Maryland DUI Lawyers Blog

Maryland DUI lawyers often see cases with unusual circumstances. People have been arrested for DUI offenses while riding bicycles and driving lawnmowers as well as engaging in sexual intercourse while operating a vehicle. One ironic Maryland DUI case involved a repeat DUI offender who was involved in a collision with the same judge who only eleven years ago had suspended his sentence for a DUI conviction. Rene Fernandez, 45, was recently sentenced to 18 months in Montgomery County Jail for his role in the accident.

In 1998, Fernandez appeared before two Montgomery County judges on separate DUI charges. In the first case, the judge sentenced him to probation before judgment, which is not treated as a conviction. In the second case, Judge Edwin Collier sentenced Fernandez to 60 days in jail but suspended the sentence. Fernandez had gone eleven years without a DUI arrest before the 2009 collision with Judge Collier. In that incident, Fernandez was driving with a BAC nearly twice the legal limit when his vehicle swerved into oncoming traffic and struck Collier's car, seriously injuring both the judge and his wife.

As a result of the accident, Fernandez pled guilty to one count of causing a life-threatening injury while intoxicated. A Montgomery County Circuit Court judge sentenced Fernandez to the maximum of three years' imprisonment, but suspended half of the sentence. According to his Montgomery County DUI lawyer, Fernandez is an alcoholic who no longer drinks and is committed to staying sober. At the time of his arrest, Fernandez was a permanent U.S. resident; therefore, his conviction could make him eligible for deportation.
This case of a repeat DUI offender who struck the exact same judge who once granted him clemency on a similar conviction is only one of the unusual cases a Montgomery County DUI Attorney may see in his or her career. No matter how ordinary or how bizarre, every case has its own unique circumstances that must be evaluated when defending DUI charges.

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.

Maryland DUI lawyers are no strangers to tales of bizarre incidents, and the recent case of a man police alleged to be drunk, high, and having sex while driving is no exception. The Maryland man plead guilty to DUI charges resulting from an accident last year that seriously injured his girlfriend. According to police, William Michael Watson, Jr., 25, was driving under the influence of alcohol and marijuana while having sex with his girlfriend when he crashed his truck last September.

Watson pleaded guilty to DUI and aggravated assault by vehicle while driving under the influence in the accident that severed his girlfriend's foot, caused her leg to be amputated below the knee, and left her with serious neck injuries. The guilty plea came as part of a plea agreement, an arrangement between a Maryland DUI attorney and the prosecution to ensure the best possible outcome to the case. Watson's plea agreement allowed for the dismissal of other charges against him, including speeding and driving without a license and insurance.

According to charging documents, Watson lost control of his pickup on a rainy night, striking an embankment and causing the truck to flip. A passerby came upon the scene and called police, noting that the girlfriend was pinned beneath the truck and naked from the waist down. The witness reported that Watson was crawling out of a window of the truck with his pants "around his ankles." Watson's girlfriend told police that prior to the crash, he had been drinking beer "one right after another." Watson admitted to police that he had also smoked marijuana prior to the accident, and that he and his girlfriend had been having sex "for a while" before crashing.

While not every DUI arrest involves so many elements that could lead to an accident, most Maryland DUI lawyers have seen their share of strange cases. In this particular case, any number of things could have caused the wreck: rain, speed, DUI, or sex while driving.

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.

Throughout the career of a metropolitan criminal defense attorney, it is likely that professional athletes will be among the clients represented in cases of driving while intoxicated. Undoubtedly, an experienced Maryland DUI lawyer would handle cases similar to the NFL defensive end Bobby McCray who was arrested for driving while intoxicated, as well as other counts. An officer clocked the football player, 28, as exceeding the speed limit around 4:30 in the morning on December 29th, 2009.

McCray was booked into the county jail on drunk driving charges, careless operation of a motor vehicle, speeding, and not having proper registration on him. While he did not resist arrest, he did refuse to take a breathalyzer test. Although McCray had the right to do so, it does come with negative consequences. Refusing to submit to an alcohol test can result of the loss of driving privileges and driver's license suspension. In many states, driving drunk and refusing a breathalyzer test automatically suspends that person's license for a year.

McCray has responded back to the driving while intoxicated charges on his personal Twitter page, alleging that he was "DWP... driving with pizza." The professional athlete maintains that the charges are "bogus," and that he was simply asking the officer why he had to step out of the car during a routine traffic stop. "...he pulled me over for doing 80 in a 60... not to mention I was sober..." McCray wrote.

Facing DUI charges is a scary and difficult process for anyone, regardless of celebrity status or fame. As seen by the McCray case, conviction of driving while intoxicated can carry negative consequences, including loss of driving privileges and jail time. To prevent this from happening, it is important to contact a hard-working Maryland DUI attorney or Maryland criminal lawyer for representation.

Practicing in a metropolitan area, it is likely that a Maryland DUI lawyer will represent collegiate athletes against criminal charges of drunk driving. Cases handled are much like the two instances last month of NCAA football players have received driving while intoxicated charges. Sophomore fullback John Douglas, and special teams junior Jason King were both arrested and charged with a DUI.

Douglas, 20, was arrested shortly before 1 a.m. on December 5th and taken to the county jail. King, 21, received his DUI on December 19th. He spent approximately fifteen hours in the county detention center before being released that evening on bail. Neither young man had any previous convictions, nor did they resist arrest. The trial date for King will be on February 18th, 2010, while Douglas will have his day in court on March 11th.

Both boys had significant playing time, making appearances in at least ten games this season. Douglas and King were both candidates to fill the role of academically ineligible player Eric Smith at half back. However, according to head coach Gene Chizik, the boys have been suspended from the team due to their DUIs. Additionally, neither will be playing with their team in the Outback Bowl this year. Douglas, King, and Smith are not the only players who will not take part--freshman quarterback Tyrik Rollison will also miss due to suspension.

In many states across the country, all first time DUI offenders receive a ninety day drivers license suspension. Additional punishments can include serving time in the county jail for up to a year, and paying a maximum of $2,100 fine.

Handling a DUI charge can be a stressful and difficult process. Conviction of DUI charges will have life changing consequences including the loss of driving privileges, fines, and/or jail time. For the best legal defense, it is important to contact an aggressive and hard-working Maryland DUI attorney as soon as possible for representation.

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.