Some states have a different name for the offense of operating a vehicle under the influence of drugs or alcohol but, in most cases, the differences come down to simple semantics. However, a few states, including Maryland, have charges with different penalties and meanings. DUI is the more serious of the two charges in the state, and anyone caught driving with a BAC of .08 or higher can be arrested. If someone is stopped on suspicion of DUI, the following are a few things they should know.
There’s Implied Consent to Sobriety Testing
Maryland, like many other states, has an implied consent law. When a person gets their driver’s license, they agree to consent to chemical testing of their breath, urine, or blood. These tests are usually done at police stations, and an officer’s request indicates there’s probable cause to make an arrest. Officers may ask a driver to submit to field sobriety tests, but a DUI attorney in Salisbury, MD may argue that the law doesn’t apply to these tests. They allege that even a sober driver can make a mistake and look impaired because they’re taking an unfamiliar test in a tense situation.
Refusing Chemical Tests
Many DUI lawyers agree that refusing to undergo a chemical test doesn’t do much to help a client’s case. Courts in the state of Maryland take the driver’s refusal as an indication of guilt. Another reason to accept the test is the state’s aforementioned implied consent law, which requires that the driver’s license be suspended and their car impounded.
Every DUI Stop Is Recorded
In criminal cases, video provides the best evidence. A DUI attorney in Salisbury, MD will advise a client that the stop is being recorded, as is the chemical test done at the police station. These videos can prove to be very important because if a driver is slightly under the legal limit, the evidence can still suggest impairment and lead to a conviction. Attorneys say that drivers should be polite and courteous while providing proof of registration and insurance, but they don’t have to consent to a vehicle search. However, they should get out of the vehicle if asked to do so.
As shown, drivers have a few things to consider when they’re facing DUI charges in the state of Maryland. If a potential client has any questions or concerns, they can visit Domain or call the office to schedule a consultation.
