Blog: DUI/DWI

Officer who did not see women driving truck had reasonable grounds to believe she was driving, court rules

Feb 3, 2020

An administrative law judge and a Carroll County circuit court made a mistake when they ruled that a law enforcement officer did not have reasonable grounds to believe that a vehicle’s occupant was driving while impaired (DWI) or attempting to drive under the influence (DUI) when she was sitting in the driver’s seat, smelled of alcohol and failed to stop at a stop sign, Maryland’s top court recently ruled. After two officers from the...

As holiday season starts up, so do Maryland driving while impaired accidents

Dec 11, 2019

As the holiday season starts up, it’s easy for drivers to find themselves in a position where they are drinking and driving. According to the National Highway and Safety Administration, drunk driving accidents increase during the holiday season. Starting on Thanksgiving until New Year’s Day, there are more alcohol-related accidents than at any time of year. Nationally, over the past five years, 300 people on average died in drunk driving crashes the week between Christmas...

Police Officers Don’t Have to Specify the Type of Blood Alcohol Test When Drivers are Suspected of a DUI/DWI, Court says

Jan 19, 2019

While a Maryland driver can refuse to take a sobriety test to determine if there is any alcohol or drugs in his/her system, there are consequences. The first time that a driver refuses to take a drug or alcohol concentration test in Maryland, the driver’s license will be suspended for 270 days. Of course, if there has been an accident that results in the death or a life-threatening injury to another person, then a Maryland...

Maryland Driver Was Fully Advised of His Rights When Arrested for Drunk Driving, Court Says

Dec 14, 2018

Maryland’s top court has held that a Maryland driver was fully advised of the sanctions imposed upon him after he refused to take a breath test when he was suspected of drunk driving. “We hold that the DR-15 fully advises motorists of the length of time the ignition interlock is required in the event of test refusal or when a motorist has an alcohol concentration of .15 or higher,” the Court of Appeals said...

Drivers Can Refuse DUI/DWI Breath Test If Properly Advised of Sanctions, Court Says

May 24, 2018

If you’re suspected of driving while impaired or under the influence of alcohol in Maryland, you’re supposed to be advised of your right to refuse the breath test for blood alcohol and the sanctions that can be imposed for refusing the test. If police officers fail to provide you of your rights and the things that can happen for refusing, the charge or conviction can be thrown out. Maryland law provides that any person...

What Happens During Maryland Field Sobriety Tests For DUIs and DWIs?

Oct 17, 2017

A Maryland police officer typically performs a three-part, physical field sobriety test after a traffic stop where there is suspicion that the motorist may be drunk or otherwise impaired. Three Types of Sobriety Tests The three physical tests are typically used to determine if a Maryland vehicle operator is driving while impaired. The tests are the horizontal gaze nystagmus, the walk-and-turn and the one-leg stand test. Police officers know they have to...

Can I Refuse to Take a Field Sobriety Test or a Portable Breath Test?

Oct 10, 2017

If you are stopped by a police officer while driving and are suspected to be under the influence, you might be asked to submit to a field sobriety test and to other tests that will determine the amount of alcohol in your bloodstream. The officer will observe how you handle the physical tests. Generally, the field sobriety tests involves the officer asking you to perform certain physical feats. For example, in a “walk and...

Facing a DWI Charge in Maryland?

Oct 2, 2017

Maryland takes impaired driving seriously. In fact, in October 2016, Maryland made There are two basic drunk driving charges in Maryland – DUI and DWI. This blog post focuses on Maryland DWI penalties. A previous blog post discussed Maryland DUI penalties. DWI stands for “driving while impaired.” A DWI can be charged when a driver’s blood alcohol is measured at .04% to .07%. Charging a DWI at the lower end of the...

Maryland lawmakers discuss tougher drunk driving laws

Mar 13, 2017

Maryland officials are considering tougher penalties for driving under the influence. A Montgomery County police captain recently testified at a state committee hearing, offering support for a bill that would make certain DUI arrests a felony for repeat offenders. The captain expressed frustration for the number of repeat DUI offenders he sees on the state’s roads and highways. In one instance, a repeat drunk driver hit his cruiser. Notably, although 46 other states...