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 if you had enough bad facts --- accident, terrible field sobrieties, etc. It is fact specific.

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

It isn't automatic jail time - is discretion of the court, but it depends on a lot of factors like whether this is your first time DUI or whether this is a multiple and whether there was an accident and people were hurt.

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

You always have a choice. A police officer cannot force you to take the field sobriety tests. However if you refuse to take a breath or blood test, that refusal may result in a suspension of your driver's license.

William C. Head Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2017

All insurance companies WANT to drop anyone with a DUI-DWI. State law sometimes restricts this from happening, unless that company offers you either SR-22 coverage or puts you with their substandard carrier, at higher costs.

Look online for DUI-DWI attorneys in MD, who offer a free... View More

Yes.

Not specifically but it could be a factor when a court considers the standard for allowing custody

You should have been contacted by the police if that were the case. We you a driver then? Contact my office and I can look up for you to see if there's anything on CaseSearch...

Yes. That one was easy.

We handle cases like this regularly. In a DUI there are a lot of factors that go into the case becoming fightable. Issues such as custody are handled other lawyers in my firm. The most important thing is that you get the criminal/DUI matter resolved. The issue is that one court is family the... View More

Current Maryland law, sadly, does not allow for expungement of DUI PBJ's. I personally advocate for a change in the law since many other, more serious offenses for which one gets a PBJ can be expunged, but I am not a lawmaker so I wouldn't be the one deciding.

Short answer, yes. Maryland will consider all of the other DUIs as if they happened in Maryland. The statute allows for the State's Attorney's Office to seek enhanced penalties for a prior conviction. If these were DUIs in Virginia (what would be consider a DUI in Maryland) then the... View More

The field sobriety tests are the primary tests. They allow the officer to make a determination as to whether they have probable cause to make an arrest IF the tests are properly conducted AND the officer had reasonable grounds to be able to even ask for the tests. One test not specifically part... View More

You could discuss your concern with the prosecuting attorney. Since you are married, you may invoke your privilege not to testify against your husband and the charges may be dropped. You can only invoke this privilege once. But you would also be wise to consult with an attorney, the prosecutor, or... View More

A DUI is a must appear charge. You need to be present in court. If you have already have the public defender, ask them your questions. Otherwise, seek an attorney.

Only if it was forcible or broke some other law. 16 is age of consent.

How does this person still have a CDL after 4 prior DUIs? Get a MD DUI lawyer first. Have him consult with a PA lawyer as necessary.

You need a lawyer. You are facing possible jail time, suspended license, point, fines, interlock, etc... An attorney would be able to explain the criminal side and the administrative side of DUI law to you.