Another hypocrite, echem….conservative lawmaker alleged to have been operating his boat DUI/DWI in Maryland with a apparent BAC of .20 or more, according to his television interview on WBAL news when he allegedly chose to run over/collide with another boat with children resulting in kids and adults going to the hospital for serious injuries. According to witnesses, on the Magothy River, Dwyer was driving like a maniac and other boats had to avoid him.
The hypocritical part about this is that he is supposed to be a conservative Maryland Delegate in the house since 2003. He is known for trying to impeach Maryland’s Attorney General as a result of Maryland accepting same sex marriage certificates; naturally those attempts failed.
It is just interesting that people can stand so high on their soap box attempting to enforce their warped sense of what is right and wrong in society, yet at the very same time, they miss the very basics of what is demanded in society, which is not to blatantly break the law and/or hurt your fellow citizen.
This law maker was very quick to be wheeled outside the hospital, neck brace and all, quick to indicate that he was in no condition to give a press conference but was in satisfactory condition to ask for forgiveness and seek repentance for the atrocity that it is alleged he caused.
Having said that, from a DUI perspective, not only did he violate the rules of society by allegedly drinking and driving to a very dangerous level, he also violated the legal rules of keeping your mouth shut until you know what the hell is going one. I suppose he was making a hail mary effort to try to save his seat in the House of Delegates, but it is truly hard to imagine a scenario where he does not get kicked out of the house. You see, for the record, it is generally not good for one’s resume to have a DUI (on the water OUI) that results in injured kids going to the hospital. That is a tough one to overcome.
From a strictly legal perspective however, the blood draw done at the hospital is not a “forensic” blood draw and it is not a “specific test” for alcohol, rather it is a non-specific test for any molecule that falls into the alcohol family. What does that mean? Well, when the body suffers a significant trauma it releases chemicals into the blood which the hospital blood test can identify as alcohol, which in fact may not be indicative of consumed alcohol but rather a by product of anatomical injury. (I don’t make this stuff up- it is the science that any toxicologist can tell you).
Now, what the police will do is run a GC test (Gas Chromatography) in Maryland’s crime lab in Pikesville which is specific for ethanol alcohol and will yield, if correctly done an accurate and specific BAC number. However, any person, conservative hypocrite Republican or just a normal citizen, should learn to wait until all the facts are in on a given matter before trying to spin a case or ask for repentance when in reality said person has no clue what is going on at that particular moment in time.
In other words, we should all learn to exercise our Constitutional Rights guaranteed to us a long time ago despite the efforts of contemporary conservative politicians and some judges to deny said rights. Put a different way, retain the best DUI trial lawyer you can find and keep your mouth shut.