You are not required to perform any field sobriety tests. You do not “resist”—you politely decline to do any of their tests. If they transport you to the station under arrest, and offer you a breath test at the station (not the one on the side of the road) and it’s your first offense, then... Read more »

Yes. Maryland DUI laws apply to all vehicles, and a bicycle is defined as a vehicle. Therefore, when you ride a bike, you are subject to the same laws as drivers in other motorized vehicles. Hire a lawyer, because the same penalties, fines and points apply if convicted as if you were charged in a... Read more »

You won’t be penalized in court, but you will face a longer suspension on your driver’s license by the MVA (or a longer time on the ignition interlock in order to continue driving). You have 10 days (to guarantee a hearing before a suspension after 45 days) from the date of arrest to request a... Read more »

Yes. There’s no exception in the law for “DUI emergencies” call a cab or an Uber

Are you employed in Maryland or Virginia? In my experience the answer is that it may impact your job. Usually employees are subject to background checks and every employer is different on how they treat these. A DUI in Virginia and in most states will result in a license suspension and that can... Read more »

Yes, if by that do you mean a judge or prosecutor will take that into consideration at sentencing. However, for purposes of being a subsequent offender under any enhanced sentencing penalties, or for actions by the MVA in connection with suspension or revocation of your driving privileges, then... Read more »

No. You will receive a letter notifying you that your license will be revoked as of a stated date, but that you have the right to a hearing regarding the revocation. The letter may also provide you with the option of electing the ignition interlock for a year. Both options, either requesting a... Read more »

They are trained to use specific tests which have been developed and approved for testing motor skills affected by alcohol or narcotic substances; however, their general observations are also used to assist them and the trier of fact at trial (judge or jury) to determine intoxication.

Were you charged with DUI? It doesn't matter if they were jaywalking. It may be that you're not guilty of failing to yield to a pedestrian crossing outside of the cross-walk, and it may also be that the pedestrian is contributorily negligent for his injuries, and it may even be none of... Read more »

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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »