Common Bethesda DUI Misconceptions
There are many common misconceptions about Bethesda DUIs that an individual may not be aware of. For example, many people believe that if they are not displaying any obvious signs of impairment or intoxication they will not get in trouble for having a certain level of alcohol in their system.
However, because of the way that the statutes are written, per se violations of the statutes can still lead to a criminal charge. This means that a person could appear to be perfectly fine and their motor skills could appear to be perfectly intact, if their breathalyzer test results are above a certain limit they can be criminally prosecuted for driving under the influence or impaired by alcohol.
If you are facing a DUI charge, it is crucial that you contact an attorney immediately to begin crafting an effective defense. An experienced lawyer may be able to help reduce or dismiss any potential consequences you may be facing.
Appearance of Intoxication
Another example of a Bethesda DUI misconception includes how a person appears to be with respect to being slightly buzzed is part of the evaluation that an officer conducts. When an officer is pulling an individual over for a regular traffic violation and they observe an odor of alcohol, slurred speech, or blood shot eyes, as examples, they begin their investigation.
It is at that point that they could ask an individual to get out of the vehicle and begin conducting field sobriety tests to determine whether or not they have probable cause to place that person under arrest.
Being in a Vehicle at Home
If a person is in their garage or driveway and the vehicle is not moving, there are good arguments for why they are not considered to be driving. These arguments surround the statute defining driving in a criminal violation of the traffic article for driving under the influence or driving while impaired by alcohol.
But if they are in a moving vehicle, even if it is on private property, there are public safety concerns associated with that, and for that reason, people can be criminally prosecuted for such behavior.
It is unusual that police officers would be surveying private lands and private roadways, but it happens quite often. A person should not be under the misconception they cannot be charged while driving under the influence or driving while impaired on private roadways, as this is one of the most common misconceptions in Bethesda DUI cases.
One of the most common misconceptions about a Bethesda DUI is people believing that they have to submit to standardized field sobriety tests or a breathalyzer test. In Maryland, they do not have to submit to those tests. If the individual feels uncomfortable taking standardized field sobriety tests because of injuries or because they just do not believe that they will do well on them, they do not have to submit to these tests.
Further, if they feel uncomfortable taking a breathalyzer test for a multitude of reasons, whether it is because of health concerns, shortness of breath, medications that they are taking, or the belief that they are not going to do well on that test, they do not have to submit to the chemical breath test either.
It is important for everyone to recognize that just because officers are in an official capacity and wearing a badge does not mean that they can push people to participate in any particular kinds of testing. In Maryland, if someone is not comfortable doing the test, itis perfectly fine to politely refuse. This is among the most commonly believed misconceptions about Bethesda DUIs that is simply not true.