FREQUENTLY ASKED QUESTIONS Q. What should I tell the police office if I'm stopped for suspicion of drunk driving? A.Most people don't realize they do not have to admit to anything. The police office will probably ask you if you've been drinking, how much you've had to drink, where you were going, etc. Always be courteous and cooperative, but you are not required (nor should you) answer any of these questions. Politely inform the officer that you decline to answer any questions until you've consulted your attorney. Q. Do I have to submit to the Field Sobriety Test? A.You are not required to take the field sobriety test and there is no penalty if you decline. If you do decline you can still be arrested, but later on this may aid in your defense, as the prosecutor will not have the results of the test to use against you. Q. Do I have to submit to the Breathalyzer Test? A.Refusing to submit to a breathalyzer test can result in an automatic 90-day or 120-day suspension of your license, and can be admitted in court as evidence of your guilt.BUT, you have the right to consult counselbefore making a decision about taking the breathalyzer test. The police officer must allow you to call your attorney from your cell phone unless it would cause an unreasonable delay. ALSO, you actually have the right to change your mind after initially telling the police officer "yes" or "no" about taking the test; again, as long as it does not unreasonably delay the administering of the test. If you do refuse the Breathalyzer test, you may have to install an interlock device in your car for one year in order to be able to retain your license. Q. I smoked a little pot, but I didn't drink. Why am I being charged with DUI? A.DUI is defined as "Driving Under the Influence" of alcohol OR drugs. You could be arrested for DUI if you are suspected of being high, or stoned, and believed to be chemically impaired while operating a motor vehicle. Q. I didn't give the officer permission to search my vehicle, but they did. Were my rights violated? A.If the police officer can prove substantial reason to suspect that your vehicle contained an illegal substance or evidence of a crime, then he/she is considered to have probable cause to search your automobile. Q. Can I get off if the officer didn't read me my Miranda Rights? A.Not likely. When you are first stopped you have not yet been arrested. Also, Maryland is an Implied Consent state and not having been read your rights does not normally affect a DUI/DWI case. Although if after you are arrested you are not read your rights, your response to questions may be able to be suppressed in court. Q. Why was my Driver's License taken away before I was proven guilty? A.Again, because Maryland is an Implied Consent state and driving is considered a privilege and not a right, your license is taken away because the police officer has determined you are a threat to the public. A temporary license is issued (valid for 45 days). It is your responsibility to request a hearing with the Maryland MVA and you have only 10 days from the date of your arrest to request a hearing or your license will be automatically suspended. Your attorney will represent you at the MVA hearing and will attempt to persuade the judge to reinstate your license while you await your trial. Q. Should I pay my tickets and fines before I go to court? A.Do not pay your tickets and fines before you go to court. Paying your ticket is the same as admitting your guilt, whereas with the proper representation from a qualified DUI attorney representing you in court, you may not be found guilty, your fines may be greatly reduced, or the ticket may be dropped. Q. How is the MVA suspension for my DUI arrest different from the suspension following my conviction in criminal court? A.The MVA suspension is an administrative action taken against your driving privilege only. The suspension or revocation following a conviction in court is a mandatory action for which jail, fine, or other criminal penalty can be imposed. Q. Will I be charged to speak to a lawyer about my DUI case? A.Your initial consultation with Richard Miller is FREE. He is available 24/7 by cell 410-746-2271 and is happy to meet with you to discuss your concerns and evaluate your case. Serving clients throughout Maryland including:Anne Arundel County, Baltimore County, Baltimore City, Carroll County, Cecil County, Frederick County, Harford County, Howard County, Montgomery County, Prince George's County, and surrounding areas. Any other questions? For your FREE consultationcontact Mr. Miller today at (cell) 410-746-2271, (office) 410-358-5600or visit website:http://www.baltimoreduidwi.com.
...read more