What is the Horizontal Gaze Nystagmus test? It sounds like something off an eye-doctor’s chart, but the HGN is fairly simple. Otherwise known as the Penlight Test, it’s one of three Field Sobriety Tests police use in addition to the breathalyzer. Nystagmus means “involuntary jerking” and is a common result of intoxication. If you’ve been Read More
Maryland DUI Law: A Word On The Breath Test
How does the breathalyzer work? The breathalyzer is the best known method police use to determine intoxication and the one police trust the most. Unlike the other field sobriety tests, the breathalyzer provides an actual number to guide police in their investigation. This number is known as the BAC or Blood Alcohol Count. By blowing Read More
Can I Confer With My Attorney Before Taking A Breath Test?
So you’ve been pulled over in Maryland and the officer suspects that you have been drinking and driving. You don’t know what to do. You wish you could call a Maryland DUI attorney and ask for their advice. Can you? Go ahead and do it…. Maryland recognizes a “14th Amendment” due process right to confer Read More
I Have Been Arrested For a Maryland DUI, But I Am Under 21. Will I Go To Jail?
If you have been arrested for a Maryland DUI or DWI, and you are under the age of 21, jail time is not inevitable. The facts of the case, the judge, the prosecutor, your record, and the jurisdiction and county the case will be heard in, all play a role in determining your sentence (if Read More
FAQ: I Failed The Breath Test, How Can A Lawyer Help?
If you’ve recently been charged in Maryland and are facing a DUI/DWI charge, don’t give up (even if there was high breath result!). In Maryland, just because you “failed” the breath test or blew a very high result, does not mean that all is lost. Having a Maryland drunk driving or dui attorney properly analyze Read More
Why a Negligent Driving Charge Isn’t As Bad As It Sounds
If you’ve been charged with negligent driving in Maryland, don’t panic. Its a very common charge and isn’t as bad as it sounds. According to the Maryland traffic code, “A person is guilty of negligent driving if he drives a motor vehicle in a careless and imprudent manner that endangers any property or the life Read More
Maryland Provisional Driver’s License: Convictions
Maryland traffic citatons are treated differently with regards to a Maryland provisional license. In Maryland, if you have a provisional driver’s license and receive a PBJ (probation before judgment), the Maryland MVA will consider that a conviction. If you have a “full” driver’s license, however, a PBJ is not considered a conviction for purposes of Read More
In Maryland, what is DUI per se?
In Maryland, DUI per se simply means that the Defendant was given a breathalyzer test and had a B.A.C. (blood alcohol content) of .08 or above. Unless the accuracy of the reading is sucessfully challenged, a judge or jury could convict a Defendant solely on the basis of that reading. Therefore, even if the Defendant Read More
In Maryland, what’s the difference between DUI and DWI?
In Maryland, the crime of “drunk driving” is distinguished by the level of impairment. DWI means “driving while impaired.” The maximum penalty is sixty days in jail (and 8 points). DUI means “driving under the influence.” The maximum penalty for a DUI is one year in jail (and 12 points). Obviously, DUI is the more Read More
Will my Maryland probation be violated for a minor traffic offense?
In Maryland, one of the standard conditions of probation require that you incur no “serious” motor vehicle offenses. This is a fancy way of saying “don’t get convicted of any traffic offenses that carry jail time.” Therefore, a speeding ticket, seat belt violation, stop sign violation, etc. is not likely to violate a probation in Read More