Cambridge DUI Lawyer, Near You

At Archey Law, we like to evaluate each case in a linear fashion. We begin by making sure that the officer abided by the law throughout their interaction.

First, we speak with you about why you were stopped and why the police officer came into contact with you. This is a fundamental 4th Amendment evaluation to determine whether the police officer had a reasonable purpose for being in contact with you. If there was legitimate purpose, we move onto the next stage.

Second, we find out what the police officer did. Did he abide by all the norms for roadside meetings like this? What did you say to the officer? What questions did they ask you? Did they ask you to step out of the car? Did they tell you they smelled the odor of alcohol? Did you tell them that you had consumed any alcoholic beverages or controlled dangerous substances?

Third, we will ask about the tests. Often, people analyze how they performed on the test to determine how it went. What they don’t realize is that police officers are trained to pick up on the most minute details. The police often have very strict interpretations of what they want you to do and what they’re asking you to do. We’ll then review whether you were properly instructed to take the breath alcohol concentration tests, as well as if and when they made statements while in custody.

Lastly, we ask if you’ve attended any treatment programs, if that is something that needs to be addressed.

Getting a DUI can be a frightening situation and most people don’t think it could ever happen to them. No matter how serious the case, Archey Law’s local Cambridge DUI lawyer can help you get your life back on track. We are your defense team for all types of DUI cases.

In Maryland, there are two different types of alcohol driving offenses.

The first is the 21902A statute, known as a DUI (driving under the influence of alcohol). Within that one statue, there are several variations:

1. A DUI per se, happens when you get pulled over and fail to pass the test(s). When this happens, you go back to the barracks to give a breath alcohol concentration test or submit a breath alcohol concentration sample, yielding a result of over the legal limit: 0.08. This is what’s called per se, because the test stands on its own, showing you were intoxicated to that level. That is the highest level DUI offense we have in Maryland. The penalty is a year in jail and a thousand dollar fine for the first offense.
2. The next is a general DUI, when you’ve been pulled over for driving erratically. In this case, you have failed the field sobriety tests miserably and potentially didn’t give a breath sample at the barracks. The police can take the totality of these circumstances and present them to the court. The court may find that you were intoxicated enough to meet the higher level of a 21902A DUI.

The second is the general 21902B, commonly known as a DWI (driving while impaired). This is often more difficult for the state to prove and typically carries less penalty: 60 days in jail and a $500 fine.

With a DWI, you were mostly likely pulled over, did marginally on the roadside field sobriety test, and did not submit a breath sample at the barracks after being taken into custody. When the prosecutor presents their case, they rely strictly on the roadside test to show that you were impaired to some degree. It’s not a high burden to meet, but the state can prove their case beyond reasonable doubt using those words, sight tests, police officer’s statements, experience, testing credentials, and such.

For a DUI in Cambridge, MD, the consequence is a year in jail and a $1000 fine, for the first offense. If you’re a subsequent offender, penalties can vary from two to three years in jail, depending on your number of prior offenses.

A DWI carries a standard 60 days in jail and a $500 fine.

If you are convicted of these offenses, your Cambridge DUI lawyer should always mitigate for probation, or something significantly less than the maximum fine.

Aside from jail time and monetary fines, the Motor Vehicle Administration can suspend your license, among other penalties. If you take the test and blow at a certain level, they can suspend your license immediately. They may also give you a restricted license. This may require you to have an interlock system installed in your vehicle for a period of time, or you may only be allowed to drive to and from certain places.

Other penalties, given by the court, may include: having to report to a probation officer, being made to attend a victim impact panel, community service, or mandatory treatment / rehabilitation.

DUI charges, regardless of conviction, carry a certain stigma. In your community, your reputation could suffer, as well as your business relationships.

A whole myriad of financial difficulties can arise from being charged or convicted. Charges of any variety are costly and attorney fees, fines, increased insurance rates, and potential court costs can get very expensive. If you decide not to go to the public defender’s office, you will have take time off work. If you end up in treatment, there may also be additional fees and assessment costs.

These days, many people watch television and see police officers reading or attaching huge significance to Miranda rights. While they do have their purpose in law and are very important for most, regarding encounters with police, Miranda is not implicated.

Miranda rights typically come into play when you’re in custody and have made a statement during custodial interrogation. This is when you’ve been arrested and your freedom to leave has been limited and the police officer is asking you questions other than just your name and address, etc., in order to incriminate yourself.

If the police don’t read you your Miranda rights, can they still arrest you? Yes; but any statements you would’ve made in custody cannot be used against you.

Traffic stops in terms of Miranda and interrogation are a whole different ball game in terms of case law. When it comes to DWI traffic stops, you’re most likely not going to be found in custody (for the purposes of Miranda) until they put cuffs on you. In this case, it’s smart not to say anything and certainly don’t admit to anything. Don’t admit to drinking, and if they didn’t find you in the car or in a car that wasn’t moving, don’t admit to driving.

No, unless a police officer has a video surveillance in their vehicle; although the court will most likely take the officer’s word.

Probable cause for a stop can include: having a tail light out, crossing over the center line, or speeding. You may say that a police officer actually charged you with speeding and the court can find you not guilty, but still find that the police officer had a reasonable belief that you were speeding and could pull you over.

Many people argue: “I was not doing what they said I was doing for the police officer to pull me over.” In the majority of DUI cases, however, it is on the stop. Either the probable cause for the stop was inadequate or what the police officer said you were doing was not in violation of the law.

Sometimes, what the officer says is refuted by his own vehicle surveillance camera. Many law enforcement agencies are getting away from vehicle cameras, however, and moving towards body-mounted cameras. Unfortunately for the accused, these body cameras don’t typically record the stop itself, but rather, just the contact between the driver and officer.

If you believe you’ve been pulled over unlawfully, the best way to aid your case is through evidence and being aware of your surroundings. We’ve had drivers take pictures of their fully illuminated license tags, after they’ve been pulled over for a tag light being out. This helped our Cambridge DUI lawyer win their case.

For the majority of first time offenders, the answer is usually no.

There are many factors to take into consideration, such as: how bad was the driving? Was there an accident involved? Were you cooperative with the law enforcement officer? What was the breathalyzer result? If you blew an absurdly high number, occasionally a judge will give you a weekend (or maybe longer) in jail, basically acting as a wake up call, saying, “You need to get a hold of yourself. This isn’t something you should be doing; you’re endangering public safety.”

There are also other steps that you can take to ensure you do not go to jail. The first is to get yourself some sort of treatment. Treatment varies from person to person, so just because you were evaluated doesn’t mean you will be going into an intensive patient program.

In the state of Maryland, you can no longer expunge alcohol-related driving offenses. So, if you’re convicted, it will remain on your record.

On a brighter note, there is also what’s known as a “probation before judgement” (PBJ) in Maryland. This is common and usually successful for first-time offenders, as well as subsequent offenders (whose charges have been far enough apart), if they follow the proper steps. With a PBJ, the judge will find you guilty of the offense. It’s then your job to follow all the conditions, treatment, community service, etc. given by the judge. While it doesn’t necessarily give you a free pass, the reason people like PBJ because they don’t get points on their license.

In Maryland, we have a point system. If you’re convicted of driving under the influence, a 21902A (DUI) carries 12 points, meaning your license will be revoked. Although the MVA cannot revoke your license based solely on points, the 21902B (DUI) carries 8 points, meaning your license will be suspended until the points come off (not impossible, but a major hindrance). With probation before judgement, however, you won’t receive these points.

Not necessarily; but it’s important to request a hearing at the MVA immediately after you’ve been pulled over. The window is very short, and you’ll need to request the hearing & send in $150 within 15 days. If you don’t, it can be very difficult to get your license back.

Usually, they will take your physical license and issue you a temporary one. This is just a piece of paper that allows you to drive up to 45 days (which can be extended) until your hearing comes up.

Once in the hearing, you can request a restricted license or to keep your license on the condition that you maintain an airlock system in your car (sometimes known as the “blow and go”). Many people opt for the restricted license, since the airlock system can be fairly expensive. The airlock system can also be a hassle and a burden on other family members.

Many things factor into the cost of fighting a DUI. There may be legal fees, fines, and court costs. If you don’t get a probation for judgement, you’ll most likely have higher insurance rates, especially if you’re convicted.

Most DUI cases involve some variety of treatment. This could range from a social drinkers course (typically a 12-hour session); where you’ll be required to pay for the initial assessment and subsequent classes, to a 26-week program, involving both inpatient and outpatient treatment. Even community service or victim impact panels come with some type of fee.

It’s a very wide-ranging figure, but most people are not going to come out of a DUI without having to pay something.

Many things factor into the cost of fighting a DUI. There may be legal fees, fines, and court costs. If you don’t get a probation for judgement, you’ll most likely have higher insurance rates, especially if you’re convicted.

Most DUI cases involve some variety of treatment. This could range from a social drinkers course (typically a 12-hour session); where you’ll be required to pay for the initial assessment and subsequent classes, to a 26-week program, involving both inpatient and outpatient treatment. Even community service or victim impact panels come with some type of fee.

It’s a very wide-ranging figure, but most people are not going to come out of a DUI without having to pay something.

At Archey Law, our Cambridge DUI lawyer typically looks at 3 different ways to fight DUI charges:

The first is to determine if a police officer had a legitimate reason to pull you over, or come in contact with you. We check to see if the stop was in violation of the 4th Amendment; which is your right against unreasonable search and seizure. If there was no legitimate reason for the police officer to pull you over, that’s a good sign. We always enjoy arguing these types of cases before the court.

The second way is “I wasn’t intoxicated or I wasn’t impaired to the level that is in violation of law.” Now does being pulled over and being given an alcohol related citation, just because I had a beer, or a drink mean I am in violation of law? The answer to that question is no. In fact, one of the first tests that most law enforcement agencies give is what’s called a horizontal gaze nystagmus test. And all that test shows is that you have alcohol in your system. Now, you can have alcohol in your system and not be impaired to the point where you cannot drive. You can have whatever your limit and your tolerance is of course you can have alcohol in your system, but are you impaired to the point that you can not drive? And that’s an issue we can always argue in court.

There are 3 tests typically given:

1. Horizontal gaze nystagmus
2. One leg walk and stand test
3. Walk and turn test

When administering these tests, there are four clues that the officer looks for. It’s our job to find out the following: Did they find one clue? Did they find four clues? If they only found one, we can argue that the test doesn’t show you were impaired (with the walk and turn test). We also question whether the officer properly articulated their case and catch any potential discrepancies between their report & what they’re saying on the stand. These are things we look for and attack throughout the trial, and can be very successful in doing so.

The third and most difficult thing to fight is the breath alcohol concentration test. If you’ve taken the BAC test and blown over the legal limit, you’ve given them evidence and our hands are somewhat tied. If Law Enforcement officers have all of their ducks in a row, it’s difficult to prove the evidence wrong. Then, if the person is properly qualified and credentialed, they have your breath sample and records for all the chemicals used to test the machine. Sometimes, however, if the state office or law enforcement agency is sloppy, we are able to exploit some of these issues.

There are a number of substance abuse treatment facilities on the Eastern Shore. While some programs are better than others, most counties offer their own behavioral health treatments.

After many years as a Cambridge DUI lawyer, I usually refer people to Eastern Shore Psychological or Community Behavioral Health. They stay on top of their clients and do an extremely thorough job, and have earned the respect of the courts.

When choosing a substance abuse treatment facility, it’s important to find one that is state certified and respected by the court. If they are not properly certified, regardless of whether or not you’ve completed treatment, the court will not accept it. As a result, you will not be given probation for judgement since their evaluation and treatment won’t be recognized.

Each county does their own community service differently. I don’t specifically get involved in recommending one type over another, but you are generally given options through the community service court.

For example, Kent County has a community service coordinator. Their job is to direct people to specific community activities or services that will fulfill their requirement. Other counties in Maryland will give you a list of organizations near your home or somewhere you are given access to.

No. While there are private companies that carry ignition interlock systems, the installation process is typically handled through parole probation.