Daniel J. Wright
Driving Under the Influence
- How many drinks can a person have before they need to worry about driving? Depends on body size and tolerance; normally after 2-3 drinks.
- When do the police look for DUI cases? Usually at night; especially after midnight on weekends.
- What happens when the police offer stops you and he suspects you have been drinking? He will ask you; he will smell; he may ask you to do tests.
- What are the tests the officer may give you? One leg stand; walk and turn; horizontal gaze nystagmus
- Am I required to do these tests? No
- What if the officer takes you to the station. What happens there? Breath test; 0.08% of breath alcohol; high blow over 0.15%
- Is a person required to blow into their machine at the police station? No, but under the Implied Consent law you are deemed to consent by agreeing to a Maryland driver’s license. There are penalties with your driver’s license if you don’t blow. Sometimes it is in your interest to blow, sometimes it may be in your interest not to blow. You have a right to consult an attorney at this time and I would advise doing so. The police will usually allow you to make a phone call. You should call your attorney and consult with him before making such an important decision.
- What is the maximum penalty for DUI? One year; not usually given; subsequent offenders often get jail time.