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Field sobriety tests can be inaccurate
When police officers in Maryland stop a driver whom they suspect is impaired, they may ask the driver to take a series of field sobriety tests. These standardized field sobriety tests are utilized by officers to gauge a person’s impairment due to alcohol or drugs. Law enforcement agencies can use field sobriety test results to establish probable cause for DUI arrests, so many people assume that the tests are infallible and accurate. However, these tests are not 100% accurate.
Accuracy of field sobriety tests
In the late 1970s, a study was conducted by the National Highway Traffic Safety Administration (NHTSA) and the Southern California Research Institute (SCRI) to evaluate the accuracy of dozens of field sobriety tests. In the study, the SCRI asked 10 officers to watch subjects perform various tests. After viewing the subjects, they asked the officers to decide whether the participants had a blood alcohol content (BAC) of .10 or higher.
Entendiendo el proceso de defensa contra acusaciones de DUI en Maryland
Cuando una persona es detenida por sospecha de conducir bajo la influencia del alcohol o drogas (DUI por sus siglas en inglés), el proceso legal que sigue puede ser complejo y abrumador. Es fundamental conocer los pasos que involucra este procedimiento para estar mejor preparado para el largo camino que lo espera.
Las etapas iniciales del proceso de DUI
El proceso comienza con la detención por parte de la policía, que puede requerir la realización de pruebas de sobriedad en la calle. Si el oficial tiene motivos para creer que está bajo la influencia de alcohol u otra sustancia embriagante, o si usted se niega a tomar una prueba de alcoholímetro, usted puede ser arrestado y llevado a una estación de policía (enlace en inglés).
No resista el arresto; aun así, es esencial que usted invoque su derecho de permanecer en silencio y su derecho de tener un abogado a su lado. No diga nada a la policía que pueden usar contra de usted durante su interrogación hasta que llegue su abogado.
Reality television star Karen Huger facing DUI charges
Anyone from all walks of life here in Maryland and across the nation can occasionally make a mistake. No matter one’s status in society, if that mistake involves driving while under the influence of alcohol, the potential consequences could be life-altering. Fortunately, there is professional support available to everyone who suddenly faces DUI and other related criminal charges no matter the unique circumstances of the arrest.
Prominent reality television star Karen Huger of the Real Housewives of Potomac is facing criminal charges after recently wrecking her vehicle. The incident took place late on a Tuesday night in Montgomery County. Law enforcement alleges that Huger’s vehicle went over a median before striking two different traffic signs. Her vehicle reportedly suffered extensive damage, leaving it inoperable.
St. Patrick’s Day crackdown results in several DUI arrests
Driving under the influence of alcohol or drugs is an ongoing and very concerning problem in Maryland. Every year, hundreds of people are injured or killed in accidents caused by impaired or drunk drivers. Law enforcement agencies across the state are increasing patrols and conducting frequent DUI checkpoints to keep roads safe and combat drunk driving in Maryland.
Recent DUI crackdown
Recently in Montgomery County, law enforcement agencies conducted a DUI crackdown over St. Patrick’s Day weekend. The crackdown was spearheaded by officers from the Montgomery County Police Department along with troopers from the Maryland State Police. Reports said officers made a total of 13 DUI arrests and one criminal arrest over the weekend while making 82 traffic stops.
Officers said they also issued 129 traffic citations, 64 traffic warnings and 21 safety repair orders during the crackdown. Reportedly, this data does not include arrests made by patrol officers on duty and only includes arrests made by saturation patrol detail officers. Therefore, police said the total number of DUI arrests made over the weekend is likely higher.
DUI versus DWI in Maryland
Driving while under the influence of alcohol is illegal – it’s also incredibly dangerous. Yet, every year, thousands of drivers in Maryland are arrested for driving impaired. These accusations can not only have disastrous impacts on a person’s life for many years but could also result in jail time. In Maryland, drivers can be charged with driving under the influence (DUI) or driving while intoxicated (DWI). There are a few key differences that determine whether a driver will receive a DUI or a DWI charge.
Comparing DWI and DUI charges
In this state, when a driver is arrested and suspected of being under the influence of drugs or alcohol there are two possible offenses recognized by the law. These are DUI and DWI. DWI is the lesser of these two offenses.
Drivers can be charged with DWI if the evidence suggests the driver was impaired to some degree by alcohol or drugs, which also includes legal drugs. Drivers can be charged with DUI, a more serious offense, if they are impaired by a controlled substance or have a blood alcohol concentration of .08 or higher. It is also important to note that Maryland drivers who are under the age of 21 are also subject to zero tolerance laws, which means they can be charged if their BAC is .02 or higher.
How accurate is the horizontal gaze nystagmus test?
When Maryland drivers are stopped by police and suspected of being intoxicated, officers will usually ask to administer several field sobriety tests. The horizontal gaze nystagmus (HGN) is one of three standardized field sobriety tests that officers often administer to evaluate impairment. However, like all field sobriety tests, the horizontal gaze nystagmus test is not 100% accurate.
What is horizontal gaze nystagmus?
Horizontal gaze nystagmus is a medical term that describes the involuntary jerking of the eyeballs. When a person is intoxicated, this jerking in the eyes becomes more prominent and noticeable. Before administering the HGN test, the officer is supposed to examine the individual’s eyes to gauge their resting nystagmus, pupil size and tracking to see if both eyes can follow an object together.
Administering the horizontal gaze nystagmus test
To administer an HGN test, the officer will hold a small object, usually an ink pen, about 12-15 inches from the individual’s nose. The officer will then move the object slowly from one side to the other. The individual will attempt to follow the object with their eyes while keeping their head still. The officer looks for any jerking or bouncing in the eyes and will also look for nystagmus before the eyes get to a 45-degree angle.
Lo que un abogado puede hacer para un acusado de DUI
Cuando una persona es acusada de conducir bajo la influencia del alcohol o las drogas, puede recibir cargos por conducción en estado de ebriedad (DUI por sus siglas en inglés). Los acusados pueden enfrentarse a un proceso legal complejo y a menudo intimidante. El estado de Maryland tiene leyes de DUI que son particularmente estrictas comparadas con las de otros estados, y puede haber consecuencias graves para quienes son condenados. Es aquí donde un abogado dedicado a defensa contra cargos de DUI es un aliado crucial.
Puede asegurarse de que se respeten sus derechos
Un abogado de DUI que trabaja en esta zona tendrá una comprensión profunda de las leyes de tránsito y las regulaciones relacionadas con los DUI en Maryland, incluso las posibles consecuencias a largo plazo de una convicción. Por ejemplo, conducir mientras se está impedido por el alcohol es un delito grave que puede resultar en multas sustanciales, la suspensión de la licencia de conducir, e incluso tiempo en la cárcel (enlace en inglés).
Advocates want to fix apparent loophole in DUI law
Driving while under the influence of alcohol is a big issue in Maryland. This concerning problem has caused police forces across the state to ramp up enforcement efforts to prevent crashes and keep roads safe. Although Maryland has strict penalties for those convicted of DUI, some say a "loophole" in a DUI state law needs to be addressed to save lives.
Noah’s law
Advocates are urging for a loophole to be fixed in the law requiring penalties for DUI offenders. The apparent loophole is under the 2016 Noah’s Law. The law states that individuals who have been convicted of alcohol-related offenses must have an ignition interlock system installed in their vehicle. This device prevents the vehicle from starting unless the driver can pass a breathalyzer test.
However, according to Mothers Against Drunk Driving (MADD), the loophole in the current law is with first-time DUI offenders who are serving probation before judgment. Apparently, individuals in this scenario are not required to have an ignition device in their vehicle. In 2022, advocates said the ignition interlock program prevented more than 3,600 attempts to operate a vehicle when the driver’s blood alcohol level was over the legal limit. The CEO of MADD said new legislation is needed to close the loophole and save lives.
School board candidate accused of DUI
Being arrested and charged with driving under the influence can affect a person in many ways. It’s enough to cause sleepless nights, not to mention embarrassment and irreparable damage to one’s reputation and public image. According to police in Anne Arundel County, a school board candidate for District 5 was recently arrested and charged with driving under the influence.
Incident details
Reports said Maryland police initiated a traffic stop on a vehicle driven by the candidate near Tolstoy Lane and Lower Magothy Beach Road around 7 p.m. Officers said the driver was offered a sobriety test but noted that a test was not administered. Apparently, police were not able to confirm if the driver refused the test. Police said the candidate was arrested and charged with driving while impaired by alcohol, driving while under the influence of alcohol and other traffic-related charges.
What are the penalties for a DUI conviction in Maryland?
Dealing with the Maryland legal system can be a daunting experience for almost anyone. This can especially be true for individuals who are suddenly facing charges of driving under the influence of alcohol. Thoughts of losing one’s license, potential fines and even the possibility of serving jail time may cause a lot of sleepless nights.
Differences between a first and second offense
The penalties for a DUI conviction in the state of Maryland can vary significantly based on whether the individual found guilty has any prior offenses. For a first offense, the accused could potentially serve a jail sentence of one year or less and be fined up to $1,000. One’s license could also be suspended for up to six months.
In the case of a second conviction, the person found guilty could potentially serve up to two years in jail while also facing a fine up to $2,000. There is also a five-day mandatory minimum jail sentence, and the revocation period for driver’s license suspension is up to a full year. If both convictions take place within a five-year time period, the accused will be required to complete the Ignition Interlock Program once the mandatory license suspension is over. For offenses beyond a second conviction or in situations where a minor was a passenger in the vehicle, much harsher penalties typically apply.

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