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The Law Office of Ronald L. Schwartz
4907 Niagara Rd.
Suite 103
College Park, MD 20740
Phone: 301-474-2300
Fax: 301-474-6607
To Email Me Click Here
For most people, a DUI arrest can be their first and only experience with the criminal justice system. A person confronted with a DUI arrest faces several difficult choices from the time of the stop onward. A checklist of these choices follow:
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If possible, do not admit to the police that you had anything to drink. If asked directly, either avoid answering the question, or, if possible, say something like, "With all due respect, I'd rather not answer that question."
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Be cooperative with the police. Do not talk back or respond in anger, even if you believe that the police are being belligerent or confrontational.
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If arrested in Maryland (other than on federal property, or the B-W Parkway), you will be asked if you want to take a breathalyzer test. The police are supposed to read you a long list of your rights to either take or not take a test, and the consequences that flow from each choice. In DC, or if arrested on federal property or the Baltimore-Washington Parkway, taking the test is mandatory, and it is a separate offense to refuse the test. Generally, if it is your first offense, and there is not a motor vehicle accident involving serious injury to a party, it is best to take the test. In Maryland, if you take the test, and the converted blood alcohol content is .08 or more, the police will take your license and issue a temporary license. If you take the test, then even if you are later suspended, you may be eligible to continue driving for employment or educational purposes. If you refuse the test, the police will also take your license and issue a temporary license. This temporary license is valid for 45 days, after which the temporary license expires and an automatic suspension goes into effect-45 days for taking the test (1st offense), or 120 days for refusing the test (1st offense). The suspension periods are longer for 2nd or subsequent offenses. You are not eligible for a license allowing you to drive for educational or employment purposes if you refuse the test.
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If the test was refused, or you took the test and had a blood alcohol content of .08 or more, and your regular license was confiscated, you have only 10 days to request a hearing to contest the automatic suspension before an administrative law judge. You must mail in the hearing request with a $125 fee. If the hearing request is postmarked within 10 days of the offense, you will be able to continue driving until the hearing, where important defenses can be raised on your behalf. If you wait longer than 10 days, the suspension will go into effect before the hearing is held.
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Apart from the hearing before the Administrative Law Judge to determine if your license will be suspended, you will have a hearing in Court. You can be fined, jailed, or placed on probation. Most first offenders are eligible for a program, in Maryland, that prevents the conviction from being placed on their driving record.
DUI Defense Attorney Schwartz is skilled in raising defenses to a drunk driving charge, both at the MVA hearing before the administrative law judge, and in court. These DUI defenses include challenging the basis for the stop, the evidence that the police will attempt to introduce against you, and presenting evidence that you were not driving under the influence, as alleged. Even if you take the breath test, it is possible that such evidence will not be admitted in evidence against you.
Finally, an alcohol evaluation be a certified counselor can be instrumental in mitigating any sentence that the Court may impose. For some people, a DUI arrest may indicate a larger problem with alcohol abuse that requires education and treatment.
Attorney Schwartz has over twenty years experience in dealing with DUI charges. Additionally, Mr. Schwartz is experience is dealing with hit and run cases, driving while suspended, driving uninsured, and offenses arising out of traffic accidents.
Call 301-474-2300 for a free consultation, or respond by filling out the form on this web page.Proudly Serving College Park Maryland, Washington D.C. and the surrounding areas of Montgomery and Prince George's County, including New Carrollton, Silver Spring, Takoma Park, Greenbelt and Rockville.
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