Anytime an individual attempts to operate a vehicle, whether it is a car, truck, motorcycle, boat, or other type of vehicle while they are under the influence, they are putting themselves and others in harm's way. That is why there are strict laws against the operation of a motor vehicle, or boat, while under the influence of alcohol or drugs. It is important to note, however, that Maryland laws for DUI are different than the laws for BUI.
When an individual has been pulled over for a suspected DUI/DWI the law enforcement officer will commonly administer a series of three field sobriety tests intended to gauge the person's response time, their balance and their ability to follow directions. In many cases, the individual will also be asked to submit to a breath and/or blood test in order to determine whether or not their blood alcohol concentration (BAC) is above the legal limit. While an individual does have the right to refuse to submit to such testing, Maryland's "implied consent" law says that you consent to submit to such testing should an officer have probable cause to pull you over for a suspected DUI. In addition, refusing to be tested will lead to the suspension of your driver's license for 120 days. In most cases, even after an individual has allegedly failed a field sobriety test, or registered a BAC above the legal limit, there are ways to challenge this so-called evidence. This is because misaligned equipment, improper test administration, environmental factors, and other reasons are all capable of producing faulty readings.
When an individual has been pulled over for BUI while rowing, jetskiing, sailing, boating or operating a power boat you are not legally required to submit to field sobriety tests, or a breath or blood test, unless an injury or death has occurred. Even then, you should never agree to submit to a portable breathalyzer test. Instead, you should exercise your right to contact The Law Office of John R. Discavage, P.A. and speak with a knowledgeable criminal defense lawyer before answering any questions.
In either instance, whether you are facing DUI or BUI charges, when you contact a Frederick criminal defense attorney at our firm, we will immediately put our expertise to work in order to investigate the charges against you, challenge any alleged evidence presented by the prosecution, and will pursue every avenue in order to help you fight for a positive outcome in your case.