Getting the Best DUI Lawyer in Baltimore For You

If you’ve recently been arrested for driving under the influence in the Baltimore area, you almost certainly are afraid and want to do whatever it takes to get back on the right track. There are so many things going through your mind right now and so many things that you feel you need to do, but finding the right lawyer probably tops this list. You need an advocate that can fight for your rights and represent you vigorously. But finding the right DUI lawyer in Baltimore is not as simple as choosing tomatoes in the grocery store. Following are several very important considerations to take into account as you try to find the best DUI lawyer in Baltimore for you.

What to Expect From a DUI

When a Baltimore police officer pulls you over on suspicion of DUI, it can be a very scary situation, and you will want to know how to deal with it properly, both before and after any arrest is made.  But whether you read any further or not, know that finding a good DUI lawyer in Baltimore is the most important step to getting yourself back on track!

Chemical Tests such as Breath Test

In the state of Maryland implied consent laws exist that essentially force drivers to consent to BAC testing if an officer has suspicion that the driver is under the influence of alcohol.  Refusal to take the test will result in up to a full year suspension of your driver license.  It is recommended that you consent to such tests since even if your BAC is tested above the .08 legal limit, the maximum license suspension is 60 days.  If you do refuse the test, the officer must inform you of the penalties for test refusal.
The Breath Test: In Baltimore (and Maryland generally), a breath test cannot be administered by just any person, including the officer.  The person administering the test must be a “qualified person” using approved instruments.
Blood Test: A blood test for police testing has to be taken within two hours of driving and must be administered by a licensed professional.

If You Are Arrested for DUI in Baltimore:

While the breathalyzer results are not the only piece of evidence that prosecutors use in fighting their DUI cases, it often is among the most important facts that they have.  In MD, a person can be convicted of DUI when it is shown that the individual was driving and the breath test shows a BAC that is over the limit.  Unfortunately, the breathalyzer machines used by many police departments in MD have been shown to be unreliable in some instances.  Further, it doesn’t just take alcoholic beverages to produce strange results in these machines from time to time.  Following are some ways in which the breathalyzer machine could just plain get it wrong.

One test the is sometimes employed in the field in order to determine sobriety is the Horizontal Gazy Nystagmus Test (HGN).  The idea of this test is that when an intoxicated person moves their eyes to the side, jerking of the eyes will occur before 45 degrees and the person will not be able to follow a slowly moving object smoothly with their eyes.  While this test is not used to determine an exact BAC, it can be used for “probable cause” and general evidence.  It is important that you consult with a Baltimore DUI Lawyer to understand the applicability and admissibility of the HGN test in your case.  Following are guidelines that are often given to officers in order to teach them how to administer the test correctly and also to teach them how to score the test (decide if you’re drunk or not):

Officers have several tests that they use in order to determine sobriety.  Some of these, such as the One Leg Stand test are used in some of the officer’s first interactions with a driver they suspect of DUI.  Police departments do try to make these tests uniform and reliable so that they will be admissible in court.  The National Highway Transportation Safety Administration (NHTS) has given instructions on how the One Leg Stand test should be administered and scored.  The following are their instructions for giving a reliable test.  Bear in mind that these are not laws or statutes that police are required to follow exactly, but it is the opinion of a very reputable government administration who has offered these guidelines.  Officers across the country are trained based on these guidelines.  They are used in training manuals and guidebooks and are often referred to in court as evidence for or against a valid test.  Now for the guidelines from NHTS:

Officers have several tests that they use in order to determine sobriety.  Some of these, such as the Walk and Turn test are used in some of the officer’s first interactions with a driver they suspect of DUI.  Police departments do try to make these tests uniform and reliable so that they will be admissible in court.  The National Highway Transportation Safety Administration has given instructions on how the Walk and Turn test should be administered and scored.  The following are their instructions for giving a reliable test.  Bear in mind that these are not laws or statutes that police are required to follow exactly, but it is the opinion of a very reputable government  administration who has offered these guidelines.  Officers across the country are trained based on these guidelines.  They are used in training manuals and guidebooks and are often referred to in court as evidence for or against a valid test.  Now for the guidelines from NHTS:

Every DUI case is unique.  It has its own set of facts along with its own set of actions by the officer and specific circumstances of the individual being charged.  It is imperative that you get the best DUI lawyer possible for the best possible defense.  As your lawyer listens to your case, here are a few different issues that your lawyer will consider as they decide how to defend you before the court.

In Maryland, you may be arrested not only for DUI, but also for DWI. It is common knowledge that .08 is the BAC above which you can expect to be arrested for DUI.  Some people are surprised when they find themselves arrested when the BAC test they took only registered at .07 or even lower.  They are then charged (most often) with a DWI or driving while impaired.  So if you are asked to take a breathalyzer test and you register a number like .06 or .07, you are almost certainly going to be arrested and charged.  If you have any alcohol in your system when the officer pulls you over, it is at the officer’s discretion whether or not to arrest you.

So the campaigns that say buzzed driving is drunk driving are true not only from a public safety standpoint.  Even if you are not “over the limit” (.08), you can still be “under arrest.”  It is very important that you get a good Baltimore DUI Lawyer on your side in order to fight for your rights and make the best analysis of your case.  Defending a DUI charge can be very complicated and you need to get the right counsel on your side in order to get the best possible outcome.

We’ve all seen the TV shows and movies that show people getting arrested.  Invariably they are read their Miranda rights: You have the right to remain silent, you have the right to consult an attorney, anything you say can and will be used against you…. But if you’ve just been arrested for a DUI or DWI, you may have been surprised that you were probably not read those rights at all!  Is this legal?

Some people drive for a living and must have a valid Commercial Driver License (CDL) in order to keep their job.  Being arrest for a DUI or DWI can have serious ramifications for your CDL, regardless of whether you were not even on the job driving a CDL vehicle at the time.  If this describes your situation, you have a very serious problem that could potentially affect your livelihood.   So read this information carefully and then contact a Baltimore DUI Lawyer as soon as possible to discuss your case.  Acting fast could be the difference between getting a favorable outcome or not.

There are many defenses which a Baltimore DUI Lawyer can use against a DUI charge.  One of the issues that all good DUI attorneys will look at is whether the arresting officer had the jurisdictional authority  to make the arrest.  Each police department has a particular geographical area that they are charged with protecting.  For most DUI/DWI cases in Maryland, officers may not make arrests, patrol, or make stops outside of their geographic responsibility.

Therefore, in looking at your particular case, your attorney will consider such questions as:

1.    Where were you pulled over and arrested?
2.    What is the jurisdiction in which the officer is operating?
3.    Is the officer that made the stop and the one that arrested you the same person?  If not, was there a jurisdictional issue at play?

If it turns out that the stop or arrest was done outside the jurisdiction of the officers involved, the evidence that comes from these illegal activities can be suppressed.  When this happens, the case is nearly almost always immediately dismissed and the driver can move on with his or her life.  Defending a DUI charge can be incredibly complex and the questions that can be asked in order to present the best possible case may not be immediately apparent to most lawyers.  For this reason, it is important that you get the best Baltimore DUI Lawyer on your side.

Here is a quick list of things you should do as soon as possible after you have been arrested for DUI in Maryland:

1.    Get a Lawyer as Soon as Possible:  You license has been taken from you and you face very serious potential consequences.