Frederick DUI Arrests
When a person is arrested for a DUI in Frederick, that person is taken to a police station upon their arrest and it is at that police station that they are processed and a formal breathalyzer test is going to be offered to them.
What happens after a DUI arrest in Frederick also involves a review of rights. A form called a DR-15 Advice of Rights Form is reviewed with them where they understand that they are being offered a breathalyzer test and what the consequences are of blowing a certain result or refusing that result. Then that person is offered the opportunity to take that test. After which, they are given a number of different citations or charges and then typically are released because the nature of DUI offenses is not the type of case where they would need to post a bond or see a commissioner unless they have multiple offenses, or perhaps there was a very serious collision and further determination needs to be made regarding conditions of release.
Refusing BAC Testing in Frederick
A person can refuse to take a BAC test no matter what circumstances they find themselves in. There is no rule that says in Maryland refusing a BAC test is a crime. While it is a crime in other states, in Maryland it is not a criminal act. A person is not authorized to refuse that test and should know that the consequences they face for their driving privileges are more serious based upon the Motor Vehicle Administration in most circumstances than if they had taken the test at the police station regardless of the result. However, often times, even if the consequences to their license are more serious, a refusal of a breathalyzer test, particularly if they expect to get a very high BAC, is usually more helpful to their case than if they took that breath test.
Consequences for Refusal
The consequence for refusing a breathalyzer test might occur in a criminal courtroom. A judge would be able to use a refusal as a presumption that the person refused because they believed that they were going to fail the test. That is just one factor to the criminal charge themselves. That is not itself a dispositive piece of information with respect to the entire case in determining guilt or lack thereof. Refusal, on the other hand, at the Motor Vehicle Administration, has a more significant consequence because of what is called the implied consent law as it pertains to DUI. This means that when a person gets a Maryland driver’s license, they are agreeing that they will take a breathalyzer test or face a suspension of their privilege to drive if they refuse it, regardless of what their result was.
When to Contact an Attorney
An individual should contact a DUI attorney as soon as they are charged with a DUI. Sometimes, some police officers will give an individual an opportunity to contact a defense attorney at the police station when they are in custody, perhaps even before they have taken a breathalyzer test. The sooner that a person contacts a defense attorney, the better. Whatever happens after a DUI arrest in Frederick, a person should contact an attorney.
Contacting an Experienced DUI Lawyer
People are entitled to an attorney at every stage of the criminal process. Having a lawyer during the bond process is extremely important in making sure that the court has a clear picture of exactly what is going on, what the conditions of the bond should be, and why. It can be difficult to call an attorney before an arrest, but a person should try if they can. What happens after a DUI arrest in Frederick is important and a person should be informed.