Drunk Driving Charges – FAQ

Arrested For Drunk Driving? Do Not Panic.

At the Law Offices of Mallon Snyder, we hear a lot of questions about DUI charges. We have compiled answers here to questions we are frequently asked about DUI arrests.

What should I do when I’m stopped for DUI?

Always be polite and respectful to the police officer. Failure to do so will result in you being charged with multiple tickets that otherwise may not have been written.

What must I do when requested by the officer?

You are responsible for providing your license, registration and identification. Most people do not know that you need not answer any questions about alcohol consumption, where you were coming from or where you are going to at the time of the occurrence.

  1. You need not take standardized field sobriety tests, such as the pen test and walking a Straight Line or One-Leg stand.
  2. You need not take the preliminary breath test, which is a handheld device utilized at the scene. If you are taken to the station, or if you go to the hospital to provide a blood sample, under Maryland law you are required to blow into the Breathalyzer. Failure to do so will result in suspension without the ability for modification to obtain a restrictive license for work purposes. Your sole recourse may be to fight the MVA hearing or install a machine known as an interlock, or blow and go, for your vehicle to start.

What should I not do?

Do not argue your case with the officer or other persons on the scene.

What is important to help the attorney prepare for the case?

You should immediately write out each and every question asked by the officer and your direct response. This is important, because after a short period you will forget and this may be important during the cross-examination of the officer.

Should I pay any of the underlying tickets?

Under NO circumstances pay those tickets. You may waive defenses that we otherwise would have available at trial. We further can negotiate and provide defenses for those tickets saving you substantial money.

Should I tell my employer or co-workers of the incident?

Unless you are under a specific contract or have a policy in the office that specifically requires you to do so, you should not mention it to anyone at work.

What types of defenses are available on a DUI case?

Under the Fourth Amendment, the officer must have “reasonable suspicion” to stop you, which is somewhat less than probable cause but cannot be merely a hunch or suspicion that you have been drinking.

What can I do to help in the defense?

If the officer has stopped you alleging some type of equipment malfunction, i.e., lights or other equipment violations on the vehicle, you should have your vehicle checked immediately. You should have a friend go with you to witness that taillights, tag lights or other lights were working after the occurrence, and it may be necessary to take your vehicle to an inspection station to confirm the same.

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The answers provided here are for information only and not meant as legal advice. For the aggressive legal representation you need when facing a DUI charge, call the Law Offices of Mallon Snyder at 301-750-9588 or email us through our website.