Proving Intoxication in a Maryland DWI Case
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It is important to Maryland DWI lawyer Andy Alpert that you understand the two ways intoxication is proven in a Maryland DWI case.
The first way the police prove intoxication is by studying an individuals outward appearance during a traffic stop. If the police officer is given probable cause through the odor of alcohol, slurred speech, a flushed face, or by someone fumbling with their license and registration, the police officer can determine probable cause and ask them to step out of the vehicle. Once out of the vehicle, a Maryland police officer can administer three field sobriety tests. They are (1) the Horizontal Gaze Nystagmus test, the (2) Walk and Turn test, and (3) the One Leg Stand test. Depending on their evaluation of a suspect’s performance, the officer can then make an arrest.
The second way an officer can prove intoxication is by administering a breath test. In Maryland, a BAC of over .08 within 2 hours of being stopped by the police constitutes a DWI.
Most cases try to combine elements of both tests to gain a conviction.
Maryland DWI lawyer Andy Alpert wants you to know that you are not required to perform field sobriety tests, nor submit to a breath test. While submitting to theses tests isn’t a requirement of Maryland state law, there are complications which can arise from refusing these tests. The arresting officer will explain the penalties that may arise from refusing to submit to a breath or blood test before they attempt to administer the test.
Maryland DWI lawyer Andy Alpert can not recommend refusing the tests. He believes the best course of action is entirely dependent on the circumstances surrounding the Maryland DWI arrest. You do have the ability to consult a Maryland DWI lawyer prior to taking the tests as long as it does not interfere with their administration.
For more information on how to protect your rights and freedoms in the face of a Maryland DWI arrest, call Maryland DWI lawyer Andy Alpert at (866) 826-8617.