Maryland DUI Defense Lawyer

DUI charges can have serious consequences, but even repeat offenders have legal rights. If you are facing DUI charges, you should contact an experienced DUI/DWI and criminal defense attorney today. Your freedom is at risk.

E-mail or call the Law Offices of Frank E. Turney, P.A., in Baltimore for a free consultation. We know how to protect and defend your rights and your freedom.

Contact Us.

Law Offices of Frank E. Turney, P.A.
920 Frederick Road
Baltimore, MD 21228
Map and Directions
410-788-8830 phone
410-744-0932 fax

Each US state has its own set of drunk-driving laws, but there are certain concepts and features common to most states' drunk-driving jurisprudence. Basically, as we all know, it is illegal and a crime for a person to operate a motor vehicle after consuming alcohol and/or drugs to a degree that impairs his or her safe driving ability and judgment. Both criminal and civil penalties for drunk driving can be harsh and often include:

• Loss or suspension of license
• Large fines
• Substance-abuse treatment
• Jail or prison time
• Community service
• Restitution
• Criminal record
• Restrictive probationary license programs, including ignition interlock devices and Cinderella licenses

In addition, the social stigma and effect on your career may have lifelong negative consequences.

If you have been stopped for, arrested for or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal-defense attorney. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant's experience and in the outcome of his or her case.

Terminology and Elements of the Crime of Drunk Driving

The criminal offense of drunk driving goes by a variety of names among the states, including:

• Driving under the influence (DUI)
• Driving while intoxicated (DWI)
• Operating under the influence (OUI)
• Operating while intoxicated (OWI)
• Driving under the influence of intoxicants (DUII)
• Driving while under the influence (DWUI)

In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.

Driving Requirement

The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually "driving" in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant's pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances.

Vehicle Requirement

Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state.

Intoxication

One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer®. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated.

Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her drivers license may be revoked or suspended.

BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your breath sample tubes. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the case entirely.

Other types of evidence used by prosecuting attorneys to show intoxication include drivers' statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.

Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:

• Finger-to-nose test
• One-legged stand
• Walk-and-turn test
• Horizontal-gaze-nystagmus test
• Picking up coins
• Counting backwards
• Reciting the alphabet
• Throwing and/or catching a ball

Conclusion

Driving is the basis of the American lifestyle, permeating every activity we do. We rely on driving to get to work, to socialize, to run errands and to vacation. Licensed drivers transport children, people with disabilities and senior citizens to important appointments and activities. A drunk-driving conviction can bring a screeching halt to your life. If you face a potential problem with drunk driving, a criminal defense lawyer can fight for you and help protect your interests and those of your family and loved ones.

Copyright ©2007 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Call us now

or use the form below.

More than 1.4 million drivers in the U.S. were arrested for driving under the influence of alcohol or illegal drugs in 2001. Law enforcement officers nationwide are stepping up their enforcement of the drunk driving laws, largely in response to public outcry and the influence of lobbying groups such as Mothers Against Drunk Driving (MADD). If you find yourself caught up in this crackdown, you need an attorney with experience defending drunk driving cases to look out for your interests and to help you get the best results possible.

Most states have lowered the maximum amount of alcohol that may legally be in an adult driver's system (called the blood alcohol level, or BAC), from .10 percent to .08 percent. More than a dozen states have so-called "zero tolerance" laws for drivers under 21. Those laws prohibit young drivers from having any measurable quantity of alcohol in their system. The lower blood alcohol levels mean that your chances of being arrested and prosecuted if you drink and drive have become even greater. A complicated set of legal challenges awaits you if you are arrested for drunk driving. You need a skilled and experienced drunk driving defense attorney.

The penalties for drinking and driving have gotten more severe in recent years, particularly for those convicted of repeat offenses. A number of state legislatures have enacted laws that call for mandatory jail time for repeat offenders. In some states, prosecutors are not allowed to plea bargain in drunk driving cases. The fines imposed are higher now than in the past, and the time drivers' licenses are suspended has been increased. It has also become more difficult to obtain a "hardship" license that allows a person to drive to and from work. Now more than ever, you need an experienced drunk driving defense attorney to work with you to help you get the best outcome possible in your case.

At first, it may seem that the worst, most frightening part of a drunk driving charge is the possible jail time and monetary fine. But fines and jail time are not the only things to worry about. A drunk driving charge has a "ripple effect," and will affect many areas of your life for some time to come. In most drunk driving cases, the driver will have to give up his or her license at least temporarily. Not having a driver's license will often make it harder to find or keep a job, which makes it that much harder to provide for yourself and your family. In some cases, a person who is convicted of drunk driving will be required to forfeit his or her motor vehicles. You will also find it much more difficult, and far more expensive, to maintain even the minimum insurance required by law. Contact an experienced DUI lawyer today to help reduce or avoid these consequences.

Drunk Driving/DUI Resource Links

About.com: Alcoholism and Substance Abuse
Links to articles and resources about drunk driving.

Impaired Driving Division - National Highway Traffic Safety Administration
NHTSA's Impaired Driving Division provides information and resources on drunk driving from a legal and social viewpoint and with a goal of prevention.

Insurance Institute for Highway Safety
Link to informational chart about the drunk-driving laws of all 50 states plus the District of Columbia.

Center for Disease Control (CDC) - Impaired Driving
Facts, data, publications and other helpful information involving impaired drivers.

The Century Council
A not-for-profit organization dedicated to fighting drunk driving and underage drinking.