What Happens After a DUI Arrest in Anne Arundel County
It is important for individuals to understand what happens after DUI arrest in Anne Arundel County. Being informed of one’s rights could help a person respond to their DUI allegations in a proper manner and could help them fight back against any criminal cases. Consulting a dedicated DUI attorney could be beneficial for your DUI case.
Immediate Aftermath of a Drunk Driving Arrest
If the field sobriety tests are administered at a DUI stop, and the police believe they have justification for making an arrest, they will bring the person back to the police station. The person will first be subject to a 20-minute observation period. During this time, they cannot eat, drink or put anything in their mouth. They will be advised on what is called the DR-15 advice of rights, and other matters, and are informed of the penalties and sanctions of refusing the breath test.
Once they have the necessary information, the individual will be given the opportunity to contest. If they do not take the test, they will sign a few forms and will either be discretionarily released, which is the officer’s right, or will be fully booked. If they consent, law enforcement personnel will administer the breath test, or intoxilyzer.
After booking, they will be processed and sit at the station for a few hours before seeing a Commissioner and getting released. Since the whole point of a breath test is to determine whether the person is impaired or broke the law, it is one of the first things that is administered by the police. A person will often be released if they give a low read on the test.
When Can a Person Refuse the Breath Test?
A person can refuse a test for any reason, but they could face numerous consequences for doing so. They could be subjected to a loss of their driving privileges in Maryland for nine months, or could alternatively get an ignition interlock device for a year. In a criminal case, they may also be subjected to enhancement. This means two additional months of potential incarceration for refusing. While this enhancement is rarely imposed, it is a sanction that a person could face.
What to Expect After Being Arrested and Before Being Released on Bail
After a defendant is arrested and before they are released on bail, they will sit for a while for processing. It is a matter of waiting around. This will typically take anywhere from a few to up to a dozen hours. It depends on how busy they are and how quickly they are moving. A DUI lawyer could speak to what happens after DUI arrest and before a bail release in Anne Arundel County.
Jail in Anne Arundel County
Jail is detention where the person is held in a holding area. Anne Arundel County is generally considered one of the safer counties for people to be held. Individuals who are sent to jail would typically be held in a holding area, in a jail cell, or in the larger area with other individuals being held.
Medical Resources Available at the Jail in Anne Arundel
After a DUI arrest, a person could receive medical attention if they need it immediately. If a person is in an accident, they will go to the hospital and not the police station. If they seem well initially and later develop problems, or if they are so intoxicated that they cannot function, they will not be taken to jail. Medical attention can be immediate or later on, depending on the need. If an individual’s condition is not severe enough for them to be taken to the hospital, there are medical personnel that could provide them with services.
Officers must use their own observations of the person’s behavior to determine whether the individual needs medical help. If there is an accident, and it is a serious accident, officers will often call for medical attention regardless of whether the person asked for help.
A police officer must always be mindful and prioritize the health and safety of all individuals. This includes the person suspected of a DUI. If officers do not follow the protocol, it compromises their integrity, competency, and thoroughness. This could be a challenge to the overall case. To determine if a person needs medical attention, the officer could primarily ask, “Do you need medical attention?” The person could also ask the officer for help.
How Medical Attention Could Impact a Person’s Defense
While it is not necessarily a defense against DUI allegations, showing that the person did not receive medical attention could compromise and undermine the credibility of the police officer. It could show that the police blatantly disregarded the individual’s safety and health, if it was clear they needed help.
Receiving medical treatment will typically help individuals. If a person is injured and needs medical attention, it could undermine and prevent police from being able to do their full DUI investigation. Going to the hospital before the field sobriety tests could prevent them from going to the police station for a breath test.
Since medical attention will frequently take priority, the police cannot do the regular testing protocol and building of the case to be convinced of the defendant’s guilt. If it is a serious accident and the person goes to the hospital, they could always be asked to take a blood test to check for alcohol. While this is always a possibility, the individual would not be condoned for not taking the test.
Refusing Medical Attention
A person could always refuse a medical test. While their refusal may not have anything to do with a potential DUI, the law gives any person the right to turn down even life-saving medical treatment if that is their desire. A person may choose to do so for personal reasons, religious reasons, or anything else.
Important Steps to Take During the Ten Days After a DUI Arrest
Following a DUI arrest in Anne Arundel County, the person should immediately reach out to an attorney to build a defense in their case. There are certain things a person must do within ten days to preserve the ability to keep their driver’s license. For example, there are two components to any DUI case. There is the criminal case, and there is also a second administrative case against a driver’s license. If a person wants to be able to keep driving or request a hearing, they have certain limitations. There are follow-up questions within ten days if they do not wish to be suspended while waiting for their hearing.
While people often come to attorneys several weeks after their arrest and find a defensible position, they may miss the deadline and could be suspended or forced to take an interlock. It should be noted that nothing happens to a person’s license for the first 45 days regardless. No suspension starts until the 46th day. Regardless, they have that automatic right so long as they are otherwise licensed. For a person to get a restricted license, they must request a hearing within the ten days and must blow under 0.15 to be eligible.
Nothing is more impressive to the judge than a person who is proactive in dealing with their case. A person could take it upon themselves to go into a program or start remedial steps immediately. This may show the judge that the individual has made the case a priority. The judge may see that the person respects the law and is not waiting to the last second before doing anything.
Recent Changes in License Suspension Periods
Recently, the suspension time periods for DUIs have increased. For example, a person who blew 0.13 in the past would be facing a 45-day suspension. Currently, they would be given a six-month suspension. A refusal would cause a four-month suspension in the past. It is currently a nine-month suspension for a first offense.
How to Challenge a License Suspension in Anne Arundel
To challenge an Anne Arundel County license suspension, a person should request a hearing within the first ten-day window after their arrest. They must also provide a $150 hearing fee. Upon the request, they will get a hearing at the Office of Administrative Hearings in Hunt Valley, Baltimore County. This is where all hearings are held. It is the appropriate time to challenge the refusal or the breath sample or otherwise request a modified license.
If a person chooses not to contest a license suspension, they will be suspended for six or nine months after 45 days from the date of the incident. Alternatively, they could opt into the interlock program for a year and have a device stored in their car. Upon entering this program, they will not be suspended if they have the device for the year.
How to Obtain an Official and Temporary ID Card
After a suspension, a person could technically go to the MVA and get an ID card temporarily. Maryland is required to give residents the temporary ID. While they cannot get another license after their suspension, they could get the ID cards. The individual must be a resident to be entitled a government-issued ID. Before their standard license is reissued, they must turn the ID card since they cannot have both.
Formal Review Hearing Process in Anne Arundel
The hearing itself is not in front of a district court judge and takes place before an administrative law judge. It is a fairly brief hearing, where the administrative law judge will hear from the defendant and their attorney.
The hearing review will present what is being requested regarding the suspension. This could be a challenge to the incident itself or simply a special request regarding what to do with the case. While it all depends on what the accused person wants to get, the hearing is fairly brief with no third-party witnesses.
The judges do have some limitations since they only have so much authority to impose or provide certain allowances. The hearing could be brief and the person could be given a written decision even if the DUI itself happened in another county.
If a person loses a hearing, they have the right to appeal their case within 30 days to the Circuit Court of Anne Arundel County. To request a formal review hearing, a person should consult their Anne Arundel County attorney and learn what happens after their arrest.
When to Contact an Attorney
After a DUI arrest, a person should contact an Anne Arundel County attorney at their first opportunity. This chance typically presents itself before deciding whether to submit to the breath test. It should be noted that individuals cannot contact their attorney during a stop itself.
Defendants should also get an attorney experienced with the DUI case process before attending their bond hearing, since this is an opportunity to get them released. A lawyer could be helpful to ensure that a person is released at their first opportunity.
An Anne Arundel Lawyer Could Provide Guidance
Speaking to a DUI defense attorney could be crucial to learn what happens after DUI arrest in Anne Arundel County. A local lawyer will have familiarity with the courts and the judges that a defendant may face. A lawyer could explain which defenses can be raised for the accused and which strategies they could employ in court.