What Every Driver Should Know About DUI Laws

Did you know? It’s quite possible for you to be stopped and arrested for a DUI even if you have a lot less than 0.08 blood alcohol content in your system? It is also possible for you to be charged with a DUI even if the only thing you’ve consumed is legal prescription drugs.

In fact, if you end up consuming a small amount of alcohol and combine it with a very small amount of either legal or illegal medication or narcotics, that can also lead to a charge, prosecution, and conviction of a DUI.

As public defenders and lawyers we know just what it takes to get through a DUI case as well as approach a situation where you’ve been stopped for a DUI, questioned by an authority, and feel apprehension regarding what will happen next.

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1. The >0.08 BAC Argument

Is having a blood alcohol content greater than 0.08 BAC the only way to get charged with a DUI? Not at all! That’s only one way the government can try to convict you.

The other way is proving that, as a result of alcohol consumption or as an effect of any other drug, you were impaired to the point that you were no longer able to drive your vehicle with the care equivalent to that of a sober driver.

In fact, you can be convicted even if no one saw you moving your vehicle. The government would, in that case, try to prove that your vehicle was running through circumstantial evidence and assess you for signs of intoxication.

2. The Driving Pattern

Poor driving patterns are one of the main reasons you may initially fall under the radar. Any police officer driving nearby might notice a driver violating traffic laws, swerving in and out of lanes, and driving above or below the speed limit, and quickly move in to reprimand you.

This is the primary activity that alerts a police officer and makes them pull you over, for a simple traffic violation. If they end up detecting evidence of any other crime, such as a DUI, they can further investigate you for that offense.

3. Your Demeanor

After the traffic officer has stopped you, they begin judging your behavior. They will start by assessing whether you look intoxicated. This is quite apparent if you reek of alcohol, have slurred speed, red eyes, or an inability to follow orders.

If the officer suspects you’re under the influence of alcohol or any other drug they start by observing the dilation or constriction of your pupils. If they ask you to get out of the car, they may observe how steady you are on your feet. These along with other signs can indicate intoxication.

4. Information Gathering

The police officer might proceed to gather information. It is important that you do not divulge any unnecessary information. If the officer suspects a DUI, they may ask you whether you have been drinking, what you’ve been drinking, when you last had a drink, whether you’ve slept, and if you are taking any prescription medication.

Remember, you aren’t legally obliged to answer, and no answer is much better than a false answer.

5. The Field Sobriety and Preliminary Alcohol Screening (PAS)

Ah, it is what we all dread! However, it doesn’t need to be as hard!

In fact, you aren’t legally required to participate in a field sobriety test or even a preliminary alcohol screening (PAS) test. So, if you feel particularly nervous about it, simply refuse. They may seem like simple DUI tools, and might look straightforward to you if you are not under the influence, but there have been instances where completely sober drivers have failed a sobriety test.

More often than not, police officers are observed to rush through these tests, which makes results unreliable. The tests are subjective and even experienced officers often misinterpret them.

To Wrap it Up

When you are arrested for DUI, you face not just a criminal charge but also an administrative action by the DMV. This focuses on your driving license. If you end up refusing a required chemical test, you can face a one-year suspension of your driving license.

However, you also have 10 days after your arrest to request for a DMV hearing which helps you avoid the suspension until after the hearing. During this time, you can gather evidence, contact a lawyer, and build a strong defense.

If you are under 21, a commercial driver, or have a previous DUI, you might be facing stricter consequences. We recommend you reach out to the best, experienced Maryland DUI attorneys to form a solid defense before your hearing!