Individuals arrested and prosecuted for state or federal criminal law violations require the assistance of a trustworthy Howard County criminal lawyer. These violations may be misdemeanors or felonies and can lead to negative consequences if convicted. The individual may be incarcerated, pay heavy fines, or gets a criminal record, and that doesn’t address the problems that he or she will encounter in their personal lives. Their family, friends, employers, and social standing will be negatively affected by the incarceration. These reasons are why you need a Howard County criminal lawyer who will work on your side and be the best advocate possible.
Howard County criminal lawyers handle cases from misdemeanors like probation violations, traffic violations, and shoplifting to serious charges like assault, DUI, murder/manslaughter. A Howard County criminal lawyer also provides services in both adult and juvenile courts. Having the right Howard County criminal lawyer can help you assess the seriousness of the charges and what criminal processes will take place. 
An individual may be stopped by a police officer if and when the officer has probable cause. The officer may then ask the individual questions which he or she is not required to answer. At this point, the individual is not under arrest. It is simply a stop and possible search or frisk. If arrested, a police officer must have probable cause that the individual probably committed or will commit a crime. The individual is then booked at the police station where they are fingerprinted, questioned, searched and interrogated. Formal charges may then be brought against the individual followed by an arraignment within 24 hours of the arrest. At the arraignment, the individual submits a plea towards the criminal charges brought against them, and bail is set. A pre-trial conference and hearing may occur if the individual’s case is handled in the Circuit Court. If so, this step allows the individual’s Howard County criminal lawyer to work with the prosecutor and determine if an agreement can be reached and a trial avoided. Cases that don’t reach an agreement must then go to trial where the individual has the right to choose a trial by a jury of his or her peers. Jury trials may also be waived by the individual by pleading guilty or moving forward with a bench trial. If found guilty, appeals are the final step, and individuals generally have 30 days to appeal a verdict.

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Finding a lawyer in Howard County Maryland who practices criminal law could be vital if you or someone within your family is put in a position of needing a criminal defense lawyer.

In some situations, getting criminal defense from Howard County Lawyers is absolutely vital, as it can be the difference between making your way through difficult times and charges, and having to pay vast financial and sometimes personal costs because of the outcome of legal proceedings.

If you suspect you or someone you know in Howard County may be in a situation where legal counsel is needed, then finding representation in close to home is important. Howard county lawyers will be more familiar with specific circumstances within the county and specific rules and regulations that can help prove your innocence.

When looking for any legal representation, it’s important to find a lawyer who clicks with your personality. Trust between lawyers and their clients is critical to a successful defense, and if you meet with a lawyer and don’t feel that you will be able to work with them for an extended period of time, then it’s important (if the option is available) to try and speak to additional lawyers who may be able to offer alternative perspectives and approaches to your case.

In criminal defense law, a defendant faces monetary fines or even prison time if the court fails to rule in their favor. Unlike suits raised between individuals, the government is involved, and a Howard County lawyer who is familiar with criminal defense is better able to anticipate the needs of clients operating within their jurisdiction than someone who works farther afield. If an individual has an issue within Howard County which requires the attention of the courts, then by hiring a lawyer (rather than attempting to represent themselves) they will have access to a better pool of contacts, knowledge, and familiarity with the local legal system which can only benefit them during their legal struggles.

It is difficult to imagine being the person who is in need of legal counsel for criminal defense reasons, but many factors can contribute to this kind of situation, and the first, best step for getting out of the situation is to hire a competent attorney. For those who find trouble with the law in this area, hiring a Howard County lawyer is a good first step toward resolving your legal issues.

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Criminal law cases are handled by a state prosecutor, and anyone convicted of committing a crime may be sentenced to jail, fined, or both. The typical case consists of two main elements—the act that was committed and the mental state of the suspect at the time. In order to convict, the prosecutor must prove both elements of the crime and convince a judge or jury that this person is guilty “beyond a reasonable doubt.” The crime in question may be either a more serious offense (or felony), or a less serious offense (or misdemeanor).

What you should do

If you are accused of a crime, you should contact a Howard County criminal attorney immediately to protect your constitutional and legal rights, review the details of the case, and explain the various scenarios that might unfold. If you fail to do this, your future and the severity of the punishment you receive will be jeopardized. (Also, our system of “due process” ensures that you will be given a fair hearing.)

The stages of a criminal case include:

● An investigation – The police will gather evidence, review the facts, interview witnesses, and secure an arrest warrant for the accused.
● Arrest and bail – The judge will set bail, based mainly on the merits of the prosecutor’s case or the severity of the crime, or determine that the suspect must be incarcerated until the trial takes place.
● Arraignment – Here, the judge will inform the suspect of the pending charges and ask what the plea will be, determines of he or she has an attorney or would like one appointed by the court, and schedules future court dates. In felony cases, there will also be a preliminary hearing, and “plea bargaining” is also a possibility. A Howard County criminal attorney can be especially helpful to the defendant throughout the entire process, from investigation to sentencing.
● Trial and Sentencing – At this point, the defense attorney and the prosecutor give their opening and closing statements, question witnesses, and present the evidence. If the defendant is found guilty of a crime, the sentence imposed may include fines, incarceration, probation, restitution, and court costs.

In general a felony is a crime punishable by a term of incarceration that exceeds one year (or by death), and a misdemeanor is an offense punishable by incarceration for a year or less, and a fine may also be imposed.

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The lawful system can appear difficult and occasionally strange. You owe it to yourself to have a capable Howard County criminal attorney who has the knowledge to steer through the system while defending your rights and your future.

The system has slight compassion for those accused of crimes, correctly or incorrectly. Your attorney will rise up for your rights and increase a strong criminal protection. 

How an Attorney can assist

Howard County criminal attorneys will keep you well-versed concerning the criminal justice procedure. And as well allow you to recognize what can be done to battle the accusations or lessen the penalty of appeal or conviction.

Arrested? What to Do

-Utter nothing. All you say can and will be applied against you. 

-Don’t utter anything and don’t sign anything (excluding regular clerical documents). Respectfully tell the police that you would like to collaborate, however that you require speaking to your attorney, and aspire to have your attorney in attendance throughout any inquiring. Then don’t utter anything else.

-Be supportive, civil, respectful, and do as you are told (excluding admit). 

- Several papers to sign will be given to you. They are normally regular documents that you should study them and then sign.

Bond

After you are arrested, you will be taken before a commissioner, who will decide the conditions of your release, which will feature in your criminal background, your binding to the society, and the scenery of your crime. Occasionally you may be able to obtain a 10 percent bond. Request for this. 

If you forfeit the bond and you have a sensible reason, an attorney may be able to assist obtain the warrant cancelled and the bond restored.

Preliminary Trial

Call a Howard County criminal attorney if your feel you may want a preliminary trial, or you have applied for one.

Crime Categories

In Maryland, as in most areas, crimes are broken down into two types. Normally, felonies are more severe crimes than misdemeanors. Whether a crime is a felony or a misdemeanor is spelled out in Maryland laws.

Jury Testing

Anybody charged with a crime (felony or misdemeanor) that bears a prospective punishment of 1 year or further is at liberty to a jury trial. 
You and your attorney will go through a procedure of jury assortment on the day of trial.

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When an individual in Howard County, Maryland is charged with a criminal violation of the law, it is imperative that a Howard County criminal lawyer be contacted as soon as possible. Regardless of whether the individual has had criminal allegations brought against them in the past or is being charged with their first criminal offense, the fear and uncertainty experienced by the individual can impair their judgment. 

Because many individuals do not have a comprehensive understanding of their rights and protections under the law, many individuals have consented to searches and seizures without proper justification or voluntarily given statements to law enforcement officers under false pretenses. Unjustified actions such as these by law enforcement can reflect poorly on the individual charged with a criminal offense, but these actions may be a violation of the individual’s rights. Therefore, individuals charged with a crime should not hesitate to contact an experienced and knowledgeable criminal defense lawyer.

The first and foremost priority of a skilled criminal defense attorney is the protection of the rights of his or her client. A practiced Howard County criminal lawyer will help those individuals charged with a crime understand their rights, the alleged criminal charge and the possible consequences, and what options are available to the client. Working together, the client and criminal defense lawyer will determine the course of action that will be in the best interests of the client. From jury trials to plea negotiations to appeals, an attorney can assist those charged with a crime every step of the way.

Howard County criminal lawyers have experience negotiating and litigating criminal cases such as:

• Fraud (bank fraud, wire fraud, mail fraud)
• Driving While Intoxicated or Driving Under the Influence
• Drug Cases/Drug Trafficking
• Internet Crimes
• Theft
• Assault
• Sexual Assault
• Murder

These are just a few of the criminal charges with which a qualified criminal defense attorney may be of assistance. 

If you are facing criminal charges and are uncertain as to what steps to take next, contact a Howard County criminal lawyer for a consultation. An attorney can review and evaluate your case to help you determine the ideal strategy for your situation. Because your future depends on a positive and successful outcome, ensuring that you have the most accomplished and competent legal counsel available is crucial. Contact a Howard County criminal lawyer today. 

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As Howard County Lawyers, the attorneys at Shapiro & Mack handle countless cases where individuals are arrested for possession of narcotics and other illegal contraband.  Many found substances, which are unidentifiable to the naked eye, are field-tested by police using a KN chemical reagent test – if the color coding indicated an illegal substance than they are seized and the possessor is arrested.  However, it has recently been brought to our attention that possession of chocolate, yes CHOCOLATE, could get one arrested and cost them thousands in legal expenses.  So can basil, thyme, and oregano and a slew of other harmless and completely legal food, drug, and cosmetic items.  Some people have and will find this out the hard way! 

Ron Obadia and his partner Nadine Artemis, co-owners of Living Libations Inc., a Canadian organic products business, are not drug traffickers.  However, on August 22, 2008, they were handcuffed, searched, arrested, and interrogated for hours at the Toronto Airport after a brick-sized sample of their raw organic chocolate product field-tested positive for THC with the most widely used color reagent test.

A Royal Mounted Police officer accused the couple of attempting to smuggle hashish, which chocolate hardly resembles, into upstate New York.  They were locked in separate rooms and their one-year-old baby was taken away from them, which is standard procedure in a drug arrest. The Canadian police Obadia and Artemis they were facing life in prison and each was told the other had already confessed (also standard procedure).  Both adamantly denied their chocolate contained marijuana.

Eventually, they were released on bond and their child was released to them.  “We’re not the kind of people who have a criminal lawyer on speed-dial,” Artemis said.

Still eager to market their products in New York, the couple tried again three weeks later to enter the United States, this time by car near Buffalo.  Agents were waiting with a narcotics K-9, which alerted on a bottle of tea tree oil, an organic plant product used as a natural disinfectant.  Incredibly, the oil field tested positive, and knowing that the couple had already been branded as smugglers, ICE decided it was “hash oil.” Of the 40-odd other products in their sample cases, the chocolate again tested positive for THC.

Subsequent lab tests fund that none of the products seized contained illicit/illegal drugs.  Their two attempts to break into the U.S. marked have cost Obadia and Artemins $20,000.00 in legal fees.

WHAT ON EARTH IS GOING ON HERE?

To answer that all important question, Obadial and Artemis joined forensic science writer John Kelly, chemist Krishna Addanki of Claflin University and a representative of Dr. Bronner’s Magic Soap Company at a news conference held by the Marijuana Policy Project on March 3, 2009 at the National Press Club in Washington, D.C.  The event was the release of Kelly’s Report, False Positives Equal False Justice, with actual demonstrations of drug field testing on order to raise public awareness of the false-positive problem.  Kelly claims the widely marketed field test kits are worse than useless, and that even when used properly can cause great harm to innocent people.

According to Kelly’s report, thousands of common foods, over-the-counter drugs, cosmetics, and household products will falsely test positive in police drug field tests because the reagent tests themselves are not drug-specific.

For example, the 70-year-old Duquenois-Levine reagent test – the one that cause the improper arrest of Obadia and Arthemis – is used by  nearly every federal, state, and local police agency in the U.S. and the RCMP in Canada.  According to tests done by Addanki and his advisor Dr. Omar Bagasra, besides cocoa products, the D-L test also reacts positively to eucalyptus, patchouli, and cypress.  Another test, the ODV Inc. KN reagent test, not only reacts positively to cannabis products but also to  numerous aromatic herbs and essential oils, including thyme, oregano, anise, vanilla, peppermint, ginseng, and event a simple piece of an unbleached napkin (I saw this with my own eyes at the Bronner’s booth at the 2009 green festival in Washington D.C.).

“no one should be using these faulty tests that we’re experimenting with here today, and the companies producing them should probably be put out of business,” Kampia opined.  Until a confirmation test, which could take weeks, proves negative for drugs, “you’re guilty until proven innocent.”

This problem with non-specific field tests has led to their being excluded as evidence at trial; however there have been very few successful challenges to their use in establishing probably cause to arrest and hold suspects pending trial.  More problematic is the backlog in forensic labs in general, which is the only way to get the real test result.  The common result of these bogus field tests is that citizens will be forced to pay large sums of cash bonds and attorney fees, or, even more unfortunately, suspects can be held in jail for months until lab results are returned.
 
Unfortunately, there is little that can be done about this mounting problem other than to arm yourself with the knowledge necessary to understand how an innocent situation can go awry.  If you find yourself victim of an improper search or seizure contact Shapiro & Mack immediately for our swift intervention.

Article by David Zwanetz, Esq., Associate Attorney at the law firm of Shapiro & Mack, Howard County’s premier criminal defense firm.  David Z. also trains and competes for Baltimore MMA School, Crazy 88bjj.

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As a Howard County DUI practitioner I have handled countless cases where people have attempted to use their vehicle to sleep off a rough night of drinking and found themselves charged with DUI/DWI.Is is critically important to understand that "driving" for purposes of DUI law is not the same as "driving" in the classic sense of the word.   The definition of driving, for legal purposes, is being in “actual physical control” of a vehicle.  In this definition, the Maryland Legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are able to soberly drive, and those people who represent an imminent threat to the public by reason of their control of the vehicle.  The benchmark Maryland case of Atkinson v. State, 331 Md. 199 (1992), describes six factors to consider when determining of one is in “actual physical control” of a vehicle:

1.      Whether or not the engine is running or the ignition is on (strongest factor)

2.      Whether and in what position the person is found in the vehicle

3.      Whether the person is awake or asleep

4.      Where the vehicle’s ignition key is located

5.      Where the vehicle’s headlights are on

6.      Whether the vehicle is located in the roadway or is legally parked

Thus, it is clear from the factors above, that one can be charged and convicted of DUI/DWI in Maryland without ever actually moving his or her vehicle.Get into the drivers seat of a car, turn the ignition on for heat, and take a nap while drunk is technically, legally, driving while impaired or under the influence in Maryland.  The only sure way to avoid a DUI charge in Maryland, or any state, is to never get behind the wheel of your vehicle, even if you don’t plan to move it, with any alcohol in your system.

This article was written by Dave Z., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David Z. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.

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By: David Zwanetz, Esq., Shapiro & Mack in Howard County, Maryland

“What should I do if I’m ever pulled over after having a few drinks?” This question ranks as number two of the top ten most frequently asked. Thus, I have decided to let my philosophy out of the bag. I want to preface this article by saying that I am by no means advocating drinking and driving. With that said, as a defense lawyer focusing on Howard County DUI law (not federal law), I recognize that state DUI law is governed by a set of rules and regulations that should be, but are not, shared with the general public. This article is focused on the rules pertaining to the breath test and why those rules make consenting to a breath test such a terrible decision. The decision to consent or to refuse a breath test is the single most important decision when faced with potential DUI/DWI in Maryland. This tenuous area of law changed in January 2007, making it less advantageous, almost ludicrous, for anyone to ever take a breath test.

First things first, it is imperative to know that the result of a breath test is often used as the paramount evidence to illustrate a defendant’s level of intoxication. In order to lay a proper foundation of how all of this will play out, I must back up a bit. The breath test decision will likely be the second big decision you will have to make if stopped for an alleged drinking and driving offense. The first will be whether or not to consent to field sobriety tests. Just like you have seen on all the television shows, a suspect will get pulled over, the officer will ask for his or her license and registration, and then will ask him or her to step out of their vehicle. Once removed, they will inevitably be asked to submit to field sobriety tests. You know the tests I mean: walking the line, standing on one leg and counting to 10,000, following the pen with your eyes, reciting the alphabet in multiple languages backwards. To cut to the chase, my philosophy is simply to never consent to field sobriety tests. After all, no matter what your mental state, how do you think you would do? As part of the rules, you have the unbridled right to refuse field sobriety tests. In fact, unlike the breath test, there is no penalty for refusing the field sobriety tests. Thus, you can only hurt yourself by going through this dog and pony show. Think about it for a second, you get stopped by the police for suspicion of driving drunk, then the first thing you are asked to do is voluntarily submit to a series of extremely difficult physical demonstrations. The bottom line is that consenting to the field tests is a lose/lose situation. If you do well you can be accused of being an extreme alcoholic that can do difficult things even when drunk, and if you fail the result is clear. Remember, if one were pulled over for DUI and refused the field sobriety tests they may still be arrested on suspicion of dui. Clearly, however, suspicion is much better in court than confirmation of DUI.

Moving on, once stopped for alleged drinking and driving you will likely be arrested, brought back to the police station, and asked whether or not you will consent to a breath test. What should you do? I will simply lay out the rules of the game and the answer should be clear. First of all, without a breath test the State will be forced at trial to prove that you were impaired solely based on the police observations of you. Imagine if you refused field sobriety tests, as I recommended, (which again you can do with no penalty) and refused a breath test. There would simply be little to no evidence to present at trial to show that you were either intoxicated or impaired. Let me pose a hypothetical example: John Doe gets pulled over on a Friday night for speeding. Upon speaking with the police officer, alcohol is detected on Mr. Doe’s breath. Mr. Doe is removed from his car and asked to submit to field sobriety tests. He stops for a moment and thinks about David Zwanetz’s DUI article and decides to be politely uncooperative and refuse to submit to the field tests. Mr. Doe is swiftly arrested, brought back the police station, and asked to submit to the breath test. Thinking “what would Dave Z do?” he refuses the breath test as well. Now what evidence will the State have at trial? 1) Mr. Doe was speeding, 2) Mr. Doe smelled like alcohol. On these facts, at trial, the State would most likely be unable to prove beyond a reasonable doubt that Mr. Doe was either substantially or even slightly impaired. After all, Mr. Doe could surely smell like alcohol without actually consuming alcohol, and speeding is a relatively common offense that could surely be committed by a sober individual.

As I mentioned above, there is no penalty for refusing field sobriety tests, and therefore, no one should ever take them unless he or she is completely alcohol free. There is, however, a penalty for refusing a breath test. This penalty is the only reason why the question of whether or not to take the test is a question at all. Basically, if you refuse a breath test, the maximum criminal penalty you are facing can be increased. But, in order for there to be an enhanced criminal penalty there has to be a criminal conviction, which as I explained above is unlikely if one refuses the tests. Thus, the most worrisome penalty for most people comes not in District or Circuit Court but at the Motor Vehicle Administration. Interestingly, however, as of January 2007 the penalty for refusing a breath test so closely mirrors the penalty for taking the test and blowing a high result that there is simply no logical incentive to consent. Allow me to expand.

If charged with DUI/DWI in Howard County, Maryland, you would be facing both criminal and/or civil penalties. On the criminal end, you would be facing approximately one (1) year in jail and/or $1000.00 in fines. On the civil end, the MVA will conduct a hearing to decide what type of suspension, if any, to impose on your license. The level of suspension you would be facing would vary depending your choice of either taking or refusing the breath test. The penalty for refusing comes by way of the MVA possibly imposing a greater period of license suspension for a person that refuses to submit to a breath test. This is the legislature’s way of encouraging people to take the breath test, and conversely, punishing those who pull the carpet from under the feet of the State. Interestingly, however, in my opinion in January of 2007 the legislature made a major blunder. Below I have broken down the three possible MVA penalties in order to expose the flaw.

- On a first offense DUI/DWI, if you take the breath test and blow a .08 - .14 you could face up to 45 days of license suspension. That suspension can be modified to allow the suspended driver to go to and from work, school, alcohol counseling, and to any pre-planned doctor visits or to get meds.

- On a first offense DUI/DWI if you take the breath test a blow a .15 or above you are facing 90 days of suspension, which can only be modified by getting the ignition interlock system installed on your vehicle for 1 year.

- On a first offense DUI/DWI if you refuse a breath test you are facing 120 days of license suspension, which can only be modified by getting the ignition interlock installed on your vehicle for a period of 1 year.

Now do you see? The MVA/legislative penalty for taking a test and blowing a .15 or higher is almost exactly the same as refusing the test outright. Therefore, there is absolutely no logical incentive to take a breath test and give the Police and the State’s Attorneys the evidence they need to convict you. Additionally, everyone is entitled to a request an MVA hearing where an attorney like me can fight to prevent one from getting suspended at all. The long and short of it is that if your refuse both the field tests and the breath test you will most probably be acquitted in criminal court, where you are facing jail, but have to face minutely smaller penalties at the MVA. Would anyone choose possible jail over possible license suspension? I know I wouldn’t.

In my years of study I have always been fascinated with how little the general public knows about the very laws that govern their daily lives. I find nothing wrong with sharing the rules of the game, even if it means exposing flaws in the system. Unquestionably, with knowledge comes power and in no way do I intend to keep this power to myself.

This article was written by David Zwanetz, Esq., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David Z. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.

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By: David Zwanetz, Esq., Shapiro & Mack in Howard County, Maryland                         

Any defendant facing charges for a Howard County DUI must take steps prior to appearing in the District or Circuit Court to get evaluated by a Maryland Certified Alcohol Treatment Center.  Any first time offender will be considered for a probation before judgment disposition, which serves to strike a guilty finding. However, the Judge’s and State’s Attorney’s decision making process will surely focus on the Defendant’s actions post charge and pre-sentence.  Getting involved in counseling voluntarily and contemporaneously with the date of offense is one major step in the right direction to a lenient disposition. 

There are private organizations such as the Columbia Addictions Center, located at 5570 Sterrett Place, Suite 205, Columbia, Maryland, who will take swift action to properly evaluate and treat any alcohol or drug related issue. All Maryland treatment providers begin with an initial evaluation where standardized tests are given to place one in an abuse category.   The categories typically run from “social drinker” to “addict,” and based on the level or risk the provider will make a recommended course of treatment.  Generally a “social drinker” will be recommended to complete twelve hours of alcohol education while an “addict” can be requested to participate in open ended counseling.  Patients of any Maryland alcohol treatment provider can expect to be requested to submit to random urinalysis and to participate in both group and individual counseling.  Most treatment is done on weekly basis in an outpatient capacity. At times, however, an evaluation can revel a problem so grave that inpatient treatment is recommended.  Costs can range from $450.00 (for outpatient) - $3000.00 or more (for inpatient). Understandably, some cannot afford a premium private counseling center.  For those individuals, The Howard County Health Department’s Substance Abuse Service is a great option.  The Howard Health Department is the only publicly funded addictions, prevention and treatment program in Howard County that treats patients regardless of ability of pay. Fees for treatment at the Health Department are based on a sliding scale and the only requirement is residency in Howard County.  For non Howard County residence, each county in Maryland runs a similar service.   If charged with and DUI in Howard County along with finding the right legal counsel, counseling should be a top priority.

This article was written by David Zwanetz, Esq., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David Z. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.

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BY: David Zwanetz, Esq., Shapiro & Mack, Howard County, Maryland

As an attorney dedicating substantial time to the field of Maryland DUI law, specifically Howard County DUI law, I remain shocked at the number of my clients who come to me completely uninformed on the laws pertaining to alcohol usage while driving.  In fact, the most common rationale for why my clients have ended up charged is, “I waited an hour after my last drink and I felt fine.”  This brief article will serve to inform the masses that Maryland is essentially a zero tolerance state.

First, it is essential to understand that it is not only illegal in MD to drive with above a .08 grams of alcohol per 210 ml of breath (driving under the influence), but also illegal and jailable to drive with .06 breath level (driving while impaired).  For many people, a .06 blood alcohol level can be reached after a single beer, shot, or glass of wine.  Contrary to popular belief, the proverbial one-hour waiting period is simply not enough.  Blood alcohol absorption can be affected by the sex of a drinker, the body fat percentage of the drinker, the size and weight of the drinker, the amount of food in the body, the food in ones system, etc.  This brings me back to my zero tolerance contention – if a single beer can cause one to be charged with DWI, the general population should be advised that NO DRINIKING is tolerable before driving; i.e., zero tolerance.  Well why aren’t they then?  In my opinion, the answer is simple – dui litigation simply brings too much money to the state.  Allow me to expand:

A large portion of my clients are law abiding citizens who thought it was legal to go out and have a glass of wine or a few beers and drive home.  Had they been advised that even a single drink could be illegal they never ever would have attempted to drive.  The legislature has drafted a statute that gives people the false sense that some alcohol before driving is legal.  This false sense contributes to a large number of first time dui offenses in Maryland and Howard County.  Why else, besides to trap otherwise law-abiding citizens and raise revenue, would the legislature make illegal small amounts of alcohol instead of none at all?

To rehash my theory, if the average law abiding citizen was advised that NO ALCOHOL was legal when behind the wheel they would simply have nothing to drink before driving – significantly reducing the amount of dui related incidents.  On the other hand, Maryland residents are lead to believe that some alcohol behind the wheel is legal.  The legislature is giving people enough rope to hang themselves and asking then to determine if their intoxicated when their intoxicated – this is absurd! This article serves as my warning that drinking before driving in Maryland, even in minute amounts, can lead to a serious jailable charge of driving while impaired or driving under the influence.  To avoid serious charges, no alcohol should be consumed before driving, thus, keeping drivers safe, and in turn hampering the influx of revenue attained from uninformed drivers being arrested and charged with clearly avoidable conduct.

This article was written by David Zwanetz, Esq., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David Z. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.

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