What Happens When Someone Is Released After A DUI Arrest?
Nov. 20, 2022
When someone is released after a DUI, you are generally free to go. At that point, in the state of Maryland, depending on where your license originates from, you may or may not have a driver’s license to take home with you. Typically, in our state, what they will do is take your driver’s license, and give you a document to serve as a temporary driver’s license, which is valid for the first forty-five days.
What Are The Common Mistakes People Make In A DUI Case?
The most common mistake is not doing anything; this can potentially hurt their case. In Maryland, you have a ten-day period to request a hearing with the Motor Vehicle Administration for the driver’s license hearing. If you do not follow through, you are pretty much guaranteed to get a suspension of your license for at least forty-five days after that. You should consult with an attorney right after that hearing, especially if there is any evidence to gather or witnesses that might be able to testify on your behalf. Remember if you do not gather the evidence or use witnesses, evidence fades, and so do witnesses' memories. They easily forget things and witnesses after so much time are harder to track down. For example, if leaving an establishment and you are arrested for allegedly being intoxicated, and you call your attorney the next day, you might be able to talk to the bartender who remembers you from the night before, and remembers how many drinks you were served.
This can be very important to your case if the evidence is collected early on, as opposed to waiting several months. I have witnesses who have left the state after criminal events, and DUIs, and that can jeopardize somebody’s claim. If you have a great witness who can provide an alibi or testimony that is going to help your case in the end. Remember, if they do not show up in court to testify, that information does not exist in the court of law.
Are People Surprised By Some Of The Restrictions Imposed In The Event Of A DUI Arrest?
Most people are surprised about the restrictions on their license after a DUI arrest. Typically, you are not able to drive a vehicle for twelve hours after a DUI arrest. They will give you a notice saying so, and if you are still intoxicated, another police officer might pull you over and issue you another DUI. I have witnessed many instances where somebody drove home after an initial DUI arrest, and they are pulled over again. It is very easy to do. Officer number one knows that you are drunk when you leave, officer number two just happens to be waiting down the road, and police really do brag about getting somebody twice on the same day. When that happens, the judges generally do not give a whole lot of lead way for this second DUI arrest.
Are The Officers Going To Confiscate Your Physical Driver’s License At A Traffic Stop?
If you are a Maryland driver and pulled over for a DUI, they will confiscate your driver’s license, and issue you a form that serves as a temporary driver’s license. Out-of-state drivers will keep their driver’s license, but could generally face an administrative suspension in the state of Maryland.
What Are The Driving Rights Afforded To A Person After Being Released For A DUI?
After you have been released for a DUI, you are generally still permitted to drive. In a DUI situation in Maryland, any suspension takes effect after forty-five days or generally on the forty-sixth day. Therefore, if you are here on vacation and you have to drive home, you will still be able to do so. It is just on that forty-five or sixth day, that people do not realize that they may not get an official notice from the DMV in their state. If they get pulled over in Maryland, the next thing you know we could be representing someone on a driving while suspended charge, which I see is issued often enough in this state. It is one of the most popular charges for traffic stops.
If you should get arrested and after you walk out of the commissioner’s office, they are going to hand you a charging document. That charging document is going to specify all of the charges that you have been arrested for. Typically in a DUI case, we will see a traffic citation that establishes probable cause for pulling them over. We see four different DUI charges in many of these cases, and they are all exclusive of one another. What has happened in years past is that many attorneys noticed people were charged with a DUI and the state issued a DWI charge instead. That means that an individual would not be convicted because the state did not issue the proper charge.
As a result, the state encourages police officers to overcharge. There are four DUI statutes or DUI DWI statutes. They are driving under the influence, which is a 21902A violation, and that one is for you driving with 0.08% or above alcohol in your blood. Then there is the per se violation. The per se violation means that you blew on an Intoximeter at 0.08% or above. At the same time, they would also issue driving while impaired. Driving while impaired per se is a 0.07% or greater alcohol in your system. For the first one and for per se, that would be a 0.07% alcohol test on a state Intoximeter.
For more information on Being Released After A DUI Arrest, a free initial consultation is your next best step.