Maryland DUI Lawyer Blog

The jurisdiction in a DUI case is where the DUI was effectuated; which is essentially where the police pull you over and make an arrest. The local police, such as Baltimore County or Howard County Police are charged with the responsibility to protect their given jurisdiction; they are not authorized in normal DUI/DWI cases to travel into adjacent jurisdictions to arrest except in special circumstances. The Maryland State Police conversely have jurisdiction throughout Maryland and therefore are not limited by County.

I was recently hired to defend a DUI case in Baltimore County. The arresting officer (an off duty Baltimore City Cop) was driving home and stopped my client in Baltimore County. After the alcohol stop he called the local police who came and proceeded with the arrest, field tests, etc. The defendant was taken to the Baltimore County Police station and blew an illegal blood alcohol content whereupon he was charged with DUI, DUI and related offenses.

At the trial of this Defendant I explained to the State's Attorney that they had a jurisdiction issue. That an off duty Baltimore City police officer may not effectuate a stop in Baltimore County because he lacks the authority, he must instead call the local authorities or a State Trooper to make the stop. That is to say, an off duty cop out of his jurisdiction has the same rights that a regular citizen has. If he exceeds those rights, as he did in this case, the stop and subsequent arrest become illegal. Once you have an illegal stop, any evidence flowing from that illegal stop may be suppressed. Once the state or the Judge agrees, the case can be dismissed, as it was in this instance.

When defending a DUI charge, there are many nuances both prior to the actual arrest and the procedure of the arrest itself that must be properly identified by experienced DUI counsel in order achieve the best possible result in any given case.

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: The DUI Trial

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Luckily the overwhelming majority of DUI cases in Maryland are relatively bland, that is, the driver had a little too much to drink and was stopped by Maryland's law enforcement for speeding or driving on the shoulder; nobody gets physically hurt. However, occasionally a very serious case comes along which necessitates an extremely high level of defense or the Defendant is going to jail for a very long time.

In this very serious Howard County DUI case, my client mistakenly proceeded the wrong way on the highway and struck a Mac truck head on. The driver of the truck escaped with very minor injuries, however my client was brought back to life at the scene of the accident by the highly skilled Howard County Medics. She was taken to shock trauma where she spent the next month having multiple surgeries and clinging to life from her life threatening injuries including breaking almost every bone in her body. Following a month of Shock Trauma it was off to a rehab facility to learn how to walk.

Unfortunately for this client, her BAC (blood alcohol content) was in the .20 range which is very high. She is a professional and had never been in trouble with the law before. She retained Robinson & Associates to provide her defense in this very serious case and we were able to comb through her case and find several weaknesses in what appeared to be a very strong case against this defendant.

On the day of her trial, following pretrial motions and several meetings with the State's Attorney, we were able to walk our client out of court that day with no conviction and unsupervised probation, a Herculean result in Howard County. If you have a DUI in Howard County Maryland and need experienced and aggressive counsel to protect you and your family, give us a call, anytime, we'll be glad to discuss your case at no charge.

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: The DUI Trial

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Regarding bogus DUI arrests in Maryland, I have had clients tell me about the nefarious behavior of officers for years, however I have never witnessed the behavior personally, until last night. On Friday, May 22nd at 10:50 p.m. I left Chilly's Restaurant on Route 32 and Londontown Blvd in Carroll County, Maryland, with my fiancee and her mother. I was lawfully sitting at the red light waiting to turn onto Route 32 North. At that time a female State Trooper (didn't get her car number, wish I had) drove past the intersection where I was waiting on the light and proceeded northbound towards Finksburg. The traffic was light at this hour as I was the only car at the intersection- mind you, just sitting there. After the trooper past me the light changed and I pulled onto 32 northbound as well.

At the next traffic signal, with the trooper several hundred yards in front of me, she strangely turned right and pulled into an empty parking lot of the medical facility, which I observed. Figuring she was up to no good I watched her. She then turned around and pulled out and began to follow. me. I'm thinking, well maybe she got a call, maybe she is not being evil, so I gave her the benefit of the doubt and executed a right turn onto a small street to see what she would do- mind you there have been zero traffic infractions as she just passed me at a red light.

I execute my right turn and what do you know, she executes a right turn behind my vehicle. This is unbelievable! I have done nothing and she is following me around hoping that I will screw up so she can pull me over. Getting madder by the moment, I pull into a private driveway and she slowly drives past my vehicle. I turn around in the driveway and wait a few minutes and what do you know, this female trooper with nothing better to do turned around again and drives past my position on the driveway and keeps going back out to route 32.

I need to travel down 32 to go home so I figure I'll see her again. I pull onto route 32 and a few seconds later, boom, there are the flashing emergency lights of the Maryland State Trooper. However, they weren't for me! Seems while she was on the side of the road "baiting" her next poor unsuspecting victim (hoping it to be me I gather), she got some other victim. I drove past her, went home and decided to put the word out.

Continue reading "Maryland DUI: Deplorable & Shocking Police Behavior" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: The DUI Arrest

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This is a guest author contribution regarding Breathalyzer Machines : Maryland DUI Lawyer Blog.

3 Ways Breathalyzers can be Incorrect

Many BAC readings can be incorrect at the time you are tested following a DUI arrest, with the reading being as much as 23 percent higher than it should be due to inaccurate breathalyzer testing. There are a variety of reasons for these problems tracing back to the short comings of the machine design. A growing number of states across the country have begun to pull the black curtain back and look behind the rhetoric of the manufactures, including requiring the source code for the software that runs the machines; a growing number of courts are finding the truth regarding these machines and suppressing BAC results. The following are a few basic problems to look for.

Mouth Alcohol

Mouth alcohol can be caused for a variety of reasons including eating bread, certain medical conditions to burping or GERD. All of these have been shown to significantly raise BAC levels. If mouth alcohol has not been absorbed it can cause the instrument to yield an artificially high BAC number. It is very difficult for breathalyzers to determine where the source of alcohol in the mouth is coming from, and it makes a significant difference if the alcohol in the exhaled air is coming from the lungs or from the mouth and throat; the computer in the gizmo assumes that all the air it is analyzing is coming directly from the lungs, the alveolar air. This is problematic in mouth alcohol cases or oral hygiene products such as Listerine: the computer analyzes the exhaled air, but when the air passes through the mouth, it absorbs the alcohol particles from the mouthwash and leads to an artificially high BAC level which will then be used against you in court.

Homeostatic Variables

While incorrect alcohol readings secondary to mouth alcohol is a significant problem with breathalyzer machines, the machines likewise do not account for variable partition ratios in the subject which can result in substantially inaccurate readings. The partition ratio (ratio between BAC and breath alcohol content) is correlated at 2100:1, but subjects may range from 1500:1 to 2400:1 or higher, leaving a large margin of error. Consider, if one’s actual BAC level is .08, the breathalyzer could identify this range from a .065 to a .09. However, if one’s actual level is under the legal limit, .07, and the personal ratio is 1500:1, you will end up with a BAC level of .10, above the legal limit, through no fault of your own. A partition ratio can fluctuate far a variety of reasons including age, health, or whether the subject is in alcohol absorptive/post absorptive phase to name but a few. Dr. A.W. Jones, Assistant Professor in Experimental Alcohol Research at Sweden's Karolinska Institute has confirmed the variations of blood to breath alcohol rations in different individuals and in the same person from time to time.

After conducting extensive studies, British physicians have concluded the following:

"the blood/breath ratio should be regarded as nothing more than a statistical convenience suitable for defining the limits of a particular universe. Its use to derive individual blood alcohol levels from breath alcohol levels has little scientific justification and its use in this way for law enforcement can only be deplored. We reiterate our view that breath analysis is not an acceptable method for accurately determining blood alcohol concentrations" [Alobaidi, Hill and Payne, Significance of Variations in Blood/Breath Partition Coefficient of Alcohol, 2 British Medical Journal 1479, 1481 (December 18, 1976)]

Interfering Components

Breathalyzers are designed to look for the ethyl alcohol molecule but they can be fooled by substances that appear similar in chemical composition to alcohol, thus misreading these substances as containing alcohol content. Acetone is one of the most common substances that can confuse breathalyzers and it is found in a large number of diabetics. Additionally, people who are exposed to certain types of paint fumes, ie. painters, can also confuse the breathalyzer and cause it to register a BAC level that is higher than it should be.

In addition to the foregoing, there are many other reasons why the results of a BAC reading may not be accurate; there will be ongoing debate as to the effectiveness of the machines continue to be tested, but as long as the machines allegedly assist the government in keeping drunk drivers off the road, much of the foregoing falls upon deaf ears.

This post was contributed by Kimberly Peterson, who writes about the criminal justice degree online. She welcomes your feedback at KimPeterson2006 at gmail.com

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: Breathalyzer

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So you got a DUI/DWI charge in Howard County, Baltimore County, Anne Arundel County or any other county in Maryland and you have a CDL (commercial driver's license). Your CDL is required for you to work, so what happens now? Well, in a word, you have a problem. First, the fact that you were not driving a CDL vehicle at the time of your DUI arrest does NOT matter, you still have the same problem. Yes, it's not fair but that's the way your Federal Government set it up. Now, where to go from here? It's a little confusing so if the following CDL-DUI advice is not working for you, feel free to give us a call.

A conviction or a PBJ on the 21-902A, C or D offense will result in you loosing your CDL license for one full year. The fact that you need your CDL to work for a living, to provide for your family or the fact that you were not driving a CDL at the time of your stop or arrest is not relevant to the consequences. The mere fact that you possessed a CDL at the time of the arrest is enough.

A conviction for the 21-902(B) offense or a PBJ does NOT result in the immediate loss of your CDL, that's the good news. In fact, a PBJ (probation before judgment) on the 21-902(B) offense is a good thing for a CDL holder, you want that assuming your case may not otherwise be won. Also, a conviction on the B offense is workable too, it does not automatically result in the loss of your CDL, it does result in 8 points on your record however which then results in a points suspension hearing (which you must request) where you can ask for a lesser period of suspension of your license. The MVA is typically looking a 6 months suspension for 8 points related to DUI or alcohol which means 6 months suspension of your CDL license in this DUI arrest.

Now, having said that, what about the administrative MVA hearing secondary to DUI stop, ie. the administrative suspension (this is that onion skin Officer's Order of Suspension paper you received when they liberated your license from your wallet).

1. If you blew less than a .15, that's good. You can request an MVA hearing within 10 days of your arrest and request any modification you might seek, worse case scenario is that the MVA does not see it your way and you loose your license for 45 days. When you loose your license you loose your CDL. If you get a modified driver's license, you still loose your CDL. It is very important to understand that for whatever period of time you have a "modified" driver's license or a suspended license, you will loose your CDL license. However, for 45 days you might be able to swing something with your employer, ie. maybe you can drive a regular vehicle or do other work.

Continue reading "Maryland DUI Consequences & your CDL License" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: MVA-Motor Vehicle Administration

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As if avoiding a Maryland Drunk Driving charge was not hard enough, it seems I'm hearing more about nefarious police tactics- from the police themselves and a prosecutor charged with DUI in Howard County whom I recently vindicated. That is, if you catch an officer's eye and he wants to pull you over and can't find one of many reasons from his handy DUI playbook, ie. you weren't speeding, swerving, riding the fog line, crossing the yellow line, littering, your tag light was not burnt out thus couldn't be seen from three miles away in the rear view mirror, etc., the latest mechanism is for him to ride your bumper. Yes, that's right! Your driving along at night, minding your own business, admiring Howard County's splendor or Anne Arundel County's many wonderful attractions or even Baltimore County on a slow night, when you notice headlights right on your tail, you notice them get closer and closer so you speed up, maybe change lanes without a blinker then speed up, wham! Your done like bug in spider's web.

What just happened is that the officer could not find a lawful reason to pull you over so certain officers (not all) will take it upon themselves to push you, to push your tail until you speed up and break the law. You speed up over the limit and he has a lawful basis to stop you. You then plead with the officer that he was riding your bumper, but he chuckles while he asks you "How much have you had to drink tonight because I think your driving drunk?

The funny thing is that "certain officers" have done this little maneuver to other police officers and pulled them over. Sometimes they are released, sometimes not. Sometimes the DUI charges may be dropped, sometimes not. Either way, this is a nefarious little DUI detection maneuver that you should be aware of.

Continue reading "Drunk Driving Maryland" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: The DUI Arrest

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Howard County is but one of 24 counties in Maryland in which one can be charged with DUI. For those that are interested, Howard County was founded in 1838 and today has many redeeming qualities. In 2006 it was ranked the third wealthiest county by median household income by the U.S. Census Bureau and Howard County’s own Columbia and Ellicott City were recognized as the fourth “best places to live” by Money Magazine. The public school system in Howard County is continually recognized to be among the best in the Country. Consequently, Howard County is in fact a very pleasant place to live and raise a family, but what about if you are charged with DUI/DWI in Howard County?

After practicing DUI law for 17 years throughout all Maryland counties, including Howard County, Baltimore County, Baltimore City, Anne Arundel County, Prince Georges, Montgomery, Carroll County, Harford, Queen Anne’s etc., I can safely say that Howard County is definitely at the top of the short list of better places to be charged with a DUI (assuming that you’re going to be charged at all). But why you ask?

Continue reading "A DUI in Howard County Maryland" »

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Posted In: DUI Lawyers

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Here I am enjoying a lazy Sunday afternoon and staying current on the latest Maryland DUI issues which may effect my DUI clients when I came across the following alcohol related article regarding a DUI charge on a bar stool. I thought that was a little weird so I figured I'd remind the public about Maryland DUI law as it relates to unusual (and sometimes silly) "vehicles".

First, the Maryland legislature has past Maryland Transportation Article 11-176 which says in pertinent part that the definition of vehicle means any device in which a person or property may be pulled or towed on a highway. Alright, that sounds reasonable right? Well, that includes motorized bar stools. So if you are creative enough to build a motorized bar stool in order to whisk yourself off to the local watering hole, you could have a problem on the way home (sorry Norm).

The problem with such an expansive definition of vehicle as it relates to Maryland Drunk Driving however is that it is quite expansive and I would argue, overreaching. The definition of vehicle would include service animals such as horses, it would include a child's wagon, a riding lawnmower, a bicycle and the like. There are instances of all the foregoing in the news and on youtube.com. There are videos of a guy being stopped on his riding lawnmower on a street in his neighborhood and another of a guy on his horse. I suppose there are arguments that could be made regarding the propriety of riding a lawnmower drunk on a small neighborhood street or riding a horse but I don't think it should rise to the level of a DUI in a personal vehicle. Do you disagree, if so, no more enjoying a cold beer on a hot day while cutting your lawn. Well, there is always the story of some poor guy in a child's wagon being arrested and charged with DUI. Now come on, that's just ludicrous!

Remember, the Maryland statute does not allow a citizen to operate a "vehicle" (Read=lawnmower or wagon) anywhere (public property or private) while impaired. Thus, if your riding your ATV on your own personal property and the police somehow stop you and detect alcohol on your breath, your popped. As an ATV rider, I'm not suggesting it's a good idea to engage in this behavior but I am suggesting that it strikes me as unusual that the government has a hand in what I elect to do on the privacy of my own property. Put another way, if your enjoying a weekend cook out at your house and consume some cold beers and subsequently sit in your child's wagon and ride down the driveway (you must be intoxicated), you can be arrested if the police happen to be driving down the street and observe erratic wagon operation. Moral of the story, if your going to operate a wagon after drinking, stay right of center and don't tailgate.

Continue reading "We take ourselves too darn serious" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: The DUI Arrest

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At this point we all know that the breath machine, in Maryland it's the EC/IR, in DUI/DWI cases is a vital part of the DUI conviction process; that's why the legislature has its very own law for blowing a number of .08 or greater into the contraption. The law is known as Maryland Transportation Article 21-902(a)2 or the per se law. This law says that if you blow a .08 or higher, your are in violation of this statute and therefore you are GUILTY of this crime, irrespective of any other details regarding your case. Pretty stringent huh? Particularly if you consider that these machines are not particularly accurate in determining a person's BAC (blood alcohol content).

How can I say these machines are not particularly accurate? Well, don't take my word for it, I'm just a lawyer. However we should take the word of very learned and highly regarded experts in the field who have written numerous articles on these machines. In a nutshell, the machine utilizes a partition ratio (a formula) to calculate the ethanol that it senses on ones breath and to extrapolate out what it believes a person's blood alcohol content should be. The machine then spits out that number on a cash register sized piece of paper and you then have to fight the machine or be convicted of DUI.

The problem is that the machine utilizes a constant partition ration number of 2100:1 for all people. So the machine multiplies the parts of alcohol that it senses in the breath, it calculates that number by 2100 and it says the result is your BAC or blood alcohol content. Big, small, tall, short, male, female, black, white, Asian makes no difference the machine calculates 2100:1 partition ratio. Are all people made alike? Does the 6'8" NFL player have the same body makeup as the 5'2" soccer mom? I don't think so and either do the experts in the field.

Continue reading "The Breath Machine (EC/IR) in DUI Cases" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: Breathalyzer

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I have always maintained that DUI defense in Maryland is a strange animal. DUI law it seems, is the only criminal field where the accused faces significant jail time and other life altering problems yet the defendant's rights are severely limited. That is, limited Miranda rights, false advise by the police and limited access to counsel. I have previously written that the police can and do ask a lot of incriminating questions prior to making a formal arrest, without Miranda warnings, and can use the responses against you in court to advance your conviction.

However, we now have the State of Maryland promulgating false advise to the citizens of this State. How many readers have seen the digital signs on Baltimore's beltway 695 that say "Over the limit- Under Arrest?" That sign implies to the driver, under the limit, not under arrest; everyone knows the legal limit is .08. So as long as you stay under .08 you have no problem- just like the sign says, right? Ehhh, no.

Many clients come to the office wondering how they were charged with an alcohol related offense when they only blew a .07 or less (.06, .05, .04, etc.). The nasty little truth is that there is another charge called DWI or driving while impaired. The courts and or the prosecutor generally lean towards DWI when they see a number like .06 or .07. If you blow in that range you will be arrested by the police and charged accordingly. You will face many of the same problems as if you blew a .08 or better. In fact, I see many defendants with numbers less than .06. I recently had a client blow a .03 in Prince George's County; he was arrested and defended by my office; of course we got him off the charge but he still had to retain counsel and go through the motions.

Importantly...

Continue reading "Over the limit- Under Arrest ?" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: The DUI Arrest

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So, you get arrested for DUI/DWI in Maryland, what do you do? The trial Judge may ask the arresting police officer if you were "polite and cooperative" and the officer's response can, in some instances, play a role in what the Judge does with you. However, what does this really mean?

If you were charged with a more serious crime than DUI you would know that you have rights, Miranda rights that is and hopefully you would know to stay quiet and say nothing until you had the benefit of sage wisdom of counsel. However, in DUI arrests, the Miranda warnings are rarely imparted upon suspects. Is that legal you ask? Well, in a word, yes. It's legal. Reason: Miranda warnings are not a requirement for a legal arrest. They are a requirement for the police to gain admissible information following a legal arrest.

Thus, in the DUI DWI scenario, the I/O or investigating officer is perfectly within her rights to arrest you and never give you the Miranda warnings. However, there are two things you want to know. One: after you are actually arrested (handcuffed) anything she asks you then requires the Miranda warnings or your response is not admissible. Two: the police typically ask you all the damning questions prior to the actual arrest (ie. the handcuffs). They can do that. If they gather oral evidence against you prior to the arrest, no Miranda warnings are necessary at all as the courts have determined that you are not arrested and therefore don't need said advice.

Continue reading "But your Honor, he was Polite & Cooperative" »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: What are my DUI rights?

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The 4th Amendment to the United State's Constitution says "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated..." This amendment, part of the Bill of Rights, made applicable to the individual states through the 14th amendment Due Process clause as established by the Supreme Court in Mapp v. Ohio, 367 U.S. 643 (1961), says that citizens shall not be stopped in their cars, or otherwise without probable cause or reasonable suspicion to believe that a crime has been committed. This law was upheld by the Supreme Court in Delaware v. Prouse where the Supreme Court held the 4th Amendment right to privacy outweighed the states desire to stop cars to check driver's licenses and registration cards.

However, the Supreme Court modified its position in the decision of Michigan v. Sitz where it held that the prohibition of stopping an automobile in the absence of probable cause was outweighed by the desire to eradicate drunk driving on our streets. The Justices voted 6-3 in favor of allowing the "DUI Exception" to the Delaware v. Prouse opinion.

Maryland has also visited this particular issue in the case of Little v. State 479 A.2d 903 (1983). The Court ruled that roadblocks were legal in Maryland because of the State's important need to stop drunk driver's on Maryland streets; however, the Court did recognize certain procedural requirements that must be satisfied in order to make a roadblock lawful. If a roadblock fails to meet procedural requirements, then the resulting arrest is illegal and the case will be won or dismissed in Court, such is what happened to my client this week in Baltimore County District Court. Case dismissed, details follow....

Continue reading "DUI Roadblocks in Maryland " »

Posted by Bruce M. Robinson | Permalink | Email This Post

Posted In: Constitutional Issue

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