Anne Arundel Police Out In Force This Week to Catch Drunk Drivers

With the approach of the St. Patrick's Day holiday, the Anne Arunel County Police will be out in force looking to catch drivers they suspect of drunk driving.

A sobriety checkpoint will be conducted along Fort Smallwood Road in Pasadena and will support the “Checkpoint Strikeforce” effort in which local police are cooperating with the federal government. Additional police resources will be engaged in stepped up enforcement throughout the county especially in areas with a concentration of bars and restaurants.

It is vital that as you enjoy the St. Patrick's Day holiday you are aware that the police are looking to arrest people for drunk driving. It takes much less than most people realize to have an elevated blood alcohol level and the authorities can and have prosecuted drivers with blood alcohol levels below even .08 if they believe them to be impaired.

Be careful and be safe. If you find yourself caught up in this dragnet call me immediately 410-541-6DUI (384). You can also get more information by emailing info@annearundeldui.com  

The Most Important Thing to Do After You Have Been Arrested for Drunk Driving

Earlier in this blog I discussed some issues involved during a drunk driving arrest.  But now let me talk about what you need to do after you have been arrested.

So it is the next day.  You may need to get your car out of impound and you have a legal mess facing you.  Of course, the very first thing you should do is contact an attorney and begin the process of dealing with the charges you face.

You can contact me at anytime by calling 410-541-6DUI (384) or emailing info@annearundeldui.com 

In Maryland, drunk driving charges have two separate tracks, a criminal track, where you can face jail time or probation, and an administrative track, where your privilege to drive is at risk.

If you are a Maryland driver you should receive, as part of the many documents given to you by law enforcement, a temporary license and a request for hearing form. It is critical that you complete this request form and return it to the Maryland Office of Administrative Hearings along with a check for $125 made payable to the "Maryland State Treasurer".

Under Maryland law, your privilege to drive will be automatically suspended on the 46th day after your arrest unless you request a hearing within 10 days of your arrest.  So completing this request is the most important thing you need to do after being arrested on drunk driving charges. With a timely request, you can continue to drive normally until the date of your hearing.

You may request a hearing up to 30 days after your arrest. However, if your request is made more than 10 days after your arrest your license will still be automatically suspended on the 46th day after your arrest.

You do want to have a hearing.  At a hearing, you can challenge the evidence against you and possibly convince the hearing judge to take "no action" against your license.  Even if you fail to do this, you can have the suspension modified in order to allow you to drive, under certain conditions. More on that in another post. If you do nothing, your license will be suspended automatically.

Another point on the request.  Send your request, with your check in some form that can be tracked and that you confirm it has been received (such as certified mail, FedEx, UPS).  While your request may be sent by regular mail if it is not received the Office of Administrative Hearings will take the position that you never sent it (I have had clients where this has happened and you do not want to have it happen to you.)

So, the first thing you do after getting arrest and contacting an attorney is to properly request a hearing.

The Fifth Amendment Still Exists Even When You Get Pulled Over for DUI

One issue I consistently see in my DUI practice is clients who just do not know their rights when they are pulled over.  Most people who are arrested for drunk driving have never committed a crime or been arrested and are otherwise law-abiding citizens with little or no contact with the police or the criminal justice system.

As such, when an officer pulls them over and asks them "Have you been drinking?" they dutifully answer the question.  Often, they say they had "a couple of beers" or a "couple of drinks".  I have seen similar statements in practically every police report I have read as part of DUI arrest.  Sometimes the statement is true and sometimes the driver is trying to downplay his alcohol consumption.

In every case, this statement was used against the driver to prove they consumed alcohol before they operated a motor vehicle.  It was also used to justify the officer's decision to arrest the driver and give them a formal breathalyzer test.

Even though no officer will ever say it, and will argue they are not required to, you do not have to answer their question "Have you been drinking?"  The Fifth Amendment still exists.

I recommend that a driver politely say "Respectfully, officer, on the advice of counsel I refuse to answer that question."  Some think that saying this will increase the chances they will be arrested but I disagree.

Admitting to drinking, even a "couple of beers" absolutely will increase your chances of being arrested, however, and make the job of convicting you of DUI much easier.

So please remember that an officer cannot force you to testify against yourself even if you are driving a car.

Now, this is different from whether the take the breathalyzer test, which I will discuss in more detail in another post.  The MVA will take administrative action against you if you refuse to take this test and the officer must advise you of this before you make any decision.  At this point, you have the right to consult an attorney and you should attempt to do so.  You can call our office anytime 410-541-6DUI (6384).

I Have Been Arrested for Drunk Driving Now What

If you or someone you know has been arrested for drunk driving or driving under the influence you need to contact experienced counsel immediately.  Drunk Driving is a serious offense and can lead to not only the loss of your ability to drive but jail time and a permanent criminal record. 

With experienced counsel and immediate action you can avoid these outcomes in many instances but you must act immediately!

I have been representing individuals charged with drunk driving and related offenses for almost fifteen years and I am standing by to help you.

You can contact me by sending an email at info@annearundeldui.com or call me at 410-541-6DUI (384).