Following a Maryland DUI Arrest
When a driver is stopped by police, they are observing the person’s behavior. Based on the totality of circumstances to the vehicle, the person, the fields, the officer will make the decision of whether to take the person back to a station or barrack to do a breath test and possibly an arrest.
At this time, the individual could have been taken from one location to a station or barrack where they may receive a DR-15 form of advice of rights. Once read through, the individual can choose to sign it and take the breath score or they can choose to sign it and refuse. Generally, after the person’s arrest, they are taken back to a local station or barrack. If you would like to better understand the process following a Maryland DUI arrest, speak with an experienced criminal attorney about your case.
Deciding to Take a Breath Test
The person is advised of their rights following a Maryland DUI arrest. The person can choose to take or not take the breath test. If the person chooses to take the breath test, they will take the person to one of the rooms with the ECIR II or the Intoximeter machine is and they will submit to a breath test. The person blows into the machine; it takes two breaths from the person to check for scores. The person will get the benefit of the lower score but they also have to be within a reasonably close score range for it to be presumed to be reliable. If not, the machine will know and will ask the person to give a third.
If the person does not give enough breath, if the person holds back on it, it will mark insufficient breath and that is treated as a refusal and, again, the person can also refuse. If the person does refuse and they give a breath score where the person is 0.08 or higher, that is a DUI per se and even a 0.07 and 0.06, they can still cite the person, again, with a driving while impaired. Most officers will cite the person for all these tickets and they will give the person tickets with relation to the driving under the influence or driving while impaired.
Likelihood of Additional Charges and Arrests
A number of officers will also give someone a negligent driving and reckless driving ticket. Usually, it is if the person was speeding, if the person ran a stop sign, ran a red light, changed lanes without signaling, the person was swerving all over the road. They are going to write the person a ticket with relation to some part of their probable cause, their reason to stop the person.
Most of the time after that, the person is released as a sober driver. Sometimes, these troopers or local officers will drive the person home but they do also give the person an advisory that the person could not drive a vehicle for the next 12 hours, and that is quite literal. Once the person signs that, “For the next 12 hours, do not get caught behind the wheel of a car.” If a person is a Maryland licensed driver, their license will be taken from them. It may be critical to speak with an attorney about how charges can impact their lives following a Maryland DUI arrest.
Understanding the Purpose of a DR-15A Form
Following a Maryland DUI arrest, an individual may be given a DR-15A form that gives information about the ignition interlock system and the hearing requests. Generally, ten days or less is recommended in terms of a response so a person will want to talk to an attorney quite quickly. If the person is not from the state, they will still issue the person these forms that they cannot take the person’s license, and that is even more important for the person to talk to an attorney especially since there could be adverse effects to what the ability to drive in the State of Maryland may be.
Contact a Lawyer Following a DUI Arrest in Maryland
When a person is arrested for any type of DUI, they should consult a skilled DUI lawyer. There are many different factors to consider following a Maryland DUI arrest and an attorney could assist an accused person as they begin formulating a comprehensive defense.