Columbia, MD DUI Lawyer
Driving under the influence of alcohol or drugs (DUI) in Columbia is a serious offense and one that the state can heavily punish. If you have been charged with DUI, our attorneys can defend you immediately and determine the best strategies to fight the charges.
The police must reasonably suspect that you are under the influence to stop you, but this is not a high bar. Determining whether the stop was legal is one of the first areas our team looks at in order to fight a DUI case. If the police had absolutely no reason to stop you, our lawyers will argue that the evidence is the product of an illegal stop and cannot be constitutionally used against you. Even if the stop was legal, we can fight the evidence, such as showing that the police collected in violation of the law.
If you were charged with drunk driving, call our DUI lawyers at Rice, Murtha & Psoras at (410) 694-7291 today.
When the Police Can Stop You for DUI in Columbia, MD
If the police stopped you without legal grounds, any evidence they gathered during that stop is considered illegal, and any arrest stemming from that evidence is also unlawful. According to the 4th Amendment and the U.S. Supreme Court case Terry v. Ohio, police must have at least “reasonable suspicion” to justify a stop. If they fail to meet this standard, any results from that stop should be dismissed.
Unless it is a DUI checkpoint, the police must have reasonable suspicion to stop you for DUI, but this is an incredibly low bar. Essentially, the police only need a few articulable facts to argue that the stop was permitted like you were driving on the line. However, police will have “probable cause” and can most definitely stop you if they witness you commit another traffic violation, like running a stop sign. They can then investigate for DUI after the stop if they reasonably suspect you are under the influence.
While the law gives the police some latitude to initiate a stop, they must follow strict procedures to ensure evidence is collected legally. Our DUI lawyers can review reports and gather evidence during our own investigation to determine the case’s weak points. Before moving on to what is required of you during a stop, it is important to thoroughly understand what situations the police can stop you for DUI in Columbia:
DUI Stops
On-duty police officers most commonly initiate DUI stops after observing a driver’s behavior. Again, police can stop you for DUI if they have reasonable suspicion, but this could literally be any combination of reasonable facts. For instance, if the police watched you walk out of a bar from across the street and drive away, it would be hard to fight the basis for the stop.
Similarly, police might be following you late at night or in the early morning hours when they notice you touched the center line before immediately correcting. The police would articulate this combination of facts to justify the stop. Thus, determining whether the police had reasonable suspicion highly depends on the facts, so it is best to let our defense attorneys review the report to determine the legality of your stop. What the police claim they witness and what is provable in court are two very different things.
If the police see you commit a traffic offense, even if they never suspected you of DUI, they have probable cause to stop you. Probable cause is a higher standard than reasonable suspicion, in which officers know or reasonably believe a crime is being committed and by who. If you are speeding, run a red light, or commit any other offense for which you can be cited, the police can stop you for the violation regardless of suspicion of DUI. After the stop, if they notice details that indicate you are under the influence, like slurred speech or alcohol on your breath, they have reasonable suspicion, if not probable cause, to conduct a DUI field sobriety assessment.
DUI Checkpoints
It must be noted that the above standards do not apply to DUI checkpoints in Columbia. The police set up DUI checkpoints to conduct random DUI checks. If a car pulls into a DUI checkpoint line, the police do not need to have reasonable suspicion or probable cause to investigate.
However, the scope of a checkpoint investigation is limited. The police cannot stop every driver at the checkpoint and cannot pursue a DUI investigation further unless they reasonably suspect the driver is under the influence of alcohol or drugs. The police must also notify the public of upcoming DUI checkpoints to satisfy constitutional due process requirements, referred to as “advanced notice.” You should see signs and other notices when approaching a Columbia DUI checkpoint.
DUI checkpoints in Columbia are rare, though. If you do encounter one, it is much more likely to be around an area with high traffic that the police are known to frequent, like the Merriweather Post Pavillion concert area.
What You Must Do During a DUI Stop in Columbia, MD
The first thing to do when the police pull you over is to remain calm. You will likely not know at that moment whether the police actually have reasonable suspicion to stop you for DUI, but the stop is not the place to argue about it. If the stop was illegal, our attorneys can fight it after taking your case.
If the police do stop you for DUI, they have a few ways to gather evidence. Sometimes, they will conduct the standard “Field Sobriety Tests.” Most people are familiar with these tests. The police will typically ask you to walk in a straight line, among other motor function testing.
In almost every case, though, the police will request that the driver submit to a breathalyzer test. Further, this test will likely not take place at the stop but at the jail or police station. The police will usually administer a preliminary breath test at the scene to get probable cause for the arrest. Once the police request a breathalyzer test, you can refuse, but not without automatic and severe penalties.
Maryland is a “consent” state, meaning that every driver has already consented to a breathalyzer test for suspicion of DUI by virtue of driving on Maryland’s roads, according to Md. Code, Transp. Art., § 16-205.1(a)(2). This law also applies to blood tests the police want to take during a DUI investigation.
If you refuse, it might deprive the police of this evidence, but it will result in automatic penalties. According to § 16-205.1(b)(1)(i), your license will be suspended for 180 days if your “blood alcohol concentration” (BAC) is between 0.08 and 0.15. If a person refuses after an accident involving the death of another person, their license will usually be suspected automatically for a year for refusing a breath or blood test.
Penalties for DUI in Columbia, MD
The penalties for DUI in Columbia can be vast and steep, completely changing the course of a person’s life. License suspensions are common, and a significant number of points can be added to a defendant’s motor vehicle record. DUI convictions are also expensive, with even the first offense resulting in considerable fines. The law also gives the court the discretion to sentence someone convicted of DUI to jail in addition to the fines. The level of penalties will depend on a number of issues, such as the existence of prior DUI convictions. Aggravating factors, like injuring or killing someone in a DUI crash, will also impact the penalties assessed if convicted.
License Suspension and Points Assessed
As mentioned, your license will be suspended just for refusing a breath test, and a conviction for DUI is no different. When someone is convicted of DUI, 12 points will automatically be assessed and applied to their license, according to § 16-402(39).
In Maryland, an accumulation of 12 or more points results in an automatic revocation of the person’s license. If the Maryland Department of Transportation (MDOT) sends you a notice of revocation before you are convicted of DUI, you can request a hearing within 15 days of receiving the notice, during which our team can represent you. We can also request a hearing after a DUI conviction, but the revocation will be much harder to fight at that point. Instead, we can help those convicted of DUI apply to join the “Ignition Interlock Program” so that they can get some of their driving privileges back.
Fines and Imprisonment
DUI convictions are expensive and only get more so the DUIs a person has. They might also very likely land a person in jail if they have subsequent offenses or cause the death of another person. Having our legal team on your side is the best way to protect yourself from the full brunt of the state’s punishment. The court can often decide what penalty to impose, and we can argue for lesser consequences on your behalf.
Under § 21–902(a)(1)(iii), those convicted of a first DUI offense can be fined up to $1,200 and be imprisoned for a maximum of one year. The court can impose one, either, or both penalties in its discretion. For second offenses occurring at any time in the future, fines will increase to $2,400, two years in jail, or both. These penalties will be worse still if subsequent offenses occur within five years of a prior DUI conviction, as per § 21–902(a)(1)(iv).
DUI penalties increase if the case has aggravating factors. For instance, if the driver has a minor in the car with them at the time, they could face a $2,000 fine and two years imprisonment for the first offense under § 21–902(a)(2)(ii). Prison time will increase to three years, and fines can be up to $3,000 for a second offense involving a minor.
Those convicted of a DUI offense within five years of a prior conviction must also undergo a comprehensive alcohol abuse assessment, according to § 21–902(f)(4)(i).
For a third or more DUI convictions, the penalties become life-altering. A person convicted of three or more DUIs is guilty of a misdemeanor and can face anywhere between five and ten years in prison and $5,000 to $10,000 in fines under § 21–902(h).
How to Defend Against DUI Charges in Columbia, MD
Defending your DUI case starts the moment you are stopped. The police will inform you of your right to remain silent and your right to an attorney, both of which you should exercise before making any statements. Our team will immediately begin investigating the stop and demanding the evidence the state intends to use against you in its prosecution.
If the evidence shows that the police had no legal basis for stopping you, we can fight any evidence collected after the illegal stop from being used in your case. This is known as the “fruit of the poisonous tree” doctrine. Under this legal theory, law enforcement cannot use evidence that was collected illegally, meaning it was not supported by probable cause or reasonable suspicion. It does not matter how incriminating the evidence might be; it cannot be used if it was obtained from an illegal stop.
If the evidence was obtained in a valid DUI stop, we can still challenge it. The police must follow numerous procedures when conducting FSTs and breath tests. If they got this evidence in violation of due process or any other laws, we can fight to keep it out of the case. For instance, “chain of custody” must be maintained as evidence passes from hand to hand. If it is unclear who handled the evidence or how it was tested, it should be barred from the prosecution. If the state does not have a critical piece of evidence against you, it might withdraw your DUI case altogether.
Call Our DUI Lawyers in Columbia, MD Today to Get Your Defense Started Immediately
For help with your criminal defense, call our DUI lawyers at Rice, Murtha & Psoras at (410) 694-7291 immediately.