MARYLAND BREATH TEST REFUSAL ATTORNEYS

Deciding whether or not to submit for a breath test is a decision that each person needs to take for him or herself. Failure to submit to the test will carry a 12-month license suspension, compared to the three-month suspension a first-time offender.

The rule of thumb among many Denver breath test refusal lawyers is that defendants should refuse unless they are a first-time offender convinced that they will test below .20, the threshold for enhanced penalties. These marginal offenders are the only ones who could be subjected to harsher penalties for refusing to test than they would be found guilty of DUI.

Colorado Express Consent

The express consent of law presumes you have agreed to submit to a blood alcohol level if you are driving.

You have the right to avoid incriminating yourself and may refuse the test.

However, the Department of Motor Vehicles may suspend your license for refusing the test — which is in and of itself a violation of driving laws – even if you are not convicted of DUI.

Breathalyzer Refusal Lawyers

Whether or not you took a breath test, we will review your case and work to defend you against a drunken driving charge in Maryland or the surrounding area.

Those who test above .20 already face a 12-month suspension, as do those who have a previous DUI conviction. In such cases, a motorist faces no additional penalty for refusing to take the test and refusing will deny the state one of the key pieces of evidence it uses to prove your guilt.

There are many avenues for an experienced Denver drunk driving defense attorney to challenge the results: The experience and training of the tester, maintenance of the machine, and time elapsed between arrest and testing are just a few of the factors that can be used to challenge BAC results.

Requesting a blood test is another option. Maryland expressed consent law permits a motorist to choose between breathalyzer and blood testing. However, blood testing is frequently not available. And the failure of an agency to provide you with the testing method of your choosing (or the lapsed time in providing a blood test) may render the results inadmissible in court.

DWI defense lawyer/ Drunk Driving

Driving While Intoxicated – DWI (sometimes also called driving under the influence (DUI *) is a very serious charge If you fail a breath test (puffing) when the police stop you, and your case is not handled properly. That could result in lifelong consequences.

They have stopped you for driving under the influence of alcohol (DWI / drunk driving)? Contact DWI defense attorney in our Baltimore office and make an appointment. Do not give up your right to be legally represented.

A DWI conviction can have serious consequences in your life.

  • A conviction for DWI is reflected in your criminal record and driving record.
  • Your driver’s license will be suspended for a certain period of time.
  • You could go to jail.
  • You must pay fines.
  • You may have to install a device to blow in vehicle which you must pay.
  • You will be required to participate in intervention programs and possibly other treatments.
  • Your auto insurance will increase for several years.
  • Moreover, it might be difficult to obtain life insurance with a DWI conviction.

You can be arrested for DWI in motorized lawn mower or parking lot, as well as while operating a vehicle or boat.

DWI laws in Maryland are complex, and the outcome of your case will depend on the specific facts relating to the arrest. For more information and answers to questions like “When you should refuse to blow?” and “When I will have my driver’s license?” see the following information:

  • FAQ DWI / DUI
  • License revoked / suspended: What is your status as a driver after a conviction for DWI?
  • I need a lawyer for a traffic matter.
  • Operating a boat while intoxicated.
  • FAQ transit.

Cost of a defense attorney for a DUI

Referring only to the cost of a DUI defense attorney, it depends on a number of criteria.

  • The first criteria are the state in which the accused was arrested, sometimes even the jurisdiction premises.
  • Is detention for a misdemeanor or a felony? It should be obvious that a serious offense will be more expensive.
  • Is this a first offense? He is the accused on probation for another DUI or other crimes? If the answer is “yes”, the cost will be higher.
  • The lawyer’s experience in the local jurisdiction where the arrest was made ​​and where will conduct the hearing and judgment may cost more.
  • Will the defendant pleads guilty or innocent? “Not guilty” will certainly be more expensive. If the chosen lawyer needs to use an investigator to review the interviews or relevant facts of the case from the police, this will add to the fiscal cost. For a statement of “guilty”, most lawyers put their cost of $ 250 to $ 500 if no circumstances mitigating, this being a very, very simple case. This does not include any penalties, fees, fines and anything else that may be launched in the state jurisdiction. These additional costs can be another $ 1000 to $ 3000, once again, by state and jurisdiction. For a request of “not guilty”, the initial cost of a lawyer is $ 3000 to $ 10,000, but higher starting limit is closer to $ 5,000. This is a cost basis for the declaration of “not guilty” in the audience, and likely subsequent trial. This, by itself, is not very surprising. What is rather surprising is the potential total cost after all is said and done.

Several interested and affected groups have done studies on the overall cost of a DUI with various approaches and scenarios that may be relevant. In general, the cost of a DUI arrest for the first time going to a jury trial and results in a conviction, and has no damage or injury, or other extenuating circumstances, except number of detected alcohol, ranges from $ 9,000 to $ 13,000. This is what the defendant is now condemned to pay. The range depends on the state and, in some cases, jurisdictions involved. Add to this the jail time, if it is not given probation. This could mean the loss of wages or job loss. What is the cost of that event? The loss of the license itself means loss of jobs for many people.

To summarize the potential costs, we assume that the defendant is pleading “not guilty” and wants a jury trial:

  • Attorney fees $ 3,000 $ 5,000, but can be as high as $ 10,000.
  • Investigator cost $ 1,000 $ 3,000.
  • Everything else … $ 5,000 $ 5,000 rough estimate.

Consequence for driving while intoxicated or drugged

Driving while intoxicated is a crime that affects the lives of those who have been arrested and families of those involved.

Each year, approximately 10,000 people die in car crashes where alcohol or drugs were the factors causing them. The disappointing thing is that this type of crime is one of the few that can be avoided. People can choose not to drive while intoxicated. Either a minor or adult person can be arrested for driving in the state.

A minor can be arrested for driving under the influence of alcohol if any index of alcohol is detected in his or her system. The consequences for a minor to commit this crime can have the following penalties or a combination of any of the following:

  • Fine up to $ 2,000.00
  • Between 20 to 60 hours of community service
  • License Suspension (60 days to 2 years)

Importantly, the Texas Penal Code dictates that it is forbidden to operate or be in control of a vehicle while under the effect of alcohol or drugs. A person who has lost his mental and physical faculties due to consumption of alcohol or drugs will be arrested for driving while intoxicated. State law dictates that a person is legally intoxicated when the level of alcohol concentration in the body exceeds 0.08.

The following are penalties or sentences to be applied to adults arrested for this offense: 

First Offense

  • A fine up to $ 2,000.00
  • Between 72 hours to 6 months in jail
  • Suspension of license (90-180 days)

Second Offense

  • A fine up to $ 4,000.00
  • Up to one year in prison
  • Suspension of license (1-2 years old)

Third offense

  • A fine up to $ 10,000.00
  • Between 2-10 years in prison
  • Suspension of license (1-2 years old)
  • Provide blood sample (required)

A person can be arrested for physical assault while under the effect of poisoning, if it causes an accident where any result/s, person/s is/are seriously injured. The person conducting in aviation, automotive, and water transport under the influence and cause accidents resulting in serious injury, may be arrested for this crime.

The penalties that can be applied are: 

Physical aggression under the effect of poisoning

  • A fine up to $ 10,000.00
  • Provide blood sample (required)
  • Between 2 (minimum) to 10 (maximum) years in jail (required)
  • License Suspension (1-2 years old)

Anyone who drives a car under the influence of intoxication and causing a car accident that causes death could be arrested for manslaughter. The following are the penalties that can be applied:

  • Fine up to $ 10,000.00
  • Provide blood sample (required)
  • Between 2 (minimum) to 20 (maximum) years in jail (required)
  • License Suspension (1-2 years old)

Anyone who drives a car under the influence and carrying a passenger less than 15 years can be arrested. This crime is classified as a felony (State Jail Felony).

It is important to inform the community that is also illegal to drive any kind of water transport under the influence of intoxication. The police officer may ask the driver to provide a breath or blood sample to determine whether the person exceeded the levels of intoxication.

In car accidents where people are seriously injured or killed, the official force the driver to provide a breath or blood sample to determine the level of alcohol concentration in the body.

Any person operating an automobile and water transport under the influence of alcohol or drugs and causes accidents with the following results as:

  • Death or fatal injuries from the accident
  • Serious injury
  • Injured people have been transported to the hospital or medical facility for treatment
  • The crime for which the police officer is arresting the person is under Section 49.045 of the Texas Penal Code.

During the arrest, the officer receives information from people who witnessed the accident:

  • If the arrested person has been previously convicted or under community supervision of any crime involving driving while intoxicated on.
  • When the person has been arrested more times, and has been previously convicted or under community supervision for crimes related to driving while drunk on. Importantly, the breath or blood samples are sent to be analyzed; however, they do not determine guilt and is only presumptive evidence.
  • It is important to educate the community about the consequences that may result because of driving under the influence of alcohol, drugs, or a combination of these. Thousands of people die every year in car accidents for driving under the influence of alcohol and drugs, and many more are seriously injured.

Individuals and families of those arrested people are affected emotionally and financially after an arrest for this crime. Additionally, the victims and families of those killed or seriously injured in such accident suffer emotional trauma the rest of their lives.