Yes, driving under the influence of drugs. Just like alcohol you voluntarily consumed the drug, and either knew or should have known the effects. There are potential defenses based on facts not shared in your post.

There are two bases to lose your driving privilege: first, if you refuse the breath test or test above the legal limit; second, upon conviction and assessment of points. Under the first scenario you can get the ignition interlock and still drive. Under the second, you may get revoked for up to 18... View More

Pleading guilty, as opposed to being found guilty after trial, shows “acceptance of responsibility” which a judge can consider to be a positive factor in mitigation of any sentence. Further, in many cases, the prosecutor will offer to let you plead guilty to the lesser charge of Driving While... View More

Yes, they are legal in Maryland and the Supreme Court has ruled that the safety considerations of removing drunk drivers from the roads outweigh the harm of random stops without probable cause.

No, you cannot expunge a DUI PBJ disposition. A PBJ is not, by the way, a conviction, and the fact that you were granted the PBJ means you are not guilty of the DUI (even if you pled guilty or were found guilty after trial). It will, however, continue to show on a criminal background check as a... View More

Yes, you are under no obligation to perform stupid human tricks—Er, field sobriety tests. However, once you are arrested and transported back to the police station and asked to take a breath test, your choice will have a significant impact on your driving privilege, so as the Knight Templar said... View More

Yes.

Yes, if the basis for the suspension is alcohol related. This is a very general question, and review of the MVA suspension order would be necessary to properly advise you.

Yeah, you need a lawyer. Better to stop posting any more details on this public forum. Felony theft of an automobile, aggravated by an accident with injury, and with a pending DUI from the night before, that’s got jail written all over it. You need to start preparing now for how to deal with... View More

As soon as his privilege is reinstated in VA it should be reinstated in MD. If it is not, he can get proof of the reinstatement in VA and take it to the MD MVA. If he was convicted in VA of DUI, then MD may give notice of intent to suspend or revoke his MD license based on an out of state... View More

Sounds like an Atkinson case to me. I’ve won cases in similar situations when the evidence showed the car was being used for shelter and not transportation.

Of course - as every case is different and past success is not an indicator of any particular result in your case - it will depend... View More

What is the reason for the delay in the notification of the DUI conviction? Ordinarily, upon conviction, the MVA is notified and the points go on fairly quickly, within days or weeks. I have had clients who were charged in one year, but failed to appear on the charges and they remained... View More

Yes, you have 30 days to appeal to the circuit court. I would need to know the MD Transportation Code sections the MVA used to impose the 12 points and any revocation or suspension. Did she end up with a conviction on the DUI in MN? And if so, was there any evidence of the specific MN statute... View More

No, you can always refuse the PBT. Just know that doing so will result in the suspension of your license. Talk to an attorney about ways to mitigate this with the MVA.

MD says you can be asked about convictions not arrests. Don’t answer about arrests. Leave that blank unless he’s applying for a certain type of job where that can be required such as a police officer

You will face an automatic suspension of your license. But you would have the option to have an administrative hearing. If you have been charged with a DUI consult local counsel for your best options.

Could you be convicted? Yes, it is still possible. However the less evidence the State has the more difficult it is to convict you. What drugs were found would be of particular importance in your case. Also whether by "failed field sobriety" you mean the regular test or the DRE examination.

Not necessarily. Depends on many factors including the circumstances of the DUI, whether there was an accident or injuries, whether the state offer you a plea, etc. You would be wise to consult local counsel if you have been charged to best determine your options.

Yes, but at that time it is an officer discretion situation. If the officer smells alcohol on your breath, probably this will kick in the field sobriety tests. It will depend on how you perform on those, also what you blow score is on the PBT. If it is, say .07, you are almost DUI level. An... View More

Yes: IF reasonable grounds for the stop were show and the refusal wasn't based on something impermissible like the officer telling you to sign a form and you could leave, then this is likely a case where your license is automatically suspended based on the refusal. If you have a CDL, you will... View More