First Time Offender v. Habitual Drunk Driving

Generally, a first time DUI/DWI offender who is offered probation before judgment will be required to take an alcohol education class and attend some sort of alcohol counseling. Most first time offenders just want the experience behind them and usually instruct me to take the plea (even if I advise them that they have a defense). These are the people who are one and done and are by far a majority of the DUI/DWI.

However, there are some people out there who just can not seem to stop driving drunk.

Therer are two problems with habitual drunk drivers. First is the addiction. Once some is addicted to alcohol, recovery is extremely difficult. Unless an alcoholic can get clean, more than likely, the pattern of drunk driving will continue.

The second problem is money. The classes and counseling ordered by the court cost money and this is on top of any fines, court costs and lawyer fees. The alcoholic's finances are usually stretched pretty thin from drinking and can not afford to begin or continue any counseling. So, the habitual drunk driving continues.

Prior to going to court I advise my clients to take some alcohol classes and attend some AA meetings. A judge takes this into consideration (it only comes into evidence if you accept a plea or are found guilty) and usually (but not always) waives some of the fees involved or he may even decline to order counseling if the individual has been extremely proactive.

Habitual Drunk Drivers Not Always Getting Counseling [online] (2005). (Spetmeber 22, 2005).

Are Sobriety Checkpoints Efficient?

When a court talks of sobriety checkpoints part of the discussion is the efficiency of the checkpoint, main in terms of the arrest rate. Generally, sobriety checkpoints with a .1% arrest rate are held to be efficient enough in removing drunk drivers from the road to help pass a constitutional challenge.

The last checkpoint in the [Anne Arundel] county, conducted July 22, yielded four DUI arrests and one drug arrest after officers stopped 651 vehicles.

The last checkpoint in the [Annapolis] city on Aug. 26, yielded six arrests after officers stopped 335 vehicles.

Other checkpoints haven't been so successful. After stopping about 1,000 cars Aug. 18, city police made no arrests.

While the arrest rate is one way to measure the effectiveness and efficiency of a checkpoint, there are also other concerns.

To properly man a checkpoint, roughly 20 uniformed officers are needed. The officers are given a strict set of regulations that are to be followed, providing fertile ground for a defense attorney to pick through for mistakes that may cause a judge to dismiss the case.

While sobriety checkpoints are effcient enough to pass a constitutional test, with the relatively low amount of arrests, the large amount of man power and resources needed, and the strict regulations that need to be followed, how efficient are the checkpoints overall?

HometownAnnapolis.com, Top Stories - Police DUI checkpoint announcements questioned [online] (2005). (September 16, 2005).

MD State Police Arrest 202 Motorist Over Labor Day Weekend

HometownAnnapolis.com, Top Stories - Arundel report: Area news briefs [online] (2005). (Sept. 13, 2005).

Troopers crack down on drivers

State troopers were busy over the Labor Day weekend, conducting 80 percent more traffic stops than last year and writing more than 20,000 tickets, warnings and repair orders, the department said.

Troopers arrested 202 motorists for DUI -- 15 percent more than last year -- and 167 for other criminal charges. State police drug investigators also made 83 drug arrests and served 32 search warrants. They recovered almost four pounds of powder and crack cocaine, as well as stashes of hydrocodone and marijuana.

Troopers investigated 193 crashes, down 11 percent from last year.

Col. Thomas E. Hutchins, state police superintendent, ordered more than 1,400 troopers to take to the roads, canceling leave and deploying those not normally assigned to patrols.

Florida - New DUI machine has same old flaw

A defendant has a right to all evidence that may tend to negate guilt or punishment for a crime, including DUI. In Seminole County, Florida, judges are dismissing DUI cases because the state prosecutors are not turning over evidence, specifically the source code of the software that runs the Intoxilyzer 5000 (the breath-alcohol testing machine).

With computers there is a saying, "Garbage in, garbage out." If the code that runs the software controlling the BAC test is bad, the results will not be accurate.

The State argues that it can not get the source code, that it is a trade secret of the company that produces the machine. Essentially it seems the state is saying that the protection of the private company's trade secret is more important than the guilt or innocence of a citizen.

The odd thing is that Florida apparently just negotiated a new $2 million deal for high-tech breath alcohol machines, however, failed to get the source code.

Other counties in Florida have ruled that the Defendant's are not entitled to the source code, so the issue is unresolved.

A search of Maryland cases did not produce any results. As such, it seems that it would be an issue of first impression in Maryland if a case went to the Court of Special Appeals or Court of Appeals.


New DUI machine has same old flaw - OrlandoSentinel.com: Seminole County News [online](2005). (September 9, 2005).

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Scope of Maryland DUI Law

Family and friends often ask me what the scope of Maryland's DUI law is; whether they could drive on private property while imparied or under the influence.

People should know that Md. Code Ann., Trans. Section 21-902 applies to all of Maryland, whether on a highway or in your backyard.

As such, the answer is yes it is illegal to drive drunk, even in your own backyard.



In the news:

Baltimore County Councilman Stephen G. Samuel Moxel is granted PBJ on a drunk driving charge.

Moxley gets probation for driving drunk - baltimoresun.com [online] (2005). September 7, 2005).

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