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Representing the People of Maryland, Virginia and
the District of Columbia—One At A Time

Criminal/DWI

Traffic offenses represent the only time most of us will be in court facing even the potential of time in jail. Although the specifics of the laws relating to DWI/DUI vary among the three neighboring jurisdictions of Maryland, Virginia, and the District of Columbia, there are some generalities that will stand you in good stead in all three.

First and foremost—Do your absolute level best not to drive after you've been drinking, especially if you haven't eaten or if you have been drinking carbonated beverages with your alcohol. Both factors will speed up the absorption of alcohol into your bloodstream and get you drunker faster. While it may seem self-evident, it doesn't hurt to remind yourself of this so you can avoid being stopped.

If you ARE stopped—Cooperate! Being stopped by the police is a bad enough experience as it is. Antagonizing the officer or being cute will only get him or her annoyed. Being human, the officer will be tempted to take that frustration out on you in subtle ways that will not find their way into the police report and that will be difficult for you to prove. If you are tempted to be sarcastic, remember that the officer has a gun readily available and you don't (or shouldn't). Cooperation has its limits, though. Do NOT volunteer any information about what you have been drinking, how much, or how long ago. "I only had two beers, officer" will not help you either on the scene or in court.

Q.	What is the "legal limit"?
A.	The "legal limit" is the percentage of blood alcohol, usually determined by means of a breath test given on the scene, over which the statutes say you are intoxicated. In all three jurisdictions, that level is .08 per cent. This level means that if your BAC (blood alcohol content) is anything over that, you are presumed to have been intoxicated. If your BAC is lower than .08, you still can be convicted of an offense if the government proves that your driving behavior at the time demonstrated that your abilities were impaired. Note that in Virginia, if your BAC is over .20, there is a mandatory sentence of five days in jail, which the judge cannot suspend.
Q.	What if I am a first offender?
A.	Maryland and the District of Columbia have mechanisms through which you can attend classes and participate in programs that will result in the charges being dismissed. This may be done by way of a pretrial diversion program or by "probation before judgment." Virginia does not have pretrial diversion programs, and you WILL go to jail there if you are convicted of DWI with a BAC of over .20, even as a first offender.
Q.	What if I refuse to take the breath test on the scene?
A.	You have a right to refuse to take the test, but you would be foolish to do so. In Maryland and the District of Columbia, your driving privileges will be automatically suspended. In Virginia, you have the right to refuse to take a preliminary (pre-arrest) breath test. Once you are arrested, however, if you "unreasonably" refuse to consent to a breath test or blood test, your driving privileges will be revoked. In all three jurisdictions, if you go to trial, the government is allowed to present as evidence your refusal to take the test. In Virginia, testimony of your "unreasonable refusal" is admitted for the limited purpose of explaining why there is no breath test; it is not to be considered as evidence of guilt.
Q.	Will I go to jail if I plead guilty or am convicted after a trial?
A.	You might. Of course, the worse your driving record is, the more likely it is that a judge will consider a jail sentence. The one constant is loss of your license or driving privileges for some period of time. Under some circumstances you can get a restricted license, allowing you to drive to and from work or school, and to drive at work if your job requires it. In Virginia, you might be able to get the restricted license at the time the judge accepts your guilty plea. Or, the restricted license may be conditioned upon your completion of the jurisdiction's alcohol traffic safety program. In Maryland and the District of Columbia, this is done administratively, and not by the judge.
Q.	What if my BAC is over the limit? Do I have any defenses?
A.	Funny you should ask that. That's exactly what I'm here for. What defenses are available to you will depend on the unique circumstances of your arrest. We will sit down and go over how and where and why the police stopped you, who did what, who said what. It is entirely possible that there is something about the situation that will allow, or perhaps require, a finding or verdict of not guilty.
Q.	What about minor moving violations? What should I do if I am stopped?
A.	Often, if you are pulled over for a minor moving violation such as an illegal turn, the first thing the officer will say to you is "Do you know why I pulled you over?" There are some people who will tell you to play dumb at this point and say, "Why no, officer." After all, why incriminate yourself and make it easier for the officer in court? If you have a clean driving record, this can be the wrong approach. What you SHOULD do is look sheepish and say, "Yes, officer, that was pretty stupid of me." Once the officer runs your license through the computer and sees that you have a clean record, you stand a very good chance of being let go with a warning. If the case does go to court, the officer won't need your admission of guilt anyway. He or she will simply testify as to what happened. The purpose is to avoid ending up in court and having points on your license. If you can keep from going to court by swallowing your pride for 30 seconds, I consider that a pretty good investment. *NOTE* This is not an advisable approach if you are stopped for speeding. For one thing, your speedometer may be incorrect and need calibrating. For another, Virginia considers many instances of what would be "mere" speeding in other states as reckless driving, with much more serious consequences for your license.

If you require additional assistance, or have other questions, please contact me and I will be glad to assist you.