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  1. Be polite and Cooperative with the Police. But remain silent.
  2. Do not take voluntary roadside sobriety tests (walk & turn, 1 leg stand, counting/alphabet)
  3. The only test you should take is the breath test at the police station

Body Weight

Number of Drinks per Hour

1

2

3

4

5

6

100 lbs.

.038

.075

.113

.150

.188

.225

120 lbs.

.031

.063

.094

.125

.156

.188

140 lbs.

.027

.054

.080

.107

.134

.161

160 lbs.

.023

.047

.070

.094

.117

.141

180 lbs.

.021

.042

.063

.083

.104

.124

200 lbs.

.019

.038

.056

.075

.094

.113

220 lbs.

.017

.031

.047

.063

.078

.094

1 Drink = 1.5 ounces of Hard Liquor OR 5 ounces of Wine OR 16 Ounces of Beer
Gray Area = Indicates serious impairment
Rate of Elimination = 0.15 per hour after drinking has stopped

In Maryland you have the right to refuse the preliminary breath test (PBT) when you are pulled over for a suspected DUI or DWI. The refusal to take the PBT is inadmissible in all forums (Traffic Court, Before the MVA) and will not jeopardize your case. This initial refusal can work in your favor by giving you more time to help eliminate alcohol in your system. This additional time between when you are pulled over and when you arrive at the police station can possibly bring you under the legal limit for blood alcohol content.

The PBT refusal is different then refusing to take the Breathalyzer at the station once you been arrested. If you refuse the formal breath test once under arrest you are subject to a mandatory 120 day suspension for the 1st refusal. The penalty is increased to a mandatory 1 year suspension of your driving privileges if it is your second or more time being arrested for DUI or DWI and refusing the formal breath test once again.

It is not wise to refuse the formal breath test once at the station because it initiates a mandatory and unmodifiable suspension of your drivers license. By consenting to the breath test once at the police station and you are found over the legal limit the driver license suspensions are not mandatory and can be modified. A administrative judge at the office of administrative hearings has the ability to permit you to drive for employment, education and treatment purposes.

At the time of your stop for suspected DUI or DWI the officer can ask you to perform roadside sobriety tests (RST). These tests can involve the officer asking you to say the alphabet, walk in a straight line then turn, stand on one leg, and many other actions. Roadside sobriety tests are voluntary. You should always refuse these tests. Your refusal of RST’s will not harm your case if you are arrested. These tests are just another tool for the state to show your level of intoxication and increase the likelihoods of convicting you of DUI or DWI. The only time these tests (PBT and RST) are helpful is if you are stopped of suspected DUI or DWI and do not have any alcohol in your system.

Maryland DUI - Driving Under the Influence – DWI in Maryland is more serious of the two possible drunk driving charges. A maryland state DUI arrest results when a person is found operating a vehicle with a Blood Alcohol Level (BAC) above .08. Maryland DUI law states that having a BAC above .08 means you are under the influence of alcohol and your normal driving coordination has been substantially impaired. Maryland DUI first offense penalties can differ greatly from Maryland DUI second time being convicted.

First Offense

  • Minimum 45 days of suspended Driver’s License
  • Up to a $1,000 fine
  • Up to One year in jail
  • 12 points on your Maryland Driver’s License record

Second Offense

  • Up to a $2,000 fine
  • Up to 2 years in jail
  • 12 points on your Maryland Driver’s License record

Maryland DWI – (Driving While Impaired) – A DWI arrest results when a person is found operating a vehicle with a Blood Alcohol Level (BAC) above .07.

First Offense

  • Up to 60 days of suspended Driver’s License
  • Up to a $500 fine
  • Up to 2 months in jail
  • 8 points on your Maryland Driver’s License record

Second Offense

  • Up to a $500 fine
  • Up to 1 year in jail
  • 8 points on your Maryland Driver’s License record

People who are charged with DUI or DWI for a second or third time will face much harsher penalties in court. Penalties for multiple offenses include mandatory jail time, lengthy alcohol education program and strict driving restrictions. Maryland judges can mandate the use of ignition interlock device for multiple offenders. Ignition interlock devices require the driver of a car with the system to have to pass a BAC test prior to starting the car. Ignition Interlock can be a very costly penalty with fees for installation and maintenance of the system required by the provider.

Often cases in maryland result in a PBJ (probation before judgement). PBJ for DUI and DWI is rare. PBJ in maryland allows the defendant the opportunity to go on probabtion for an offense and never be convicted if the terms of the probabtion are met. PBJ also allows for all record of the offense to be expunged from the persons record three years after the judgement.

Chances are your home state will find out and Maryland can still have your drivers license suspended. Out of state drivers who receive a DUI or DWI should contact Joel Fader to receive the best DUI attorney and utilize his experience as a DUI lawyer in maryland. Out of state drivers who are charged still need to follow the same proceedures once arrested as a citizen of Maryland would. While representing out of state drivers in DUI DWI Maryland hearings, Joel Fader has had great success.

Maryland belongs, along with 45 other states, to the Interstate Driver’s License Compact. This group of states has agreed to share information about DUI DWI arrests and driver license actions with each other. A DWI arrest in Maryland has lasting consequences no matter what state you are from.

Contact Joel Fader the Baltimore DUI attorney for sound legal representation and advice on any DUI charges in Maryland.

A new group of criminals has adapted to the Internet, emailing consumers for money and creating imitation sites that mimic legitimate companies and financial institutions for the purpose of tricking consumers into revealing their personally identifiable information.  Law enforcement, the public and state and federal government agencies must work together to protect Internet users — especially the most vulnerable — from Internet crimes and fraud.

To help in this effort, LawHelp.org/NY launched a special site called “Internet Fraud: Crimes and Prevention,” which covers a wide range of Internet fraud and crimes.  The new area on LawHelp.org/NY, also accessible via www.GetNetSmart.org, is devoted to increasing awareness and helping Internet users prevent and report all types of Internet fraud and crime.

According to a recent Federal Trade Commission (FTC) report on Consumer Fraud and Identity Theft Complaint Data, in 2007 consumers reported paying more than $526 million to Internet criminals.

A majority of consumers do not report online fraud, though according to the FTC such reporting is critical to help stop unlawful operations.  The public is often not aware of the resources available online and in their communities for reporting and preventing Internet crime.

The new area on LawHelp.org/NY is a unique portal to more than 500 such resources in 24 areas, including “Email Scams, Hoaxes & Spam,” “Phishing and Pharming” and “Reporting Internet Fraud & Crimes.”  The resources — from law enforcement agencies, not-for-profit online safety groups and government agencies — were chosen for their usefulness and accuracy and reviewed by a team of experts.

LawHelp/NY (www.LawHelp.org/NY) is an on-line tool for helping low-income New Yorkers solve their legal problems.

For more information, see www.getnetsmart.org

Millions of Americans each year wind up in civil court without a lawyer.  Studies reveal that between 40 and 90 percent of litigants end up representing themselves, without assistance from an attorney, in civil matters such as eviction defense, divorce and creditor claims.

Those representing themselves – also known as pro se litigants – can find support and information online.  One resource is LawHelp (www.LawHelp.org), a free site that provides information from nonprofit legal services providers about a variety of issues as well as information about going to court, including how to get find help at the courthouse and commonly used court forms (for example, a petition for child support).  In some states, certain legal forms can be filled out using an interactive system known as National Online Document Assembly, accessible through the LawHelp site.  The user is guided through a series of questions, and the system uses the answers to fill out the documents completely and correctly.

LawHelp also provides online referrals to local legal aid organizations, for those seeking help from a lawyer before going to court.

Another good resource is the Self-Help Law ExPress site, also known as “SHLEP,” which can be found at http://blogs.law.harvard.edu/shlep.  The SHLEP site contains information and links on a variety of topics of interest to pro se litigants, from Antitrust Law to Wills, as well as a section entitled, “Should You Go It Alone?”

The American Bar Association (ABA) also provides some information on the “Helping Yourself” section of its Consumers’ Guide to Legal Help at http://www.abanet.org/legalservices/findlegalhelp/faq_selfhelp.

Finally, your local court or law library may have useful information on its website.  For example, New York has a site called CourtHelp, at http://www.courts.state.ny.us/courthelp, with information and resources for those going to court.  The California Courts, similarly, have a range of self-help resources available at http://www.courtinfo.ca.gov/selfhelp, and California county law libraries offer http://www.publiclawlibrary.org.  The National Center for State Courts maintains a list of Self-Help Information Resources and Centers by state at http://www.ncsconline.org/wc/CourTopics/statelinks.asp?id=108&topic=ProSe.

The national LawHelp.org network of consumer legal information portals offers a range of useful resources for those struggling with their taxes as April 15th approaches.

Resources accessible from LawHelp.org include information, written for the layperson, about both state and federal taxes, including specialized fact sheets for those facing a variety of special circumstances; information about rebates and tax credits, including the earned income tax credit; links to sites offering free tax filing; referrals to organizations that offer free or low-cost help; and more.

In certain states, the LawHelp site includes a link to a free electronic filing system known as I-CAN! E-File.  I-CAN! E-File, which was developed by the Legal Aid Society of Orange County with funding from the Legal Services Corporation, can be used to file federal returns as well as state tax returns in California, Michigan, Montana, New York and Pennsylvania.

LawHelp.org provides referrals to local legal aid and public interest law offices, basic information about legal rights, self-help information, court information, links to social service agencies, and more. This site was developed by Pro Bono Net, a nonprofit organization headquartered in New York that works to increase access to justice, in partnership with legal aid organizations around the country.

“With many families under significant pressure due to the economy, it’s imperative that low-income workers obtain all due benefits,” said Mark O’Brien, Executive Director of Pro Bono Net.  “LawHelp facilitates this by making a range of tax information and tools easily available on one user-friendly site.”

To find tax help in your state, visit www.lawhelp.org.  For more information on Pro Bono Net, visit www.probono.net.