Proof of DUI

Are you wondering how intoxication is proved in a DUI case in Maryland? Check out this video about proof of DUI and then call our office.

Question:

How is intoxication proven in a DUI case?

Answer:

Cindy: How is intoxication proven in a DUI case? That’s our topic on this episode of State Law TV. My guest today is Andy Alpert, a nationally renowned defense DUI lawyer, and he’s going to talk with us about this topic. Andy, thank you for being here today.

Andy:  It’s my pleasure to be here.

Cindy: Andy, how do the police prove intoxication?

Andy:  They prove intoxication in two ways, Cindy. The first way that you can prove intoxication is through the outward appearance depicted to the police officer. The police officer comes into court and testifies that they stopped the car because it was weaving all over the roadway or some other reason for the stop. They came into contact with the person. They detected an odor of alcohol about their person. They had red and glassy, bloodshot eyes. They had slurred speech. Their face was flushed and any other sort of visual cues that they might see, then when they asked them for their license and registration, they fumbled for them or they couldn’t produce them or they produced a credit card instead of a license.

Then, the police officer might say now it’s time for you to get out of the vehicle to do some field sobriety exercises. They want to watch the individual getting out of the vehicle to determine whether or not the person is steady on their feet, whether that person can walk back to the rear of their car and make observations concerning what they would normally associate with someone who’s intoxicated or under the influence of alcohol. In addition, they then would administer, typically in Maryland, three standardized field sobriety exercises.

The first one is called the horizontal gaze nystagmus test. It’s an eye test to determine whether or not there’s alcohol or any other central nervous system depressant in your system. The second one is the walk and turn test. The third is the one leg stand test. They then evaluate your performance on those three tests. They’re trained in how to do that. They make notes about that. That’s the first way that you can prove someone is intoxicated because in Maryland you can prove intoxication but you don’t necessarily need a breath test.

The second way that you can prove intoxication in and of itself is by having a breath test. In Maryland, if you have a 0.08 or greater grams of alcohol per 210 liters of breath in your system within two hours from the time that you are stopped or apprehended by the police officer, you are then considered what’s called DUI. You can be DUI just for having that alcohol in your system alone. Most cases attempt to combine both elements, in other words, observations of the police officer combined with the breath test or the blood test, depending upon circumstances.

Cindy: Let me ask you this. Does the person that is in the vehicle have a right to refuse these tests?

Andy:  In Maryland, there is no statutory requirement, that means there’s nothing in the law that says you have to comply with the police officer and do field sobriety exercises. You don’t have to do field sobriety exercises. It gets a lot trickier when you ask questions about whether or not someone has to take a breath test or not. In Maryland, you have the right to refuse a breath test, but there are consequences that come with refusing a breath test or blood test in the state of Maryland, depending upon the circumstances. That gets explained to you at the time you’re taken into custody by the police officer if the police officer is doing their job correctly.

Cindy: As an experienced DUI attorney, do you have a recommendation one way or the other as to whether someone should refuse those tests?

Andy:  I can’t make that recommendation because it’s so dependent upon the circumstances of each and every individual arrest. You do have the right to consult with an attorney prior to doing any type of a blood or breath test, as long as you do not interfere in the timely administration of the test.

Cindy: Andy, if someone has specific questions, how can they reach you?

Andy:  The best way to reach me is to call my office, which is 301-262-7005. If you are on the side of the road or at the station and you need to know what to do and you’ve asked to speak to an attorney, you can call my cell phone, which is 301-775-4572. If you want further information, in general about DUI and specifically about our firm and how we handle DUI cases, you can go on the internet at www.andrewalpert.com or maryland-dui.com.

Cindy: Very good. Andy, thank you so much for being here today.

Andy:  Thank you for having me.

Cindy: This is Cindy Speaker for State Law TV.

Have you been arrested for DUI in Maryland and have questions about proof of DUI?  Contact our experienced Maryland DUI attorneys to fight for you.