FAQS about DUI in Baltimore

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FAQ

DUI (The Basics)

In order to be convicted of DUI in Baltimore, it must be shown that you were driving or in actual physical control of a moving vehicle. The burden is on the State to show that the officer had a reasonable, articulable suspicion for stopping or approaching the vehicle. If you were stopped at a roadblock, the prosecutor must show that the roadblock was set up in accordance with the Fourth Amendment to the U.S. Constitution. These issues are somewhat complex. Attorneys who only handle the occasional DUI will not be aware of the latest cases that affect your rights.

The next stop in a DUI case is the officer’s roadside determination that there is probable cause to arrest you for DUI in Baltimore. The State must show that it is likely that you were a less safe driver as a result of drinking alcohol. Many cases involve the use of field sobriety tests. These tests can help an officer make up his mind about whether you should be arrested OR bolster his previously formed opinion that you are DUI.

After you are arrested, the officer MUST read at the time of arrest the correct Implied Consent warnings. These warnings must be read in substantial compliance with the statute.

There are three different warnings, and the officer must read the correct warning. This warning gives you the option of either taking a State test (or tests) or refusing the test. The officer chooses the test. The officer also must advise you that you have the right to an independent chemical test of your own choosing. Occasionally an officer will not read the Implied Consent warning at the time of arrest or refuses a request for an independent test. This may be grounds for the exclusion of the State test. You do not have the right to have an attorney present at this point in time.

In most DUI’s the final part of the case is the State administered test or lack of a test. If a test is given, the State must prove that the test was done properly and on a machine that was working properly.

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