Super Bowl XLIX is just around the corner. The Seahawks are trying to repeat as NFL champions, and the Patriots are in search of their first post-Spygate title. It’s not exactly the Ravens-Redskins matchup that would send Marylanders into a frenzy, but that won’t stop anyone in the Old Line State from celebrating with plenty of wings and beer.
The lawyers at Oehrig & Mailman, LLC want you to have fun but urge you to be responsible and get home safely. If you’ve had a few “barley sandwiches” or got mixed up in a Tom Brady-shown-on-the-sidelines drinking game, find your Designated Driver; the guy that hovered over the plate of wings all night is probably who you want to drive you home (and not the guy that kept digging in the cooler for another beer). If you do end up driving yourself home and you get pulled over, it is important to understand the process of a drunk driving stop in Maryland, even if you haven’t been drinking. Here are some FAQs to help you better understand the process:
Is there an increased chance of being pulled over on Super Bowl Sunday?
Almost certainly. There is usually increased enforcement in the form of extra DUI patrols and DUI checkpoints. There is also added suspicion on any night between the hours of 11 pm - 4 am.
For what reasons can a police officer pull me over for suspected drunk driving?
Any number of reasons. A DUI patrol may notice either a traffic violation (driving through a red light, failing to stop at a stop sign, driving without headlights, speeding, etc.) or erratic driving (weaving, driving too slowly, etc.).
Do I have to answer the police officer’s questions?
No. You are not required to answer any questions that the officer may ask you. If you have been drinking, respectfully respond, “Before answering any questions, I would like to speak with an attorney.” However, if you have not been drinking, it is best if you politely answer the questions.
At this point, does the officer have to give me a Miranda warning and advised of my rights?
No. Until you are arrested, the officer is not required to advise you of your rights. That is why it is so important to know your rights beforehand (hence these FAQs). However, once you are brought back to the station for a breathalyzer test, the officer is required to read and explain the DR-15 Rights Form before they administer the test.
What is a Standardized Field Sobriety Test (SFST)?
A set of three tests. Officers in Maryland use three tests, all of which you have probably seen on TV: the Follow-the-Pen Test, the Walk-and-Turn in a Line Test, and the One-Leg-Stand Test.
If asked, should I perform the SFST?
Probably not. A person may refuse the SFST without any direct consequences although, realistically, you should expect to be arrested. However, the officer has probably already made up his/her mind to arrest you prior to the test and is only using the test to gather more evidence to support any charges against you. Even if you “pass” the SFST, the officer can still arrest you (although the result could later be used as a potential defense).
If asked, should I take a breathalyzer test?
It depends. If you have ever looked at the back of your Maryland license, you might note that it says you impliedly consent to chemical testing for intoxication. Refusing to take a breathalyzer test will often result in your license being taken away and suspended for 120 days. It also does not mean that you cannot still be convicted for a DWI/DUI. If you are indeed convicted of these charges and you refused the test, the sentence against you can be enhanced. On the flip side, if you fail the test, it can and will be used as evidence against you to support charges and, as you will see below, the penalties you face for a DWI/DUI conviction may be harsher than a license suspension.
What should I do if I consent to a breathalyzer test?
Ask for a lawyer to be present first. In Maryland, you have the right to consult with an attorney before you agree to a breath test, as long as it does not unreasonably delay the administering of the breath test, which must be given within two hours of apprehension. Having a lawyer present will help him to establish potential defenses to the charges brought against you.
Can I still be arrested and charged if I blow under a .08?
Yes. If you blow a .04 - .07 the officer can still charge you with Driving While Intoxicated (DWI). The reason for the traffic stop (i.e. erratic driving, etc.), your performance on the SFST, and your general demeanor can all be used to support an officer’s suspicion of drunk driving.
What are the potential legal consequences for a DWI/DUI?
· 1st Offense: Incarceration up to 2 months/1 year (DWI/DUI); a fine up to $500/$1000 (DWI/DUI); up to 8/12 points on license (DWI/DUI); minimum license suspension: 6 months
· 2nd Offense: Incarceration up to 1 year/2 years (DWI/DUI); a fine up to $500/$2000 (DWI/DUI); up to 8/12 points on license (DWI/DUI); license suspension: 1 year
· 3rd Offense: Incarceration up to 3 years (DWI & DUI); a fine up to $3000 (DWI & DUI); up to 8/12 points on license (DWI/DUI); license suspension: 1 year
· Penalties are enhanced for refusing to take a breathalyzer test by up to 2 months and $500
Will my sentence be this stiff?
Maybe. This is why hiring a good lawyer is important. There are many defenses to drunk driving charges that can mitigate the harshness of a sentence. Maryland does offer some first-time offenders Probation Before Judgment (PBJ). A PBJ is often a favorable result that means you are guilty of drunk driving, but will not be convicted so long as you abide by the terms of the probation.
As you can see there are many potential issues, some more complicated than others, when it comes to drunk driving. In many cases, the officer has already convinced himself of your guilt, and there is nothing you can do to change their mind so don’t try. Be as cordial as possible to the officer and try to remember every possible detail. But the most important thing to do is to immediately contact a qualified Maryland attorney who knows what facts to look for to help you get the best outcome possible.
