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What not to do if arrested for a DUI

Sometimes its easier to understand how to act in a given situation by examining how a person should not act in a given situation.

Brant Fuller of Huntingtown Goes Nuts While Arrested (2005) [online]. (August 30, 2005).

If you are arrested on a DUI charge, it wise not to kick or harass the police officers involved.

Md. lawmakers plan tougher measures for drunken driving - baltimoresun.com

In response to the recent NHTSA stats, Maryland lawmakers are considering increasing the penalties for drunk driving. Maryland is considering:

-Revoking the license of anyone under 21 caught drunk driving for 3 years or until 21 years of age,

-Allowing judges to require the use of the interlock ignition system for up to 3 years, and

-Installing a graduated penalty based on BAC.

Md. lawmakers plan tougher measures for drunken driving - baltimoresun.com (2005) [online]. (August 28, 2005).

Drunken driving deaths in Md. rising

The National Traffic and Highway Safety Administration released their 2004 statistics on Alcohol Related Fatalities. This is the summary release.

Alcohol Related Fatalites in 2004 (2005) [online]. (August 23, 2005).

Note that "alcohol-related" means anyone involved in the fatality has a BAC of at least .01. This could be the driver, a passenger, a pedistrian, etc. The term "alcohol-related" does not necessarily mean that the driver was impaired and/or at fault in the fatality.

The Baltimore Sun reported an increase in alcohol-related fatalities from 2000 - 2003, however, from the NHTSA stats, we do not know if the driver was the person with the BAC of .01 or not.

In 2000, 2001 and 2003, Maryland has seen annual increases in alcohol-related fatalities - those which include at least one person involved in the accident having alcohol in their system, NHTSA statistics show.

Drunken driving deaths in Md. rising - baltimoresun.com (2005) [online]. (August, 23 2005).

Maryland showed a 12 percent increase last year in fatal crashes involving a driver or a motorcycle rider with a blood-alcohol level of 0.08 percent or higher, National Highway Traffic Safety Administration statistics show. Maryland had 209 such fatalities last year, compared with 187 in 2003.

I didn't think the NHTSA released stats last year broken down according to BAC.

Responsibility in DUI Laws (2004) [online]. (August 23, 2005).

Either way, everyone agrees something needs to be done about impaired driving. I would like to see our legislators draft laws that are logical and function within the framework of the constitution. Some crafty lawmaking has caused drivers to have their privilege to drive revoked, even without a hearing. I believe this is what Lawrence Taylor, Esq., means when he discusses the DUI Exception to the Constitution.

MLB Pitchers - Ponson Charged With Impaired Driving, Gooden Flees Scene, Turns Self

Dwight Gooden is just adding to his checkered past, while Sir Sidney Ponson is busy creating his own.

Orioles' Ponson arrested, charged with DUI - baltimoresun.com (2005) [online]. (August 24, 2005).

SI.com - MLB - Gooden flees DUI scene, wanted by police - Tuesday August 23, 2005 2:08PM (2005) [online]. (August 24, 2005).

Gooden Surrenders After Fleeing DUI Stop (2005) [online]. (August 26, 2005).

DUI law tossed out by judges - Washington

Seems as though Washington State is throwing out DUI cases as well.

New DUI law tossed out by judges across state (August 5, 2005) [online]. (August 23, 2005)

Does anyone know how long the Washington & Virginia (orginial article) laws have been on the books?

Raven Arrested on Drunk Driving Charge

The Baltimore Ravens return specialist, BJ Sams, was arrested on a drunk driving charge on Monday night, August 15, 2005. After being stopped for speeding shortly after 2 a.m., the officer witnessed signs that Sams had been drinking. Sams was charged with negligent driving, driving under the influence and speeding.

NFL.com - Baltimore Ravens Team News (2005)[online]. (August23, 2005).

Another report stated that Sams faces up to a $500 fine and 2
months in jail which would be the penalty for the lesser DWI charge.
Click here for the Scout.com report.

Mr. Sams is not alone:

President George W. Bush

Vice President Dick Cheney (Two Impaired Driving Arrests)

The U.S. Constitution & Maryland DUI Laws

Lawerence Taylor, Esq., wrote the book on drunk driving defense. He has started a blog about the erosion of the presumption of innocence in drunk driving laws.

DUI Blog : Bad Drunk Driving Laws, False Evidence and a Fading Constitution (2005) [online]. (August 21, 2005).

He has a post about a District Court Judge in Fairfax County, Virginia who has been dismissing DUI cases because the law is unconstitutional.

Judge Throwing Out DUI Cases - Unconstitutional (2005) [online]. (August 21, 2005).

Here is the local news story: nbc4.com - News - Va. Judge Disputes Constitutionality Of DUI Law (2005) [online]. (August 21, 2005).

According to the article, Virginia law presumes anyone with a blood alcohol content level of 0.08 to be "under the influence." The defendnat has to rebut the presumption. Effecitively placing the burden of guilt or innocence on the defendant. Such shifting of the burden of proof onto the defendant in a criminal case is unconstituional.

Md. Code Ann. Cts. & Jud. Pro., Section 10-307, Intoxication Test Results; Presumptions Arising.

Maryland does not have a presumption of "under the influence." But, the law does provide for a drunk driving charge called a per se charge. Md. Code Ann. Trans., Section 21-902(a)(2). Under the per se charge, it does not matter whether you are actually intoxicated, but the mere fact of operating a motor vehicle with a .08 BAC is a crime. Further, Maryland law states the test results are prima facie accurate, and are entered in to evidence unless the defendant requests the state follow the rules of evidence. Md. Code Ann., Cts. & Jud. Proc., Section 10-304.

It does not seem that Maryland (at least for the DUI & DUI per se charges) will fall into the same Constitutional troubles as Virginia's laws, since there is no shifting of the burden of proof. As long as the 10-304 request is timely filed, the State will have to prove its case, and the Defendant has the opportunity to cross examine any witness on the accuracy of the breath BAC test.

Check out what Mr. Taylor has to say about breath alcohol tests.

However, Maryland's DWI charges may be susceptible to a constitutional challenge, like in Virginia. Maryland does presume someone to be "impaired" if the BAC is at least .07 but less than .08. As such, it would seem that burden shifting problem exists.

How much until you reach .08?

Wondering how many drinks it would take to get a .08?

Here is a BAC Calculator

As a general rule of thumb:

For 180 lb. males - a drink an hour raises your BAC .008 (1 drink, 1 hour BAC = .008; 2 drinks, 2 hours BAC = .016; 3 drinks, 3 hours BAC = .024; etc.)

For 130 lb. females - a drink an hour raises your BAC .02 (1 drink, 1 hour BAC = .02; 2 drinks, 2 hours BAC = .04; 3 drinks, 3 hours BAC = .06; etc.).

4 Common Questions After Being Arrested on a Drunk Driving Charge

1. Do I still have a license?

A driver’s license is usually confiscated after an arrest for a DUI/DWI. You should have been issued a temporary license, which is good for 45 days. If your license was not confiscated, but you were issued the temporary license, you need to turn in your driver’s license to the nearest MVA office.

If you do not request a hearing with the MVA 10 days from your arrest, the temporary license will expire prior to any hearing at the MVA. Further, you may lose your right to have the temporary license extended if your MVA hearing is postponed.

2. Do I have to perform the field sobriety tests?

You are not required to take any tests requested by the police until you are arrested. The Field Sobriety Tests (FST) and the Preliminary Breath Test (PBT) are done to help the police officer decide whether to make an arrest. If the police officer requests that you take a PBT, he is to inform you of your right to refuse the test.

3. Should I have refused the breath test at the police station?

You have the right to refuse to submit to the breath or blood test. However, because of Maryland’s implied consent laws there are consequences; specifically, if you refuse to take a BAC test your license will be suspended.

You need to weigh the consequences. Your license will be automatically suspended if you refuse, but you deny the state crucial evidence in the case. Prior to taking any test to determine your BAC, always ask to speak to an attorney.

4. I was not read my rights, what happens?

Since Maryland is an implied consent state, being read your rights does not normally affect the main evidence in a DUI/DWI case, the BAC test. Unfortunately this means many people do not know they have the right to ask for an attorney prior to taking the any test to determine your BAC.

If you were not read your rights, any statement you may have made to the police can be suppressed.

Maryland Kicks Off Five Month Checkpoint Strikeforce Campaign

Each week, over the next 5 months, Maryland law enforcement will hold a minimum of one sobriety checkpoint. In 2004, Maryland establish 66 sobriety checkpoints resulting in 376 people arrested on drunk driving charges.

PRNewswire (2005) [Online]. (August 16, 2005)

Know your rights at a sobriety checkpoint. Click here.

Maryland DUI 10 Day Rule

After being arrested on a DUI charge, you must request a hearing with the Maryland Motor Vehicle Administration (MVA) within 10 days. If the request for a hearing is filed within 10 days, you are entitled to a hearing prior to any suspension.

In Maryland, when you are arrested on a drunk driving charge the police may have confiscated your driver's license and issued you a temporary license to drive. The temporary license is only valid for 45 days, starting from the day of your arrest. On the 46th day, the license automatically expires. Generally, a hearing is held prior to the expiration of the temporary license. As such, you will have the opportunity to heard and challenge any suspension or ask for a modification, before your license is no longer valid. However, there are instances when this hearing will be held after the 46th day of your temporary license.

If a postponement is requested (by you or the MVA) and the request is granted, the temporary license should be extended until the hearing can be held. However, if you did not request the hearing within 10 days, you are not entitled to any extensions of the temporary license.

Attached to the temporary license is a form which looks like a copy of the temporary license. The copy is a form to request an administrative hearing. You must complete and mail or deliver the form to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, MD 21031-1301.

Also, enclose a check or money order for $125.00, made out to the Maryland State Treasurer, as your filing fee. If you do not enclose the filing fee, your request for a hearing will be denied. Do not send cash. It is a good idea to send the form and filing fee registered or certified mail.