FAQs

If you really did do well on the field tests, this may be a defense at trial. In many cases, people misunderstand the directions or do not know what the officer is looking for. The field tests most commonly administered by officers are approved by the National Highway Traffic Safety Administration (NHTSA) for the investigation of drunk driving cases.

On the follow the penlight with the eyes test, the officer is looking for an involuntary jerking of the eyes. You cannot feel this.

On the one leg stand test, the officer is looking for putting the foot down before 30-1000, hopping, swaying, and raising the arms more than six inches.

On the walk and turn test, the officer is looking to see whether the person started before the instructions were complete, was unable to stand with one foot in front of the other while being instructed, failed to touch heel to toe on every step, failed to stay on the line, stopped walking, raised arms more than 6 inches, took the wrong number of steps, or turned improperly.

In Maryland, there are three possible results for a refusal to take the chemical test:

1. Your driver's license will be suspended for 120 days for a first offense and one year for a subsequent offense.
2. Instead of a license suspension, you may be allowed to drive if you install and maintain an interlock device on your car for at least one year.
3. If you have a legal defense the result can in some cases be "no action."

Additionally, the Maryland Motor Vehicle Administration (MVA), maintains two driving records on all drivers, a semi-private complete driving record, and a private probation before judgment (PBJ) record. When a person refuses the test, all entries go on the complete driving record and may be picked up by insurance companies.

All entries relating to a first offense of submitting to the test go on the PBJ record and will not be picked up by any insurance company. The penalty for submitting to the test in Maryland and recording a test result of .08 and less than .15 is 45 days for a first offense and 90 days for a subsequent offense. On a first offense of .08 or more but less than .15, typically the person gets a work restricted license for 45 days. Additionally, the test result may constitute persuasive evidence of guilt at the court proceeding. The penalty for a test result of .15 or more is 90 days for a first offense and 180 days for a subsequent offense, but the person is not eligible for a work permit, only for a one year interlock.

On a first offense, it is probably better to submit to the test, since the 45 day work permit is a lesser penalty, the insurance company cannot find out about it, and the result in court as a first offender will not be overly harsh. On the other hand, if the person is a third or fourth offender or more, they may be better off refusing the test.

The law on this varies from state to state. In Maryland, there is a right, if the person requests it, to consult with an attorney to decide whether to take or refuse the breath test for alcohol, so long as it does not interfere with or unreasonably delay the testing process. The test must be taken within two hours of apprehension.

However, this right does not necessarily exist on federal property in Maryland which is under the jurisdiction of the National Park Service and patrolled by the United States Park Police. Those areas are under the jurisdiction of the federal courts, and under the National Park Service Regulations a refusal is a crime punishable by up to 6 months in jail and a $5000 fine.

Unless you already know who you are going to hire, you should meet with a couple of lawyers, and should receive satisfactory answers to at least the following questions:

Are you going to take my case to trial, or do you intend to plead me guilty?

Does the fee include all the Motor Vehicle Administration (MVA) hearings, or is that a separate fee?

What kind of result can I expect and can you guarantee it?

What is the total fee? Are you willing to put me on a payment plan so I can afford your services? Are there any hidden costs? What are they?

A lawyer should present you with a written retainer agreement and should never guarantee you a result. Check the credentials of the lawyer you are considering. Is he experienced in drunk driving matters or is he just doing it because you are an old client of his firm? Does the lawyer have experience trying drunk driving cases or is he or she "a pleader"? Did he attend the continuing legal education seminar on drunk driving or did he teach it? If the lawyer says he or she does not handle MVA hearings because it will not affect the result there, you should seek a different lawyer.

When you finish meeting with the lawyer, you should feel confident in his or her ability to obtain the best possible result for you.

This often depends on the reputation and experience of the lawyer and by the geographic location. Some lawyers tend to charge low fees and handle a high volume of cases. Although the cost is low, many of them do not invest much time in the defense of those cases. Other lawyers charge more, often depending on the skill level, and are willing to appear in court and at administrative hearings as many times as is necessary to obtain the best possible result.

There is a large range in fees. Fees in drunk driving cases can range from $300 to as much as $10,000 or more. The fee may also vary by such other factors as the complexity of the case, whether expert witnesses will be needed, whether the client is a first or subsequent offender, and whether the lawyer will have to travel extensively to appear at the hearings. An experienced lawyer with a good reputation may charge as much as $6000 for a first offense. Often the lawyer will request a minimum payment of $3000 as an engagement fee, and ask the client to agree, in writing, to pay the balance in monthly installments of $250. A flat fee such as this covers all of the Motor Vehicle Administration hearings and all court appearances, including taking the case to trial in front of a judge or jury. If a lawyer tells you he will try to get you the best possible result for $300 you should get a second opinion.

Yes. There are many defenses to drunk driving. There is an DUI Defense Outline and MVA Hearing Outline on this website. Attorney Leonard R. Stamm has written a book called Maryland DUI Law, which is published by the West legal publishing company.

The best course of action is to consult an experienced drunk driving lawyer. There is plenty of information on the internet, but much of it relates to other states. You can also go to a law library (at courthouses and law schools) and research DUI law. Most of the circuit court law libraries in Maryland maintain an up to date collection of course materials given in continuing legal education classes at the Maryland Institute for Continuing Education of Lawyers (MICPEL). (MICPEL is now out of business but the Maryland State Bar Association (MSBA) has taken over many of the classes.) These materials can also be purchased from the MSBA website.

Greenbelt lawyer Leonard R. Stamm gives free legal consultations for cases in Maryland. The best way to arrange the consultation is to call 301-345-0122 at your earliest convenience or send an email to lstamm@lstamm.com, or koconnell@lstamm.com.