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The police did not read me my rights – will my case be dismissed?
Police are required to read you your “Miranda Rights” only if two requirements are met. You must first be in police custody and you must be interrogated (questioned) about the crime. If the police violated your rights, your statement could be suppressed and may not be admissible against you in a trial.
The police said I blew a .07%. Why was I arrested and charged with DUI?
An arrest for DUI can be made at any blood level. The decision to arrest is influenced by your performance of the field sobriety tests and the driving pattern you may have exhibited prior to the arrest. An officer can arrest you for simply being under the influence of alcohol or drugs without any reference to your blood alcohol level.
Why do I have to go to the MVA if I am charged with DUI?
The MVA (Motor Vehicle Administration) controls your privileges to drive. The District Court of Maryland decides questions of guilt or innocence. If you are charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) you must request a hearing within 10 days of your arrest to avoid an automatic suspension of your driving privileges.
Why am I being charged with DUI if I did not drink but only smoked some marijuana?
DUI includes drugs as well as alcohol.
How can I win an MVA hearing if my test results were over .08%?
The MVA determines whether the police followed proper procedures in seizing your driving permit. This analysis can include whether police properly completed the paperwork they issued you at the time of your arrest.
Shouldn’t I just plead guilty if my test results were .08%?
Absolutely not. The police may have committed many errors in the arrest process. These errors may include flaws in the testing process, violation of your constitutional rights, and even police fabrication.
Should I refuse to take the chemical test?
In most cases no. Your refusal to take the test could result in the automatic suspension of your driving privileges for 180 days after a first offense. Your refusal can also result in other penalties at the MVA and in court.
What will happen on my first court date and do I have to be there if I have a lawyer?
You need to be present at all court dates unless you are excused from attending by the Court. If your first court date is called an “Attorney or Preliminary Inquiry” date, then you can often avoid having to appear if your attorney files papers with the Court advising that you have retained an attorney.
What is an ignition interlock device?
An ignition interlock device is a small gadget that is attached to your ignition system in your car. If you have been charged with a DUI the state may require its installation. To start your vehicle you must blow into it. If your blood-alcohol content is over .02, your vehicle will not start. While driving, you must also blow into it every few minutes to prove that there is still alcohol is in your system. Known as a “rolling” or “running test”, this keeps a buddy from blowing into the device to enable the impaired driver to get behind the wheel and drive. If the device registers sufficient alcohol levels, the engine will shut off for longer and longer periods of time between tests.
Does an ignition interlock device really reduce drunk driving?
Studies have shown that reduction is between 40 and 95 percent for offenders to be charged again.
Who orders the installation of an ignition interlock device?
This device may be ordered by the court or the motor vehicle administration. Individuals may opt to have it installed to possibly lower their impending sentence. They may also be required to choose between keeping the device in the vehicle for a year or face an extended license suspension.
Will medicine with an alcohol base or mouthwash trigger the device?
Because it is built to register any level of alcohol the ignition will shut off if the level amounts to 2% or more. If you are having the ignition interlock device installed, you are warned about this beforehand. Since these would be very low levels of alcohol, it would be best to ensure you take them long before you need to drive.
Please note that these answers should not be construed as legal advice in all situations. You should speak with an attorney before making any decisions about your legal matter. These answers are intended only to provide general information.