Getting arrested for driving under the influence (DUI) is a daunting and stressful experience. The process can be confusing and overwhelming, especially if you’re not familiar with the legal system. If you find yourself in this situation in Baltimore, Maryland, it’s essential to understand the DUI arrest process and the requirements you may face. This step-by-step guide will help you navigate the process and shed light on what you can expect.
- Initial Traffic Stop:
The DUI arrest process typically begins with a traffic stop by law enforcement officers. They may have pulled you over for various reasons, such as erratic driving, speeding, or running a red light. During this initial stop, the officer will look for signs of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol on your breath.
- Field Sobriety Tests:
If the officer suspects you’re under the influence, they may ask you to perform field sobriety tests. These tests are designed to assess your coordination, balance, and cognitive abilities. Common field sobriety tests include the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test. Keep in mind that you have the right to refuse these tests, although doing so may have legal consequences, such as a suspended driver’s license.
- Preliminary Breath Test (PBT):
After the field sobriety tests, the officer may request that you take a preliminary breath test (PBT). This is a portable breathalyzer device used to measure your blood alcohol concentration (BAC) at the scene. Refusing a PBT can also lead to administrative penalties.
- Arrest and Transport:
If the officer believes there’s sufficient evidence to arrest you for DUI, they will place you under arrest. You’ll then be transported to the police station or a local law enforcement facility for further processing. At this point, your vehicle may be impounded.
- Chemical Breath Test or Blood Test:
After arriving at the police station, you may be asked to take a chemical breath test, which is typically administered using a more accurate and reliable breathalyzer machine. In some cases, if a breath test cannot be administered or if there are suspicions of drug impairment, a blood test may be requested. Maryland has an “implied consent” law, which means that by driving in the state, you have impliedly consented to submit to chemical tests when suspected of DUI. Refusing these tests can result in an automatic license suspension.
- Booking and Processing:
Once at the police station, you’ll go through the booking and processing phase. This involves recording your personal information, taking your fingerprints, and documenting the details of your arrest. You may also be placed in a holding cell until you can be released or appear before a judge.
- Initial Appearance and Bail Hearing:
You’ll have an initial appearance before a judge or commissioner. At this stage, the judge will decide whether to release you on bail, set bail conditions, or require you to remain in custody until your trial. Having legal representation at this point can be crucial in securing your release or favorable bail terms.
- Criminal Charges:
You will be formally charged with DUI and any other related offenses, such as reckless driving or drug possession if applicable. It’s essential to understand the specific charges against you and their potential consequences.
- MVA Administrative Hearings:
In addition to the criminal process, Maryland has an administrative process through the Motor Vehicle Administration (MVA). When you’re arrested for DUI, your driver’s license may be suspended, even before a conviction. You have the right to request an MVA administrative hearing to challenge the suspension. This is a critical step to protect your driving privileges.
- Discovery and Evidence Gathering:
Your attorney will begin the process of gathering evidence and requesting discovery from the prosecution. This includes obtaining police reports, dashcam footage, witness statements, and any other relevant evidence that may be used in your defense.
- Negotiations and Pre-Trial Motions:
Your attorney may engage in negotiations with the prosecution to seek a favorable plea bargain or dismissal of charges. Additionally, they may file pre-trial motions to challenge the admissibility of certain evidence or raise legal issues that could benefit your case.
- Trial or Resolution:
If negotiations do not result in a favorable outcome, your case may proceed to trial. At trial, both the prosecution and defense will present their arguments and evidence. A judge or jury will then determine your guilt or innocence. Alternatively, your case may be resolved through a plea agreement.
- Sentencing:
If you are found guilty or enter a plea, you will face sentencing. The penalties for a DUI conviction in Maryland can include fines, probation, mandatory alcohol education programs, community service, and even jail time, depending on the circumstances of your case and any prior convictions.
- Post-Conviction Options:
After a DUI conviction, you may have post-conviction options, such as appealing the verdict or seeking a modification of your sentence. It’s crucial to consult with an experienced attorney to explore these avenues if applicable.
- DUI Consequences:
Aside from the legal process, a DUI conviction can have various consequences, including increased insurance premiums, a tarnished criminal record, and difficulty obtaining or maintaining employment. Understanding these consequences is essential for planning your future.
- Ignition Interlock Device (IID):
In many DUI cases, especially for repeat offenders or those with particularly high BAC levels, Maryland law may require the installation of an Ignition Interlock Device (IID) in your vehicle. This device measures your BAC before allowing your car to start. The IID is designed to prevent individuals from driving under the influence again during their probation period.
- Probation and Monitoring:
If you’re convicted of a DUI, you may be placed on probation as part of your sentence. This probation period typically includes conditions such as attending alcohol education programs, staying alcohol-free, and reporting to a probation officer regularly. Violating the terms of probation can lead to additional penalties.
- Alcohol Education Programs:
Maryland often mandates DUI offenders to complete alcohol education programs, which can range from weekend classes to more extended programs. These programs aim to educate individuals about the risks of alcohol abuse and provide strategies for avoiding future DUI incidents.
- Impact on Your Driving Record:
A DUI conviction can have a lasting impact on your driving record. It can result in the accumulation of points on your record, which can lead to increased insurance premiums and, in some cases, even the suspension or revocation of your driver’s license.
- Employment and Background Checks:
A DUI conviction can show up on background checks, potentially affecting your employment prospects. Some employers may have policies against hiring individuals with certain criminal records, including DUIs. It’s essential to be prepared for how a DUI conviction may impact your career and take steps to mitigate any negative consequences.
The DUI arrest process in Baltimore, Maryland, involves several critical steps, from the initial traffic stop to the potential trial and sentencing. It’s important to remember that you have legal rights throughout this process, and seeking the assistance of an experienced DUI defense attorney, such as Alpert Schreyer, LLC, is crucial to protect those rights and mount a strong defense. Facing a DUI charge is a serious matter, and having the right legal representation can make a significant difference in the outcome of your case.