of caution regarding removing a suspected impaired driver from the roadway.


Q:  The officer never gave me a 'Miranda' warning, or advised me of 'my rights,' will my case be dismissed?

A:  In short form - your case will not be dismissed. Miranda warnings, the right to remain silent & etc, are only meant for those who are being questioned by the police while in custody. While it can be argued that during a traffic stop one might not be free to go, Courts have found that a traffic stop does not invoke a custodial situation where Miranda warnings are required. However, once someone is placed in handcuffs, the custodial situation begins, and any interrogation thereafter would require Miranda warnings. If the Officer did not administer the warning prior to the interrogation or questions being asked, the remedy available to the Defendant is to have those statements suppressed, or not allowed into evidence.

FAQs about DUI & DWI

I represent a lot of clients who have been charged with DUI and/or DWI.  Many of them are first-time offenders who, understandably, have many questions about what will happen to them and how they should proceed.  Here are a few of the most common questions asked and my responses.


Q:  Can I represent myself?  Do I need an attorney for a DUI/DWI charge?

A:  Any time someone is charged with an offense, whether it is a minor traffic offense or a serious felony, I advise them that they need an attorney. I am often approached by individuals who have attempted to represent themselves, who don't understand what happened in court, nor do they realize that the results may have impacted their lives well beyond that court appearance. Any time someone has interaction with the court, they should be represented by an attorney.


Q:  What's the difference between DUI & DWI?

A:  DUI stands for driving under the influence; DWI stands for driving while impaired. There are a number of differences legally, which should be explained by any attorney who represents you. But to simplify, one is a more serious offense than the other.


Q:  This is my 1st drunk driving offense.  What can I expect?

A:  What to expect regarding a 1st time offense varies greatly from jurisdiction to jurisdiction.  Your attorney should be familiar with the particular requirements of each and should prepare you in advance for your court date.


If you are facing a DUI or DWI charge, I am available for a consultation 24/7.
Please call 410-310-3763.


Thanks,
Julie

MD Moves to Lessen Penalties for Marijuana Possession

Maryland has made a move to lessen the penalties for those caught in possession of marijuana.
(See article.)

Often times there exists some confusion regarding the marijuana citations, and the current law in Maryland. There is quite a bit of discussion regarding the "decriminalization" of Marijuana in Maryland. However; that is currently not the law in Maryland. If you are charged under a citation for possession of marijuana (whether it be 10 grams or under or simple possession) it is a criminal offense. This can have significant consequences regarding your ability to obtain, or hold a job. Further, any conviction will have a serious consequence regarding your ability to retain a medical license, or enlist in the armed forces.

Too many times, these citations are not regarded as serious, and ignored by those who are charged. This leads to significant issues regarding their court appearances, and an attorney's ability to properly handle the case. Anyone who is charged should seek the services of an attorney to represent them in order to minimize or eliminate any exposure that they have in regards to these citations.

If you have questions about this law or a citation you have received, please call me today!

Julie Guyer, Attorney at Law