Maryland has adopted a law of implied consent that when people are licensed in this State, or drive upon its highways, they will take the breath test.  If not, they could lose their privilege to drive on the roads of Maryland.  Seems straight forward, but things are not what they seem.

Years ago, Maryland’s politicians wanted to crack down on drunk driving.  They adopted the law that said if people adhere to the implied consent and give a breath sample, that breath can be used against them in a criminal prosecution, but the MVA would not preemptively take their licenses.  Obviously, if convicted and points were assessed, the MVA could then weigh in as to whether that driver should be only to continue to drive.  However, if someone refuses to take the breath test, those drivers violate the implied consent law and were presumed to be a threat to public safety.  As a result, the arresting officer would seize the driver’s license, issue a 45 day temporary license, and if a hearing was requested in time, give that driver a MVA hearing within 45 days to determine whether he should be allowed to continue to drive.

Then the politicians decided they needed to get tougher on impaired drivers.  A 45 day temporary license was then issued to two classes of drivers: (1) Those that refused the test; and (2) Those that had a blood alcohol content that exceeded the legal limit.  To make it attractive to take the test, the legislature gave out two different penalties: (1)  Refusers had two choices: (a) a 120 Day suspension or (b)  1 year with an interlock device installed in any car which may be driven by the offender;  (2)  those who took the test also had two choices: (a) a 45 day license suspension or (b) a 45 day restricted license that allowed drivers to drive to and from and in the course of their employment, to counseling, and possibly to school.  For those who took the test, it’s a no-brainer.  All opted for the restricted license.

However, effective October 1, 2008, a law came into effect that makes no sense.   That law creates a third category of drivers for administrative penalties.  It targets the “super drunk,” those who are approximately double the legal limit or more (.15%  blood alcohol content (“BAC”) or more).  For those drivers, no restricted license is an option, despite a driver’s compliance with Maryland’s law of implied consent.  Instead only two sanctions are available:  (1) a 90 day license suspension, or (2)  1 year with an interlock device installed in any car which may be driven by the offender.

The reason why this law makes no sense is because almost all first offenders are more concerned about the loss of license than criminal prosecution.  Therefore, they take the test, hoping to blow under .15% BAC.  However, many misjudge how much they have consumed and thus, not only do they offer the prosecution a breath sample to be offered in evidence against them, they also subject themselves to same MVA sanctions if they had refuse the breath test (the 1 year interlock).  Thus, the politicians have created a situation for first time offenders where, unless very little alcohol was consumed, it makes more sense to refuse to take the breath test.The MVA sanction will most likely be the same if one refuses or takes the test, but by refusing the driver gives us a more than likely chance of having the criminal prosecution dismissed.  Furthermore, although the politicians say that these laws are necessary to get impaired drivers off of the streets, the politicians merely made the laws tougher but did not appropriate enough money to hire judges and clerks to carry out the new tough laws.  As a result, extensions to the 45 day temporary license are routinely issued as it may take three to four months before a driver’s MVA hearing will be scheduled.  So much for getting the dangerous drivers off the road in less than 45 days.

How does the repeat offender fare under the new breath test law effective October 1, 2008?  Forget about taking the test, as there is zero incentive to give a breath sample.  Refuse, blow over .15% BAC, or blow just a bit over the limit, either way, the MVA will not give a restricted license.  Therefore, it’s either a suspension or the interlock. Thus, the law encourages drivers to refuse, as he MVA sanction will be the same, but a refusal allows us to have a fighting chance to achieve an acquittal.

Perhaps one day, the politicians will enact some effective DUI laws, rather than pander to their constituents claiming to be tough on crime.  Until then, refuse the test.

By: Jason A. Shapiro - Howard County Lawyer, DUI Guru, and Managing Partner at Howard County’s premier criminal defense firm - Shapiro & Mack.

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A DUI or DWI arrest in Maryland can bring grave consequences. Incarceration of up to 3 years, a fine of up to $3,000 and loss of driving privileges can all result from a criminal charge of DUI, whether you are innocent or guilty.

In addition, a criminal DUI charge in Maryland can be brought against you whether you were driving your car while intoxicated or not. Charges can be brought even if you had not driven at all. You need only to have been intoxicated and inside your vehicle to be arrested for a DUI. If you were parked and inside your car “sleeping it off,” you can still be found guilty of DUI. If you have been arrested for a DUI in Maryland, it’s imperative that you seek the skilled representation of a Howard County Attorney if you wish to avoid the serious penalties that can be levied against you.

Under Maryland law, you can be charged with a DUI as long as you were in physical control of your vehicle while under the influence, even if you were only using your vehicle as shelter. The Maryland Legislature differentiates between intoxicated drivers who are a threat to public safety and those who aren’t. But because the law can be interpreted in many different ways, it essential that you consult with a Howard County Attorney as soon as possible and obtain representation.

It is also crucial that you be evaluated by a Maryland Certified alcohol treatment center prior to your court appearance. Based on the results of your evaluation, you may be advised to attend alcohol education classes and/or to participate in counseling sessions. If you cannot afford to pay for evaluation and treatment, and you are a Howard County resident, you are entitled to evaluation and treatment at the Howard County Health Department Substance Abuse Service.

Any first time DUI offense can be considered for probation. An immediate display of willingness on your part to deal with the problem by obtaining evaluation and treatment will count greatly in your favor when you appear in court.

Contact a Howard County attorney immediately to insure that your case is fairly represented. The Maryland/Howard County law firm of Shapiro & Mack, P.A. has extensive experience and proven success defending those charged with DUI in Howard County. The Shapiro & Mack attorneys are especially skilled in the matter of whether an intoxicated driver was, in fact, a threat to public safety when arrested.

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Having the right attorney can be very important, this is especially so when pertaining to criminal defense. Even so called “minor” charges such as a driving under the influence, may require a criminal defense lawyer. Hiring a Howard County criminal defense attorney may be the defendant’s best option.

Criminal proceedings can be very stressful time in one’s life. The uncertainty of the future and issues directly caused by the allegations can cause hardship and strain. Not only can this take its toll on the individual’s self esteem, but their family life and finances. During this difficult time, it’s often best to let someone do the leg work for you. This is only one of the many reasons that hiring a criminal defense attorney may be so beneficial.

There are numerous reasons to hire an attorney. Legal proceedings can be somewhat confusing to many individuals, your Howard County defense attorney will take the time to explain the procedures, nature of the charges, and any other relevant material. Firms such as Shaprio & Mack always make sure that their clients are their first priority. No case is deemed too small or too big.

In addition, the Howard County criminal defense attorney may be able to help with many types of criminal charges. They are not limited to DUI’s. Many of these attorney’s will also handle other traffic related cases, juvenille crime and delinquency, and a wide array of various charges. The attorney may handle civil cases as well. During a free consultation the attorney should be able to inform the prospective client of what they can and can not do. Keep in mind, each individual case is different and may vary.

Most criminal cases are typically punished by incarceration and/or heavy fines. If found guilty, incarceration may result in job loss and the effects can be very detrimental to the individual. Convictions can stay on your record for years, depending on the specific charge. Don’t let this happen to you, contact your local Howard County criminal defense attorney. The consultation is absolutely free and it may help you gain piece of mind.

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For most people life can seem normal as you go about your daily routines when all of the sudden you have unexpected legal problems that come your way. In most cases these added amount of problems only increases your overall levels of stress and it threatens to ruin your life. While this is no doubt troubling the fact of the matter is that you can be able to overcome these different challenges by choosing a Howard County attorney that has the knowledge of the law and the connections with in the legal system to best represent your interests. That being said, to find a good Howard County attorney requires that you consider a number of different factors such as:

Do your research on the attorney: There are many different lawyers who have many different areas of specialties. The best way to make sure that you are finding the right attorney for your situation is to do some research on the attorney that you are looking at hiring. The first thing that you want to do is make sure that neither the lawyer nor their firm has any negative complaints on record with the state BAR Association. Next you want to use the internet to visit the web site of the attorney that you are thinking about using, where you will learn about what types of law is being practiced, how many years experience they have and what other clients had to say about their services.

Meet you attorney in person: Before you begin working with any attorney you want to have a face to face consultation, where you want to see if the two of you are able to work together and have the same kind of thinking about the merits of your case. If everything seems to go smoothly then you more than likely would want to possibly work with that particular attorney. However, if there is anything that makes you uncomfortable, you may want to meet with other attorneys until you feel 100% at ease.

Clearly, finding the right Howard County attorney can be challenging. By using the above tips you can be able to find the right attorney for your situation. A law firm known for their outstanding criminal defense, juvenile delinquency, personal injury, liquor board violations as well as DUI practices is Shapiro and Mack. Over the last several years they have successfully helped numerous clients overcome the different legal challenges that they are facing. So what are you waiting for? If you are serious about putting your legal problems behind you visit www.shapiroandmack.com today, it could be the wisest decision you ever make.

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For many people drunk driving related charges can seem like the end of the world. While these charges should no doubt be taken seriously the fact of the matter is that you are entitled to equal protection under the law. This means that you have the right to bring in a drunk driving lawyer in Howard County that knows the ins and outs of the law in addition to having litigation experience so that you are not made a scapegoat for drunk driving related offenses. That being said it is also important to remember other different factors which could have an effect on your overall drunk driving case. Some of the important factors to look at would include:

How many drunk driving cases are the prosecutor’s office dealing with: In general the prosecutor’s office can become backed up with the different amounts of cases that they are facing. This means that if you are using highly a skilled drunk driving lawyer in Howard County they more than likely can be able to offer you better chances of success as opposed to just selecting any lawyer. What happens is those lawyers who specialize in drunk driving cases have a relationship with the prosecutors office, this means that they could talk with them about you receiving a lesser sentence in return for avoiding the time as well as cost associated with a lengthy trial.

Who will be the judge that is going to be hearing your case: When ever you are going through different drunk driving related issues means that you will have to face the judge at some point. When you are hiring a drunk driving lawyer in Howard County you want to make sure that your lawyer has enough experience in handling these cases that they can generally tell you if a particular judge has made favorable rulings for their clients in the past. Knowing this kind of information can give you an additional edge in ensuring that you are not made an example of.

Clearly when you are looking for a drunk driving lawyer you have many different choices. By working with someone who specializes in this kind of law can help you be able to understand the case load that the prosecutors office is facing and what kind of judge that you could be dealing with, helping you to prepare the best legal defense possible. When looking for a good lawyer in this matter one firm that has won many successful cases for their clients is Shapiro and Mack. They have the experience and connections within the legal system to help you overcome this set back. To learn more visit www.shapiroandmack.com.

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A common problem that countless numbers of people have to deal with every year is the different driving under the influence (DUI) charges that they face. In some cases the actual standard for being legally impaired can be so low that after just having a couple of drinks with friends could make you above the legal limit for driving. Combine this with the fact that many of the local law enforcement officials stake out the different bars at closing times, can make you a victim of being in the wrong place at the wrong time. When this happens you need to have a Howard County lawyer that understands how the legal system works in Howard County and has the experience to be able to effectively argue the merits of your case. When looking for lawyers that can do this requires that you consider a number of different factors such as:

Find someone who specializes in handling DUI cases: When you are accused of driving under the influence you more than likely are facing the loss of your license, heavy fines and possibly jail time. To effectively look out for your best interests requires that you hire a Howard County lawyer who has experience in working with DUI cases, in general those who have the most experience specialize in DUI cases and have a consistent track record of producing proven results for their clients.

Make sure that the lawyer that you hire takes a genuine interest in your case: During the process of being charged with a DUI you could be in jail or facing the threat of jail. A big mistake that many people make when they are in this kind of situation is to go with the first lawyer that sounds good. As the case progresses they find out that their lawyer does not place a high priority on their case, instead they are trying to seek some quick plea deal which could make your situation even worse. To avoid this kind of situation you want to find a DUI lawyer who will be genuinely interest in your case. This will help to ensure that you receive the best representation possible when it comes to your case.

Clearly finding the right lawyer to look out for your interests during a DUI case can be very challenging. By using the above tips you can be able to find the right lawyer for your situation. One firm which has experience and knowledge to effectively represent your DUI case is Shapiro and Mack. With many years experience in handling these cases they can effectively represent your best interest during this challenging time. To learn more please visit www.shapiroandmack.com.

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If you are in a legal jam that requires expertise and precision, and you are in the Howard county area of Maryland, you have to contact Shapiro & Mack Attorneys At Law. They have been fighting crimes for many years and they will help you if you are in legal troubles. They are the best attorneys in the Howard county area. If you are in need of a criminal defense attorney, that have your best interested in mind, contact the Howard county attorneys Shapiro & Mack because, they are there to help you every step of the way.

You may be facing a criminal charge that may land you in jail or prison, or you may be facing charges that may be on your public record and you may need help dealing with this very stressful situation. A criminal charge is very serious, this is something that you have to take serious, because it can affect many aspects of your life including your job, your home, and your personal life with your family and other loved ones. A criminal crime is something that can be very confusing at first, but with the effective legal help, you can get the information that you need to help you along the way and effective representation.

There are other serious cases besides a criminal crime that may involve you to seek legal help other than a criminal crime, you may need Shapiro & Mack legal help, if you are facing a DUI, a DUI is Driving Under the Influence. Many people that a facing this very serious charge, may not fully understand the law that is behind a DUI. If you are in the Howard county area of Maryland, please contact the team that will be there for you, a team that will show you the up most respect.

Shapiro & Mack are the premier Howard county attorneys that care about your case, and will treat you as an individual. At a time of uncertainty, you need a team that will bring your case the right respect and attention that is needs. The best Howard county attorneys for your case is Shapiro & Mack.

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Drinking and driving is a horrible idea. One third of all traffic deaths involve alcohol, and approximately 36 people die in drunk driving accidents each day. The good news, is if one has been pulled over for driving under the influence (DUI), the laws for drunk driving in Howard County, Maryland, make it one of the better places to have this happen.

Howard County, founded in 1838, takes drunk driving seriously, but to get the most lenient treatment possible, retain an excellent lawyer. Shapiro & Mack (www.shapiroandmack.com) would be an excellent choice because they have received high ratings by their peers, and their attorneys are considered some of the best trial lawyers in Maryland. Shapiro and Mack is proud of their client services by being in regular contact with their clients through this difficult process. In Maryland, people can be charged with DUI even if the engine isn’t running and the driver is trying to sleep it off. Shapiro and Mack are well aware of this, and other laws pertaining to drunk driving arrests in Howard County. Drivers need to act quickly after the arrest because there is only a 10 day window to act in order to prevent the loss of drivng privileges.

Shapiro and Mack is also acutely aware of the need for counseling for people facing a DUI conviction. People who agree to counseling voluntarily are more likely to receive a lenient disposition, especially for first time offenders. Their attorney will also question the results of any field sobriety tests. Currently, a combination of three tests are used to determine impairment. Drunk driving charges can be defended by questioning whether the police officers properly issued the instructions for the test and how the officer scored the tests.

The firm of Shapiro and Mack stands ready and able to help. Of course the best thing to do is not to drink and drive, but should a person have a slip in judgement, it’s good to know that the excellent law firm of Shapiro and Mack are here to guide clients through the legal labyrinth. Driving while drunk in Howard county, or anywhere else, can be a sign that a person has become an alcoholic. Counseling can determine if one has crossed the line from social drinking to alcoholism. Call Shapiro and Mack at (410) 884-6100 if you need help with a DUI.

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Most people think they will never need the services of a criminal defense lawyer. However, circumstances can often change what we think and believe about life as well as what we need. It may be necessary for you to one day need the services of a Howard county lawyer.

There are many reasons why an attorney may be necessary. If you get arrested for a DUI case, or if you have been charged for a felony or misdemeanor it is important to hire a strong legal case immediately. The United States justice system works best when there is legal representation for each side of a case. A Howard county lawyer can help you prove your innocence or enable you to receive the lightest sentence possible. Without the help of a lawyer you are left to the mercy of the judge and prosecuting side.

The law firm of Shapiro & Mack has years of experience dealing with criminal and DUI cases. Most of the time this firm has been able to show the innocence of the accused or greatly reduce their sentences. The main focus of this firm is customer service. Shapiro and Mack strive to make each client as comfortable as possible. Each case is handled by a team of representatives so that the best course of action is easily disclosed. The lawyers at Shapiro and Mack will stay with each client until the process has come to a close. Sometimes this involves working with a client for years. Shapiro and Mack also offer free consultations with potential clients.

Many people make the mistake of thinking that they do not need legal representation for their arrest. This is a false assumption. Even if the crime you were accused of is small, a criminal record can haunt you for the rest of your life. It is imperative that you receive the highest level of support and service from a competent Howard county lawyer. This will ensure that you receive the best legal coverage and the lightest sentence or the proof of your innocence.

If you need a criminal defense lawyer or help with a DUI case, do not hesitate. Call for legal counsel immediately. You will be glad you did when your case offers a reduced sentence or is dismissed altogether. A criminal record will stay with you forever. Make sure you are prepared to deal with any crimes that you have been accused of commiting.

Technorati Tags: howard county attorney, howard county criminal defense, howard county dui, Howard County DUI attorney, howard county dui defense, howard county dui lawyer, howard county dwi, howard county lawyer, howard county's best defense

Most people think they will never need the services of a criminal defense lawyer. However, circumstances can often change what we think and believe about life as well as what we need. It may be necessary for you to one day need the services of a Howard county lawyer.

There are many reasons why an attorney may be necessary. If you get arrested for a DUI case, or if you have been charged for a felony or misdemeanor it is important to hire a strong legal case immediately. The United States justice system works best when there is legal representation for each side of a case. A Howard county lawyer can help you prove your innocence or enable you to receive the lightest sentence possible. Without the help of a lawyer you are left to the mercy of the judge and prosecuting side.

The law firm of Shapiro & Mack has years of experience dealing with criminal and DUI cases. Most of the time this firm has been able to show the innocence of the accused or greatly reduce their sentences. The main focus of this firm is customer service. Shapiro and Mack strive to make each client as comfortable as possible. Each case is handled by a team of representatives so that the best course of action is easily disclosed. The lawyers at Shapiro and Mack will stay with each client until the process has come to a close. Sometimes this involves working with a client for years. Shapiro and Mack also offer free consultations with potential clients.

Many people make the mistake of thinking that they do not need legal representation for their arrest. This is a false assumption. Even if the crime you were accused of is small, a criminal record can haunt you for the rest of your life. It is imperative that you receive the highest level of support and service from a competent Howard county lawyer. This will ensure that you receive the best legal coverage and the lightest sentence or the proof of your innocence.

If you need a criminal defense lawyer or help with a DUI case, do not hesitate. Call for legal counsel immediately. You will be glad you did when your case offers a reduced sentence or is dismissed altogether. A criminal record will stay with you forever. Make sure you are prepared to deal with any crimes that you have been accused of commiting.

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