What to expect for my first DUI in 15 years?
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What to expect for my first DUI in 15 years?
I had 3 previous DUI/DWI’s 15 years ago. I have been clean since. However, recently while driving home in my truck (which according to police was being profiled as possibly being a stolen) and I was stopped. I had had a few beers; first time blew .08. I was taken to the police station; they made me wait a couple hours and had be blow again, this time 1.1. When I went to the police station the officer did not read me my rights. Officer said I was very cooperative.
Asked on August 14, 2011 Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There are a couple of issues at play here. First of all, just because a person is arrested doesn't automatically mean that they need to be read their rights. The Miranda warning need only be given if you're taken into custody and then questioned. In other words, questioning is what triggers the right. So if you were not asked anything other than your name and other basic booking information after your arrest, your rights were not violated.
As for the the time lag between the 2 tests, as well as the accuracy of each test, an experienced DWI attorney might well be able to use any or all of this to challenge the charge and either get it dismissed outright or at least get it reduced (or win an acquittal at trial if it comes down to it). There are many procedural and technical defense arguments that can be but forth in a DUI case.
Finally, if all else fails and you are convicted of this offense, the fact that your last conviction was 15 years ago will be of importance as far as your sentencing is concerned. While this and all previous convictions will remain on your record, this latest offense will be considered to be your first for sentencing purposes. This is due to something known as the "look back period". This is the period of time in which a court is permitted to look back into a person's driving record; in MD it is 10 years. Therefore, the penalty imposed will be as though this was your first DUI.
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