Maryland | DUI Law
Legal Question
what if i was stopped on the side of the road sleep and the police check on me on then take me in for a blood test,can they charge me with dui if i wasnt driving
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Legal Answer
Yes, the police can charge you, but the State's Attorney may have trouble prosecuting the case. You should consult with an experienced DUI attorney immediately if you have been charged.
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Law Office of William C. Wood, LLC 8289 Main Street, Suite 204 Ellicott City, MD 21043
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Legal Answer
Maryland courts have defined driving as operating a motor vehicle, which would include being in the driver's seat with the engine running, even while parked at the side of the road. However, if the vehicle was not running, and if it was legally parked, then the state may not be able to show probable cause for the blood test, and even if it can, the state may not be able to prove the element of driving. I offer a free initial consultation.
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William L. Welch, III Attorney 111 South Calvert Street, Suite 2700 Baltimore, MD 21202
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