DUI and DWI Charges

Getting Arrested for DUI

Driving under the influence (DUI) charges apply to those driving with a blood alcohol content (BAC) of 0.08% or more. These charges almost always result from a traffic stop in which law enforcement noticed a driver swerving, driving too slow, failing to stop, or driving erratically. In other instances, another driver may call 911 when they notice this behavior or when an accident occurs, or a police officer may stop a vehicle for another reason, such as a missing license plate or broken windshield.

An attorney could examine the circumstances leading to an arrest to determine how an individual accused of driving intoxicated should move forward. A lawyer may even be able to have their client’s charges dropped or significantly reduced, as Maryland police must have a legal reason for conducting a traffic stop under the 4th Amendment.

DWI Charges

Charges for driving while impaired (DWI) are slightly less serious and may be appropriate when an individual is found driving with a BAC under 0.08%. After collecting the driver’s license, registration, and insurance documents, law enforcement will attempt field sobriety tests.

Field Sobriety Tests

Field sobriety tests are physical tests given to a suspect to help law enforcement determine whether they are under the influence. They can be administered in any order, and include:

• Standing on one leg

• Walking in straight lines and turning

• Horizontal Gaze Nystagmus (watching how the suspects' eyes move, looking for involuntary jerking of the eyes)

In addition, law enforcement may attempt to use a "breathalyzer" device called a preliminary breath test. In Maryland, there is no legal penalty for refusing field sobriety tests. However, doing so will probably lead to an arrest. A lawyer experienced in DUI cases could further explain the potential consequences of refusing field sobriety tests.

Back at the Station: The Official Breath Test

Once arrested for suspected DUI, Maryland drivers will be asked to participate in an official breath test administered at the police station. Refusing the test will result in a longer driver’s license suspension or revocation.

Building a DUI Defense

If an individual has been detained during an illegal traffic stop, their attorney could get their charges "thrown out" or dropped entirely by moving to have the resulting evidence suppressed. This is a rare situation, however, as law enforcement officers undergo extensive training on this topic.

Sometimes, the tools or techniques used by law enforcement during a traffic stop are incorrect or inappropriate. Physical coercion, for example, might lead to a case dismissal or a malfunctioning breathalyzer (PBT) device. Every traffic stop and DUI arrest is unique, so it is best that drivers remain silent and contact a lawyer immediately.