Legal Question in DUI Law in Maryland

Driving Impaired

I am a 52 year old father of two, been driving for 35 years and I have never caused an accident and have an excellent driving record. I am an avid suporter of the dring laws as I enforce them with my 19 year old.

After having dinner with my wife at around 11:30 PM I was pulled over for eratic driving - I was handcuffed and taken to the police station and the breath test showed an alchohol content of .06 grams.

I was given 3 tickets - Failure to drive to right of center, Driving while impaired and Driving under the Influence.

My wife of 20 years and I routinly go out to dinner and I always (ususally) have two drinks, which I did that night.

Where do I stand? What is the law in Mryland for DWI, DUI and Driving impaired?

Thanks


Asked on 2/14/02, 8:46 pm

2 Answers from Attorneys

Scott Athen, Esquire Law Offices of Scott C. Athen, P.C.

Re: Driving Impaired

Although the result of the intoximeter does not rise to the per se level of DWI - Driving While Impaired (.07), or DUI - Driving Under the Influence (.08), the State can introduce circumstancial evidence to prove you guilty of either DUI or DWI. In a case such as yours, a competent, experienced DWI/DUI lawyer will attack every aspect of the stop, determination of probable cause to arrest you, as well as the actual results of the intoximeter test.

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Answered on 2/14/02, 9:26 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Driving Impaired

With the recent decrease in blood alcohol content for a drinking and driving conviction, many people such as yourself will be subjected to arrest. Consider that the new limit subjects a 120 pound female at risk for drinking one 8 ounce glass of wine and driving after dinner. If you need an attorney to assist you with this matter, feel free to contact me at (410) 799-9002.

G. Joseph Holthaus III

voice mail: (410) 619-5918

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Answered on 2/17/02, 8:18 pm


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