In the last article, I reviewed some of the MVA rules regarding alcohol tests. In this article, I will discuss some of the court related aspects of these cases. Courts have the power to incarcerate you and/or impose hefty fines and very lengthy and intensive probation terms.

In Maryland, a person may not drive, or even attempt to drive, while being either intoxicated or under the influence of alcohol or drugs or alcohol and drugs. Being behind the wheel with the keys in the ignition even if the motor vehicle is not running may be determined to be attempting to drive.

These cases range from A to Z. Some are winnable. Some are virtually impossible to win. They often result from an officer's observation of a moving violation such as speeding or weaving from lane to lane. Or, something out of the ordinary, such as a car not proceeding through a green light, may attract the officer's attention. In some instances, the officer may have responded to the scene as the result of an accident. The police have also been known to patrol bars waiting for patrons to leave and jump into their cars.

No matter what prompted the initial encounter with the police, the scenario is very similar thereafter. If the officer suspects that you have been drinking, (s)he will conduct field sobriety tests, like shining a light in your eyes and asking you to follow it, or requesting that you count backwards or recite the alphabet, or that you walk a straight line, walk heel to toe or stand on one foot. Many officers also conduct a roadside breath test.

If in the officer's estimation you failed the field sobriety tests, you will be placed under arrest and be offered an official (admissible in evidence) breath or blood test. You will also be taken to the nearest police station where you will be booked, fingerprinted and photographed just like a common criminal.

Thereafter, you will be seen by a court commissioner who will either set a bail or release you on your own recognizance. A bail may be set if a serious accident or severe injury occurred. First time offenders are usually released on their own recognizance.

These cases are usually disposed of in the district (misdemeanor) court unless the defendant is a repeat offender or other aggravating circumstances are involved. If aggravating circumstances are present, it may be advisable to "pray a jury trial"; i.e., have the case moved to the circuit (felony) court where you may have a chance of obtaining a more favorable outcome of the case.

In either the district or the circuit court, these cases will proceed by way of a guilty plea, a not guilty statement of facts or a full-blown trial. A not guilty statement of facts is similar to a guilty plea in that there is no testimony from witnesses. The State's attorney merely reads the statement of charges into the record. The defendant must agree with the State's version of the facts in order to proceed with either a not guilty statement of facts or a guilty plea. You may often be able to arrange a mutually agreeable plea bargain by proceeding in this fashion.

A full-blown trial with witnesses may also take place in either the district or circuit court. A judge will decide if you are innocent or guilty if you are in the district court. Either a judge or a jury may decide your case in the circuit court. Just because you request a jury trial does not mean you need to ultimately proceed by way of a jury trial once your case is in the circuit court.

Full-blown trials, especially jury trials, are long and drawn out; and as a result are very expensive. In some instances, trials are not appropriate because there are no viable defenses or witnesses. For example, some defendants cannot remember what happened. Each case is very different and should be reviewed by an experienced attorney.

The maximum penalty for driving while under the influence of alcohol or drugs and alcohol is two (2) months in jail and/or a $500.00 fine. Eight (8) points will also be assessed against the defendant's driving record. Penalties for driving while intoxicated are more stiff. For a first offense, the maximum is one (1) year and/or a $1,000.00 fine; two (2) years and/or a $2,000.00 fine for a second offense; and three (3) years and/or a $3,000.00 fine for a third or a subsequent offense. Twelve (12) points will also be assessed against the defendant's driving record. A person who is convicted of driving while intoxicated within three (3) years after a prior conviction for the same offense is subject to a mandatory minimum penalty of not less than 48 consecutive hours incarceration in either jail or a rehabilitation center or 80 hours community service.

Drunk driving cases have received a great deal of publicity in recent years. Judges have come under much scrutiny from groups such as Mothers Against Drunk Drivers. Even lenient judges are often not willing to risk their reputations. Most require alcohol evaluations before they will impose sentences. If the defendant is not assessed as a problem drinker, attendance at alcohol education classes is often still imposed as a condition of probation. If the assessment indicates that a defendant is a problem drinker, alcohol education and treatment are usually mandated. Very often, attendance at AA meetings is also required. Some judges place an alcohol restriction on a defendant's driver's license. Fines and costs are imposed in virtually all cases. Terms of probation usually extend from between one (1) to three (3) years even for first time offenders.

The only good news is that many judges will give first time offenders the opportunity to keep their driving records clean (no points for the alcohol related offenses) if no aggravating factors are present. All in all, a drunk driving conviction will interfere with your life for many years to come. The easiest way to avoid all this grief is not to drink and drive. You may even save your life.

This article is meant to provide very general information. I would be happy to discuss the specifics of your personal situation. Please call for an appointment if you are interested in additional information.