Law Office of

Richard A. Simmons

Experienced - Professional - Result Driven

Law Office of Richard A. Simmons
147 Old Solomons Island Rd
Suite 401
Annapolis, MD 21401-0903
ph: (410)286-1220
fax: (410)286-1220
alt: (443)623-6905

DUI/DWI

The information contained within this page is designed to assist you in the preparation your DUI/DWI case.

There is a DUI Checklist attached to this page, which is meant to be a reference to highlight the important points of a DUI/DWI arrest.

The suspension of your driver's license or priviledge (if you are an out-of-state driver) may occur:

If you submitted to the breath test, resulting in anything less than a .08 BAC, then you will not need to do anything, unless you were either operating a commercial motor vehicle, you under 21 years of age, and/or you had an alcohol restriction on your driver's license. Then you should contact this office immediately.
If you either refused the breath test or submitted to the test, resulting in anything greater than a .08 BAC, then you must request a MVA hearing within ten (10) days of the arrest, or your license or priviledge will be suspeneded. See attached: Advice of Rights, Order of Suspension, Interlock Program/Waiver of Hearing, and Hearing Request.
If you must request a hearing, there are other options that you may wish to consider before requesting the hearing. To discuss these options free of charge, please contact this office immediately.
Standardized Field Sobriety Testing (SFST's): What are they? See the attached excerpt from the NHTSA manual. When attacking the SFST's, photographs of the scene are essential. The roads where these tests are administered are never level, which may explain the officer's observations -- failure maintain balance, and so on. Using a three foot level, as depicted here, photograph the area where you were stopped. First, showing the crowning of the road (the level perpendicular to the white edge line). Then, show the slope of the road (the level parallel to the white edge line).

Tips:

The DUI Checklist. What to do next.
"What do you mean that I have ten (10) days to prevent the suspension of my Maryland driver's license or priviledge?"
Photograph the scene. See these examples.
Obtain your complete & PBJ driving records at MVA Records.

Treatment

In preparation of your case, we leave nothing to chance. In doing so you must take steps prior to appearing in the District or Circuit Court to get evaluated by a certified alcohol treatment program. If found guilty, most first time DUI offenders will be considered for a probation before judgment disposition, which serves to strike a guilty finding. However, the judge’s decision making process will surely focus on your actions post charge and pre-sentence. Getting involved in counseling voluntarily and contemporaneously with the date of offense is vital, and critical to avoiding supervised probation. Most treatment is done on weekly basis in an outpatient capacity. At times, however, an evaluation can reveal the need for a more intensive inpatient treatment program. Costs can range from $450.00 (for outpatient) - $3000.00 or more (for inpatient).

If the cost of the program is an issue, you contact the Anne Arundel County Health Department; or, at least attend weekly self-help groups, which are a great source of support and information, such as Alcoholics Anonymous or Celebrate Recovery.