Who’s Responsible if I Am Bitten by a Dog?
Anyone pulled over on a quiet stretch of road or a crowded highway knows how quickly the situation can shift, because what begins as a simple traffic stop can escalate into a DUI investigation that feels overwhelming before you even realize what is happening. People often describe the moment as surreal, which makes sense, since most drivers never expect to find themselves trying to remember their rights or wondering what an officer is legally permitted to do during a roadside encounter. Our DUI lawyers understand how stressful these situations can be, and we’re here to help. Contact the seasoned Prince George’s County criminal defense lawyer from Miller Berman for a free consultation today.
Many people assume DUI and DWI are interchangeable terms, but Maryland treats the two offenses differently. A DUI is the more serious of the two, and it typically involves an allegation that the driver’s blood alcohol concentration reached 0.08% or higher. The law treats this as a per se violation, meaning the reading alone is enough for the state to prosecute, though other evidence is usually introduced as well. A DUI can also be charged even without a chemical result if the officer believes the driver is significantly impaired by alcohol or drugs to the point that they cannot safely operate the vehicle.
A DWI, on the other hand, is considered a lesser charge, though it can still bring criminal penalties, license consequences, and long-term problems. Police may pursue a DWI if a driver’s BAC registers between 0.04% and 0.07%, or if the officer forms a belief that the person is impaired to some degree but not enough to justify a full DUI charge.
Traffic stops occur for a variety of reasons, and DUI cases usually begin with relatively minor driving behavior. Some of the most common triggers include speeding, drifting onto the shoulder, rolling through a stop sign, failing to maintain a lane, or driving with a broken taillight.
Officers rarely announce that they suspect impairment during the initial interaction, because they often spend the first few moments trying to observe the driver’s demeanor, speech, and reactions. Once the officer believes further investigation may be justified, the driver may be asked to exit the vehicle and complete a set of standardized field sobriety tests.
These tests include the Horizontal Gaze Nystagmus, which involves following a stimulus with the eyes so the officer can look for involuntary jerking that may appear when someone is impaired. The Walk-and-Turn test asks the driver to take several heel-to-toe steps on a straight line, turn, and repeat the process while following specific instructions. The On-Leg Stand test requires a driver to balance on one foot while counting aloud. Officers use these exercises to gather evidence, but many drivers do not realize that these tests can be affected by nerves, uneven surfaces, weather conditions, footwear, medical limitations, and natural balance issues.
After field sobriety testing, police may ask the driver to take a preliminary breath test, also called a PBT. This roadside device is not the same as the official chemical test administered at the station, and its results are typically used only to help the officer decide whether probable cause exists for an arrest. If the officer believes enough evidence has been gathered, they may take the driver into custody and transport them for a formal breath test, or, in some cases, a blood test. That chemical test carries legal consequences, because drivers who refuse or fail it may face license suspensions through the Maryland Motor Vehicle Administration before their criminal case even begins.
Drivers often forget they still have rights during a traffic stop, even though the situation feels intimidating. Some of the most important rights that you have are as follows:
Even a first-offense DUI can carry significant consequences, including the following:
A second DUI conviction brings even harsher penalties, which may include the following:
Repeat convictions can trigger severe penalties, such as the following:
Commercial drivers face unique risks because their livelihood depends on their ability to drive. If you have a CDL and are facing a DUI charge, our lawyers can defend you against the following penalties:
Maryland enforces a strict standard for underage drivers, and penalties may include the following:
Maryland’s Ignition Interlock Program requires certain drivers to install a device in their vehicle that measures breath alcohol concentration before the engine can start. The program is intended to reduce repeat offenses, and participation may be mandatory after a DUI conviction or after refusing a chemical test. Some drivers choose to enroll voluntarily to regain restricted driving privileges sooner.
Qualification depends on the nature of the offense, prior history, and MVA requirements. The device must be installed by an approved provider, and the driver must report for regular calibration appointments. Any violations recorded by the device can result in extended program time or additional penalties.
Don’t face a DUI charge without a competent team of criminal defense lawyers in your corner. Our firm has extensive experience fighting for clients accused of driving while under the influence of drugs or alcohol in Maryland, and we stand ready to put that experience to work for you, too. Contact Miller Berman for a free consultation with our DUI defense lawyers today.
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