Driving under the influence laws in Maryland apply to more than just drivers of cars, trucks, and motorcycles. If you drive on any gas-powered vehicle while intoxicated, you can be charged with driving under the influence. This includes ATVs, Vespas, and motorized scooters. It generally also includes snowmobiles and boats, and even golf carts.
A recent case reported by NBC Washington brought home this point. The case involved a 24-year-old man from Maryland who crashed his ATV while riding in Calvert County. There were also two passengers on the vehicle. The two passengers were ejected from the ATV when the driver ran off the road and crashed into an embankment. A 20-year-old front cargo passenger suffered head trauma and was reported to be unconscious. He was taken to a nearby medical facility where he was listed in critical condition. Another passenger, a 22-year-old man who was riding on the rear cargo, refused medical treatment even though he suffered minor injuries.
The driver was arrested after the sheriff’s office determined he operated the ATV while under the influence of alcohol. He was charged with DUI and other offenses.
How can you fight a Maryland DUI charge?
In Maryland, there are two types of driver intoxication charges. The first is a DUI based on having a blood alcohol content (BAC) of .08 or more. If your BAC is .08 or higher, it does not matter whether your driving was impaired. The second is a driving while impaired (DWI) charge. You can be charged with DWI if your BAC is at least a .07, and there is proof that your driving was impaired. This proof can include your behavior behind the wheel, or your responses to field sobriety tests.
Whether you were driving a car, an ATV, or any gas-powered or electric vehicle, an experienced attorney has defenses to being charged with driving under the influence. For starters, the police must be able to show that you were the driver. If the police see you speeding, swerving, or driving recklessly, then they have means to pull you over, and proof that you were driving. If they only first see you after an accident has occurred, then they have to prove you were the driver by means other than first-hand observation.
The police also need to prove you were driving under the influence. Generally, they will first give you field sobriety tests. They will then give you a Breathalyzer test, unless you require a blood test. You have the right to refuse these tests, though there are administrative penalties for doing so. However, refusing the tests will also deny the police (and therefore, the county or state) the evidence they want for their case.
Experienced DUI defense lawyers can challenge the grounds for stopping you – the grounds for giving you a test. We also challenge the validity of the tests based on improper instructions or faulty equipment.
My name is Joseph Carey, and I founded Carey Law Office 37 years ago. Since that day, the firm has helped people throughout the state get their lives back on track. We understand that there is almost always an underlying reason for people’s actions, and that your life shouldn’t end because you made a mistake. Learn More
