It seems every few years a new start-up or university releases a new device to curb drunk driving. The fervor to find a "silver bullet" to address DUIs is understandable; thousands of people are killed every year by a public health problem that could be solved with a...
Can you be charged with a DUI for past conduct?
Imagine this scenario; you were out drinking with your friends last night. It was a boozy night, but you were responsible and took a taxi home. Now you are heading out early in the morning to work, and you get pulled over. Theoretically, some alcohol could still be...
Supreme Court rules on warrant-less breath tests
The Supreme Court heard a trio of cases involving a refusal to submit to a breathalyzer examination. The breathalyzer is a device that police have suspects blow into to measure their blood-alcohol content. The higher the BAC, the drunker the person is. If the...
Do you have to submit to a breath test in Maryland?
It may sound counter-intuitive that the police can arrest you for a crime for refusing to waive your Fourth Amendment right against unreasonable searches and seizures but an exception has been carved out for DUI stops and investigations. Based on these exceptions,...
What happens if your license is administratively suspended?
Several states have passed laws that allow the police to administratively suspend people's drivers' licenses. This means that a police officer can pull you over and begin levying punishments before there has been any investigation, trial or conviction. Administrative...
What happens if you refuse a breathalyzer test?
Contrary to popular belief, you can refuse to take a breathalyzer test. But, this does come with some severe consequences depending on which state you are stopped in. Over 20 percent of drivers pulled over for suspicion of drunk driving refuse the breathalyzer. This...
Understanding the serious consequences of breath test refusal
In the state of Maryland, the authorities take all crimes seriously. This serious view of the law includes offenses related to driving under the influence and driving while intoxicated. It is for this reason that serious consequences accompany a breath test...
How will Supreme Court breath test decision compare to Maryland?
If you have ever been pulled over and investigated for drunk driving, you might know the feeling of wishing you understood exactly what your legal rights are regarding the investigation. For example, what can or should you say when an officer asks you to complete a...
Should I refuse a breath test? P. 4
We’ve already pointed out in previous posts that whether or not it is wise to submit to a breath test during a DUI investigation in Maryland depends on the specific factors at play in each case. Oftentimes, it is difficult for a motorist to determine for sure whether...
Should I refuse a breath test? P. 3
We’ve been looking at the question of whether or not it is wise to refuse submitting to a breath test. Readers who have been following these posts may have noticed that we have not given a hard and fast answer. Rather, we’ve explained the consequences of a refusal and...