FIRST THINGS FIRST

Being arrested is often the worst experience in a persons life.  Feelings of guilt, shame, remorse, and depression often follow.  The truth is, thousands of persons are arrested for the first time each year.  The blood alcohol levels that now make a person legally too impaired to drive are so low, anyone can violate the drunk driving law.  And who do you know who has never tried marijuana?  The main goal is to deal with the problem appropriately.

BASICS

Since an arrest is such a traumatic event, most first-timers usually don't get it right.  It is almost never a good idea to talk to the police.  The rules of evidence heavily favor the prosecution and not the defendant.  That usually means anything you say that helps you cannot be used in court, but anything you say that hurts you will likely be brought up.  In a DUI case, there is absolutely no penalty for refusing the Standard Field Sobriety Tests (a,b, c's, walk and turn, etc.).  You may refuse to answer any questions other than to identify yourself.  If you refuse to take a Chemical Test for Blood Alcohol Level there are substantial penalties against your driver's license (120 days suspension for a first offense and one year suspension for a subsequent refusal, with serious limits on the MVA's ability to modify this suspension such as for a work license, etc.)  Drivers who have previous DUI convictions need to consider carefully the wisdom of taking a breath (or blood) test.

DUI's TWO ROADS

Most first-timers get easily confused about the problems they face with the MVA as opposed to the court system.  Refusing a chemical test (usually the breath test) or testing at .08 or higher will cause MVA to attempt to take action against your right to drive (and it is a right regardless of what MVA may say).  Driving under the influence of alcohol or while impaired by alcohol or drugs is also a violation of the laws of Maryland and must be adjudicated by a court.  Therefore, you will find yourself in a courtroom.  If convicted of any of the various drinking driving offenses, MVA can and will take action a second time for the alcohol conviction and/or the accumulation of points. 

CHOOSING A LAWYER

Who do you want to defend you?  Somebody cheap?  It is always a good idea to spend your money wisely.  But if you need brain surgery, your first concern is probably not price.  After arrest, your main goals are:  no jail time, the cleanest record possible, a low fine, and acceptable terms of probation.

THE RIGHT ONE

It's easy to know the right lawyer;  he's the one with whom you are comfortable.  A lawyer should not take your money unless you and he believe he can help you.  Even if you have retained (paid) one lawyer, you can always go with another.  You need to feel you are with the right one.  Here are some questions to ask your current or prospective lawyer:

1)  How many ... (i.e. DUI, drug possession) cases have you handled, and for how many years?

2)  What percentage of ... cases have you actually taken to trial (as opposed to "pleading out")?

3)  What is your "theory of defense" in my case (how does he plan to defend the charges against you)?

4)  How many CLE ("continuing legal education" - classes taught to other attorneys) classes have you taught and in what subjects?

5)  What do I need to do?  (get a written list from the lawyer)

MAKE IT EASY

If you make it easy for your lawyer, he can do his job more efficiently and effectively (this may also save you money).  Bring the following to your first meeting with your lawyer (a good lawyer should tell you in advance to bring these things - this is the first test for the lawyer):

1)  Non-certified (cheaper) copies of your complete and Probation Before Judgment driver's records.  Go to any MVA office (including express offices), take photo ID, and fill out the request forms available at the MVA office.

2)  All papers you received from the police (and/or commissioner).  This includes charging documents (tickets and/or statement of charges), advice of rights form (DR-15), temporary license and order of suspension (DR-15A "Officer's Certification and Order of Suspension"), chemical test results form(s), and any other papers from the arrest.

3)  If your license is from a state other than Maryland, a complete driver's record from that state.

4)  A brief written history that includes:  a)  your version of the events of the arrest including what you did the entire day of the arrest, with whom you spent the day, where, what, and how much you drank, and all other relevant information about the arrest;  b)  a brief life history including education, prior criminal/traffic arrests, alcohol/drug history including previous education or treatment, and current school, work, and family information.

5)  You should bring a very brief financial statement including income for youself (and your spouse) and monthly expenses.

6)  Any evaluation and/or treatment report from an alcohol treatment facility.

7)  Unfortunately, you should also bring your checkbook.

ALCOHOL TREATMENT

Anytime you have an alcohol or drug charge, you need to have an evaluation and either education (often six weeks, once per week) or treatment (often twenty-six weeks, once per week).  In Maryland, there are some requirements for evaluation, education, or treatment in certain cases.  It will always work to your benefit if you do so, and it can work to your extreme detriment if you fail to do so.  In some locations in Maryland, the only viable source of treatment is with the county health department.  However, in many places there are private facilities that provide more convenient and individualized treatment.  Private facilities are often easier to work with. 

COSTS

The cost of a DUI will vary greatly throughout the State of Maryland.  Attorney fees also vary greatly.  Remember, everything is negotiable.  However, the simpler the matter, the less "wiggle room" in the fee amount.  And you usually get what you pay for.  Many lawyers will work for a "flat fee".  That way, you know exactly what your lawyer will cost you ahead of time.  Without a flat fee, a lawyer is free to claim he performed many hours of time in your case and send you a big bill in the end.  A flat fee should include all work through sentencing (if necessary) for the court side of the case and the first MVA hearing on the breath test (either the refusal or the score of .08 or higher).   Court fines and the costs of treatment also vary greatly throughout the state and with severity of each case.

SUMMARY

An arrest is not the end of the world.  The defendant must take his obligations seriously.  A little hard work, some money, and a lot of time will almost always put things back in order.  Find a lawyer you like and trust, and all will be well.