Maryland DUI Lawyers Blog

Maryland DUI lawyers have long known that the results of clinical and field sobriety tests are far from infallible. Lack of training of test administrators, subjectivity of tests, human error, and defective equipment can all impact the results of a field sobriety test, breath test, blood test, or urinalysis. The recent discovery of uncalibrated breathalyzer machines in the DC Metropolitan Police Department underscores DC DUI attorneys' assertions that the results of such a test should not be the sole factor in a DUI conviction.
Earlier this year, an independent consultant suspected that at least eight of the Department's ten Intoxilyzer machines were not calibrated correctly, giving inaccurate readings. The Intoxilyzers, which are larger than the field breathalyzer equipment, are housed at the police stations and administered after a person's arrest. While it was initially suspected that eight of the machines were not calibrated correctly, the investigation into the matter recently revealed that all ten of the Department's Intoxilyzer machines were defective. The machines, which have been in use since 2008, were reading blood alcohol concentration levels up to 20% higher than the person's actual BAC. These inaccurate results were responsible for nearly 400 DUI convictions. Half of those convicted under the flawed evidence served jail time of five days or more, and others saw fines, probation, suspension of their licenses, and criminal records as a result of their erroneous convictions. At least one lawsuit has been filed because of the wrongful convictions.
The DC case shows that breathalyzer results alone should not be the sole factor in determining guilt, a fact which Maryland DUI attorneys have repeatedly affirmed. While results from clinical sobriety tests have been said to be "scientific proof," human error and faulty equipment negate the ability of these tests to provide indisputably accurate evidence.

As the legal career of a dedicated Maryland DUI lawyer revolves around representing people who have been charged with Driving While Intoxicated, it is important to make the public aware of any new changes in state legislation that could potentially affect these cases. Recently introduced legislation would mandate that all individuals convicted of a DUI install an interlock ignition system into their vehicle as part of their sentence.

The interlock technology forces a motorist to blow into a breathalyzer system that would prevent the car from starting if the results registered over the legal limit. However, amendments were added allowing an exemption from this requirement for defendants who received probation before judgment in their DUI case.

Before the legislation can become law it must pass through the Maryland House of Representatives. And, as of last Friday, the bill remained in the House Judiciary Committee for deliberation. The group in charge of reviewing the bill is currently debating proposals only requiring those with blood alcohol content results registering between .12 and .15 to have the interlock system. Although these figures are well above the legal driving limit in the State of Maryland, the proposed changes would create a new category of "one sip over the line," making it easier for those convicted of a DUI to regain their personal liberties and freedoms after fulfilling their sentence.

Being accused of driving while intoxicated is a difficult and strenuous process for anyone to go through, regardless of the circumstances. As seen by the new bill being debated by the Maryland legislature, DUI and DWI charges can have life-changing and permanent consequences, including the loss of driving privileges, probation, fines, and/or jail time. For the highest quality legal advice and legal representation, it is vital to contact a hard-working and experienced Maryland DUI attorney immediately. Doing so can also help ensure the most positive outcome for your case.

Practicing law in a metropolitan area, it is common for an experienced Maryland DUI lawyer to represent a number of celebrities or famous individuals who have been accused of driving while intoxicated charges. Just because a person is in the public eye, does not mean that they will not be punished if caught drinking and driving, particularly if they have multiple violations against them. In a recent case with similar circumstances, a former reality television star was caught by police drinking and driving for his second alcohol-related infraction in the past month.

"The Hills" reality television star Jason Wahler, 23, was pulled over by law enforcement officials on March 19th. Immediately police officers noticed signs of intoxication--the car and his breath smelled of alcohol, and Wahler was slurring his words. After performing a number of sobriety tests, a breathalyzer test registered his blood alcohol content at 0.19 percent, over double the legal limit of 0.08. Wahler was taken into custody for DUI charges, just a week after another altercation on March 11th, in which Wahler was arrested abroad for getting into a bar fight. If convicted of driving while intoxicated charges, the former reality television star faces up to six months in prison.

Wahler has stated in interviews that he was "very, very ashamed of everything," in reference to his most recent DUI bust and drunken bar fight. However, this is not his first time being accused of drunk driving charges. In one year, the former television personality was arrested four times, in four different states, all on alcohol-related violations. Additionally, Wahler has made stints in rehab and has been a member of Alcoholics Anonymous. According to "The Hills" star, he fell out of contact with his AA sponsor while working on movies and relapsed back into his alcoholism. He also maintained that he returned to meetings this week, and will continue to attend and participate actively.

Facing driving while intoxicated charges is a difficult and overwhelming process for anyone to go through, regardless of celebrity status. As seen by the example of Jason Wahler, repeated convictions of drunk driving charges will have life-changing consequences, including the loss of driving privileges, fines, and/or jail time. To prevent your personal liberties and freedoms from being taken away, it is essential to seek counsel of a hard-working Maryland DUI attorney immediately. Doing so can not only provide the best legal advice and legal representation, but also help ensure the most successful outcome for your case.

During the legal career of an experienced Maryland DUI lawyer, it is common to represent a number of individuals who have been accused of drunk driving charges, but received multiple sentences. In order to be considered a "repeat offender" by the court, a person would have to be charged in two separate occasions. This definition was recently reinforced by a Maryland court that ruled an individual could not be punished as a repeat offender for two violations of law that occurred at the same time.

Just over two years ago, Eric Washington was pulled over by law enforcement officials for driving erratically--he was weaving between lanes, and made an improper turn. Immediately, the police officer noticed a strong smell of alcohol on his breath, and that Washington's voice was slurring. A number of sobriety tests were administered, including a breathalyzer test. Washington failed all of them, and registered a blood alcohol content level of 0.25, or three times the legal limit. Police arrested him on Maryland DUI charges, as well as driving with a BAC over the limit.

Although both of these charges stemmed from one specific incident, the trial court treated the second charge as a "repeat offense." This would ultimately make Washington's punishment for the crime double, as the sentences would run consecutively, instead of at the same time.

On appeal, Washington's Maryland DUI attorney argued that it was unfair to punish each charge as separate incidents. The Maryland Court of Appeals agreed, using the "rule of lenity" as justification. Under Maryland State Law, "The policy behind the rule is that the Court will not interpret a... criminal statute so as to increase the penalty that it places on an individual, when such an interpretation can be based on no more than a guess as to what (legislature) intended." As there was no available evidence showing that the Maryland General Assembly intended to punish offenders twice in same instance, it was decided that the rule of lenity applied in Washington's case. Therefore, as a result of his Maryland DUI charges, he will serve approximately two years in prison instead of five--cutting his prison sentence in half.

Facing charges of driving while intoxicated is a difficult enough, let alone to be wrongfully considered a "repeat offender." Seeking legal counsel can help provide answers to the questions that an accused individual will undoubtedly have regarding their case. Conviction of a Maryland DUI will have life-changing consequences, including the loss of driving privileges, fines, and/or jail time. For the best legal advice and legal representation, it is essential to contact a hard-working Maryland DUI lawyer immediately.

Every day, Maryland DUI lawyers represent individuals who have been stopped because police officers suspected that they were driving while intoxicated. Police officers will ask the suspected drunk driver to submit to a number of sobriety tests. If the individual refuses to take the breathalyzer test, the police have a difficult decision--do they charge that person with only refusing a breathalyzer test, or do they give them a driving while intoxicated charge as well? Law enforcement officers around the country have debated this for many years. It is current policy that in the situation, the person would receive both charges.

Some avoided this protocol for while before agreeing to it. Automatically giving a double charge when suspecting a motorist of driving while intoxicated, would hinder the officer from handling the situation objectively. Police officers need to seriously analyze the situation and weigh in all evidence before making a charge. While the decision to also administer a DUI charge is ultimately up to the officer, state police departments encourage the double charge.

Over Thanksgiving weekend, police officers nationwide arrested many people for refusing to submit to a breathalyzer test--and had prime opportunity to employ the newly enforced double charge. Included in the group of those arrested is veteran federal prosecutor Gerard B. Sullivan. However, there was just one crucial difference--he was the only one who avoided a DUI charge as well. Two motorists told officers that he appeared "out of it" at a green light and proceeded to swerve continuously and hit curbs. When police caught up with Sullivan, he admitted to driving drunk and was taken to the station. Even though he was the only one that escaped a DUI charge, his job is in serious jeopardy as a result.

Facing criminal charges of driving while intoxicated is an overwhelming and scary process. Conviction of drunk driving will have life altering consequences including the loss of job and driving privileges, fines, and/or jail time. For the best protection of your personal freedoms and liberties, it is important to contact a hard-working and experienced Maryland DUI attorney or Maryland criminal lawyer immediately.

Practicing law in a metropolitan area, it is common for a Maryland DUI lawyer to represent famous individuals on charges of drunk driving. Examples of cases handled are much like the incident involving reality t.v. star Shayne Lamas, who was arrested for driving while under the influence of alcohol. The Bachelor and Leave it to Lamas star was out on the town with friends, when she willingly drove through a mandatory check-point on her way home. According to her testimony, she believed that she would pass the breathalyzer test. However, when the breathalyzer test indicated that Lamas was over the state legal limit, she was immediately arrested for driving while intoxicated. After a quick night in the drunk tank, Lamas was released the next morning.

Although Lamas was due in court for her misdemeanor driving while intoxicated charges on December 9th, the reality t.v.star decided to take matters into her own hands. Two days before her court appearance, Lamas pled guilty to a lesser charge of "wet reckless" driving instead of a more serious driving while intoxicated charge. "Wet reckless" driving can replace driving under the influence charges when there is a non-injury incident.

However, this is the only break she is likely to receive. Insurance companies treat "wet reckless" driving the same as driving under the influence, and it still counts on a person's record as a DUI if he/she is convicted of another DUI within ten years of the incident. The judge sentenced Lamas to three years of probation and to undergo alcohol education and complete a county run and organized program. This a similar sentence to what many other celebrities have received for their driving while intoxicated charges, including Khloe Kardashian and Lindsay Lohan. Lastly, Lamas was fined $300 for her DUI charges.

Being accused of driving while intoxicated charges is a difficult and scary process for anyone to go through, regardless of celebrity status. Conviction of a DUI will have numerous severe consequences including the loss of driving privileges, fines, and/or jail time. Therefore, it is vital to contact a hard-working Maryland DUI attorney, who will give you the best legal advice and legal representation possible for your case.

Practicing law in a metropolitan area, it is common for a Maryland DUI lawyer to represent a number of celebrity clients who have been accused of driving while intoxicated charges. Cases handled are much like that of reality T.V. star Stephanie Pratt from 'The Hills', who was arrested after police suspected that she was driving under the influence of alcohol.

Pratt, along with the other stars of 'The Hills', was celebrating cast member Holly Montag's twenty-sixth birthday at a downtown hot spot, Empire. After celebrating for several hours, the group decided to relocate. At the end of the night, everyone took their own cars home, including Pratt.Shortly after she drove away, police pulled Pratt over for erratic driving, with suspicions that she had been driving while intoxicated. Pratt took two separate breathalyzer tests--one reading 0.8 and the other 0.9. Although the legal limit is 0.8, the police still arrested Pratt and took her to county jail. She was released the next day on $5,000 bail. By October 28th, Pratt officially received misdemeanor drunk driving charges. If convicted, she faces up to six months in jail and $1,000 fine.

Pratt's drunk driving arrest shows how seriously law enforcement officials treat driving under the influence. Even though the reality star was right on the legal limit to drive, she was still booked on driving while intoxicated charges.

Facing driving while intoxicated charges is an overwhelming process for anyone to go through, regardless of celebrity status. Conviction of a DUI can be life changing and result in the loss of driving privileges, fines, and/or jail time. To prevent your personal liberties and freedoms from being compromised, it is essential to contact an experienced and hard-working Maryland DUI attorney immediately.