MARYLAND DRUNK DRIVING MYTHS : "BEST 10" DUI & DWI DEFENSE ATTORNEY CHARLES WARE

www.charlesjeromeware.com                 " Here to make a Difference."


Premier defense attorney Charles Jerome Ware is Maryland-based and nationally-respected as one of the top DUI and DWI defense attorneys in the United States.  For an initial courtesy consultation, contact him at (410) 720-6129. He can help you.


MYTH # 1 -  You can still be arrested and convicted for DUI or DWI if you are intoxicated in your car, with the key in the ignition but the engine turned off, just sitting or sleeping in the driver's position.
            Answer:  Not true. See Maryland case, Atkinson vs. State, 627 A. 2d 1019 (1993). These facts do not describe a situation where the person is in " actual physical control" of the car; therefore, the so-called "stationary shelter" doctrine becomes effective.


MYTH # 2 -  Breathalyzers (alcohol breath testers) are reliable and trustworthy indicators of blood alcohol content (BAC).


           Answer :  Not true.  And, the scientific doctrine " Lewis Law"  shows this myth is not true.
                            Breathalyzers are no more than hocus-pocus, gimmick devices designed to
                            persuade the gullible that their so-called "results" are scientifically reliable. These
                            devices are quite flawed and misleading.


MYTH # 3 -  Field sobriety tests ( and especially "standardized" field sobriety tests), when
                      administered by law enforcement officers, are reliable preliminary indicators
                      of inebriation or drunkenness.


                Answer: Absolutely not true. Field sobriety tests are probably the most "subjective"
                               factors in any DUI or DWI arrest; subject to police officer human error, weather and other conditions, physical and mental and emotional health of the driver, inadequate training and experience of the administering officer, etc.


MYTH # 4 - DUI convictions can  be expunged for good reasons shown.


                   Answer: Not true. Generally, in every state, DUI convictions cannot be expunged.


MYTH # 5 - DUI convictions are not crimes, just traffic offenses.


                    Answer:  Not true. In every jurisdiction I am aware of, DUI convictions are treated as crimes, and can subject the defendant to jail time, etc. DUI and DWI charges should be taken very seriously by people. Convictions of drunk driving can impose very serious ramifications on one's personal as well as professional life.