Legal Question in DUI Law in Maryland

I was drinking at a bar and I everything after I do not remember. This is what my 2 sober friends told me. We left the bar I was in the back seat and my pregnant wife was driving my truck. She didn't feel comfortable driving becuase she is 38 weeks pregnant and wasnt feeling well. She then pulled over to the side of the road and switched with my friend that was in the passenger seat. A cop pulled up behind us and asked what was going on and thats when I rolled down my window from the back seat and told him we were switching drivers. I guess he assumed I was driving. Then cop then told me to step out of the car and had me perform a field sobriety test. Then took me to the station and had me blow. Let me remind you that I do not remember any of this. After blowing a .16 he then wrote me up for DUI, DUI per se, and DWI. My 2 friends which were completely confused and just followed orders because none of us have been in a situation like this before. They tried to tell the police man what happened but he was more focused on me. I woke up the next morning and now stuck in this mess. I need help.


Asked on 2/12/10, 3:20 pm

3 Answers from Attorneys

Scott Athen, Esquire Law Offices of Scott C. Athen, P.C.

You need to speak with an experienced attorney who is well-versed in DUI defense, and all of the potential defenses. You were likely issued a "Officer's Certification and Order of Suspension" (2 copies). The second copy MUST be mailed to the address on the back of the form with a check in the amount of $125.00 WITHIN TEN (10) DAYS of the date you were arrested, if you want to preserve your ability to drive. I always provide a free consultation, and you can reach my by clicking on my name below.

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Answered on 2/17/10, 3:32 pm
William Welch William L. Welch, III Attorney

Your witnesses are critical to your defense, because you do not remember, and the cop who cited you may try to make your statement into a confession about driving. They can challenge what the officer says. I offer a free initial consultation.

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Answered on 2/17/10, 4:04 pm
Dipo Akin-Deko Akin-Deko Professional Services Firm PLLC

Both above have given you great advice especially in regards to your witnesses. You have a short period of time to make sure that your privileges to drive are not suspended so get with a DUI/DWI asap to 1) keep your privileges and 2) build up your valid defenses.

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Answered on 2/18/10, 9:32 am


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