Annapolis DUI Arrest Process
The majority of arrests done in the Annapolis area are done by the local police or the Maryland state police. After an arrest, an individual is taken through a lengthy legal process that is often difficult to understand. If you have been arrested for a DUI in Annapolis, it is imperative that you contact an experienced attorney immediately. A seasoned attorney can assist in effectively guiding you through the Annapolis DUI arrest process to ensure your rights are protected.
After an Arrest
When an arrest is done by the Maryland state police for an Annapolis DUI, they will take the person to the barrack where they are stationed, or to the closest barrack available. Local police officers will take the person to a local station. This occurs because after being arrested, law enforcement must take an individual to the station within two hours to submit to a breath test on the Intox EC/IR II machine.
The breathalyzer test must be done under the statutory condition of two hours. It cannot exceed that threshold otherwise, it is inadmissible. At that point in time, the officer advises the person of their rights to submit or refuse. They will issue citations and give a general standard probable cause. When necessary, the officer can bring the person to a local commissioner. Most often, the person is taken to the barrack or local station to take the breath test.
Central booking is the location where anyone who is arrested for an Annapolis DUI is immediately brought to and processed. This follows all of the issuances of citations, breath tests, blood tests, and the like. If someone is brought in front a commissioner and cannot bond out they are taken over for the evening before they are brought before a judge.
The penalties for an Annapolis DUI are up to a judge. Maryland does not do mandatory minimum penalties for DUIs. When someone has a prior that is more than 10 years ago, they are eligible for consideration for a second probation. When the prior is less than five years, the enhanced penalties can hit in different ways depending on the case or whether it is a DUI or a DWI.
The penalty is purely at the discretion of the judge in district court. They can give a person anything from probation or no time to the maximum time. The maximum penalty for a DUI is one year in jail and a $1,000 fine. If someone has a prior conviction, the penalty could be two or three years depending on the number of priors.
Locating an Arrest Record
Arrest records are public records. Most of the information regarding the alleged matters, open or closed, can be found in the Maryland judiciary case search. The Maryland judiciary case search is very accessible in comparison to other states.
An individual can search for a public arrest record by inputting the individual’s last name and first name into the database. When someone has the person’s date of birth or knows the location of the incident, they can check to see if the person being considered for a job has any type of traffic, civil, or criminal record in Maryland. Mug shots, however, are not available to the public in Annapolis.
Handling the Record
When someone has an arrest record, the more important things to deal with are the charges, the case, and whether the case was stored in any way. When searching the database, an individual can see whether a person is eligible for an expungement. Expungement effectively limits the records and can be granted when a person’s court case is acquitted.
Their court records are destroyed completely and can no longer be found online. Expungement is more relevant for an adult because an expungement is in the district court where someone appears in court. In Annapolis, a person files a request for an expungement at the Annapolis District Court. The person requesting an expungement must file in the proper court. An individual may also have the option to seal their records. However, the sealing of records is generally something used for juveniles.
Once an individual’s record is published on the internet, it is usually difficult to remove. However, an expungement of the core record in the district court, district attorney’s office, Maryland state police, or local Annapolis police, destroys the records of an individual’s Annapolis DUI. Those records, for the purposes of the holders, are removed.