How to beat a DUI or DWI in Maryland?

How to Beat a DUI in Maryland

Every so often I am asked by clients: How do I beat a DUI/DWI in Maryland?  Well, there is no beating a DUI or DWI in Maryland.  It is merely a matter of what kind of penalty do you want to face.  There are two parts to a DUI/DWI case: the MVA consequences (ie, loss of license, suspended license) and the criminal proceedings.

You will want to hire a DUI/DWI attorney to handle your case, don't try to represent yourself.

When a police officer observes a vehicle and driver that he believes is driving under the influence (DUI) or driving while impaired (DWI), that officer has to have reasonable articulable suspicion ("RAS") to conduct a traffic stop.  RAS is a Court created term that means the officers can reasonably articulate what traffic violation is being committed to warrant a traffic stop.  For example, if the officer observes the vehicle swerving, speeding, or committing one of the thousands of traffic violations in the State of Maryland, he has the RAS to conduct a traffic stop.  Once an officer observes a traffic violation, then he has the right to conduct a traffic stop, even if the driving action does not indicate that the person is under the influence or impaired.

Now that the police officer has conducted a traffic stop, the only requirement for a Maryland driver is to provide license, registration, and insurance information. You don't have to answer any questions or perform any tests.  What the police officer is looking for is evidence in the form of your actions to put into the police report.  This is some evidence that you cannot avoid, odor of alcohol, glassy eyes, or condition of your clothing.  But even a driver who fumbles with his documents can be used as evidence.  Now remember, the officer can also use your driving style or the manner is which you were driving the vehicle as evidence as well. When that officer goes to Court, the State's Attorney has to have enough evidence to prove beyond a reasonable doubt that your were driving under the influence or impaired, so the more the officer observes, the more the State has to prove their case.

Thus, if a driver provides less evidence to the officer, then the State will have a harder time proving their case.   So, you don't have to answer any questions or perform any tests, and if you know you are under the influence or impaired, you can surrender to the officer and politely state that you do not wish to take any tests or answer any questions.  What will happen next is the officer will arrest you and transport you to the precinct for further investigation and you will probably a day or night in jail.

Once at the police station, you will be asked to sign a form DR-15.  This advises drivers arrested under the suspicion of DUI or DWI the MVA consequences of not taking any tests.  If your refuse the blood or breath tests, then one less piece of evidence the State will have.

Now on to the MVa consequences, if you refuse to take the tests, your license is going to be suspended.  For a first time refusal, you will receive a suspension for 120 days.

Therefore, if you have provided little evidence to the State, you may have the ability to challenge the DUI/DWI charges in Court and not face Court probation, fines, or costs, or even jail.  But, you will suffer the MVA consequences of  a suspension of your license.

If you have been arrested for a DUI or DWI in Maryland, contact our office at 410.288.2900 to discuss your options.