First DUI offense - Maryland

[sjmjuly]

Maryland - I was arrested for the first time ever on Saturday night for DUI in Maryland. The police officer stated I didn't come to a complete stop at a stop sign and that's why he pulled me over. I failed the sobriety test (Scared and nervous) I blew a 0.09. Just a fraction over the limit. I personally new I was OK to drive the two miles home, but the law is the law.
I cooperated with the officer and did what he asked.
I have two questions: First, the officer did not put on my seat belt after I was placed in the cruiser, second, I was never fingerprinted. Could these two issues help me in my case? The police officer even took me home afterwards. He said because I cooperated and only blew a .09, I wouldn't have to stay in jail overnight. I just thought maybe the fingerprint thing could be significant in fighting this thing.
BTW, I have never been in trouble in my life - ever, and I have clean drving record. I am also 44 yrs old. Any thoughts?
P.S. I have learned my lesson and this whole thing has scared and embarrassed me beyond belief. I have also become involved with MADD in my area, so please don't bash me for my bad mistake. I know it was stupid - I just want to have a chance with the judge.

 

[Some Random Guy]

Not putting a seat belt on you may be a violation of department procedure. If you file a complaint with his supervisor, you might get the policeman a verbal reprimand. This has nothing to do with your DUI. If you wanted your seat belt on, you could have asked him.

Bring up the not fingerprinting you thing to the police - I'm sure they can take care of it for you now. It has no bearing on your case unless you feel like claiming that you weren't driving and want to force the policeman to visually identify you.

AA might look better than MADD to a judge. Have you considered looking into that?

 

[BigMistakeFl]

BigMistakeFl

If you think you are innocent, then you should fight the charge. If you think the evidence against you is strong enough to convict, then you should research the minimum penalties for first offense DUI in your state and get started on them. The things you mentioned in the arrest procedure will have no bearing on the case against you.

 

[sjmjuly]

First DUI Offense - Maryland

Thank you,
Yes - I plan on attending some AA meetings though I know I do not have a drinking problem - Just a problem making proper decisions, but I really felt I was fine.
I never drink during the week and have a glass of red wine or two on Friday or Saturday night. I was at a birthday party Saturday night and drank 3 glasses of wine between 6:00 PM and 11:15 PM. The last hour and 1/2 I drank ginger ale. I am small person so I guess my body just doesn't process alcohol as quickly as I thought.
I offered to drive because I was sober - I know, I blew a .09, but I was sober. Everyone else was very intoxicated. I also plan on attending a Victim's Impact meeting tomorrow. I am trying to prove to the judge how sorry and remorseful I am. In Maryland they have what is called "Probation before Judgement" for first-time offenders. Don't get me wrong, I am still in trouble, but it's better than getting a full-blown DUI conviction.

 

[seven53]

I failed the sobriety test (Scared and nervous) I blew a 0.09.

You failed because you were legally intoxicated.

As for the seat belt:

§ 22-412.3. Mandatory seat belt use -
(2) Unless a person is restrained by a seat belt, the person may not be a passenger in the front seat of a motor vehicle.

I assume you were placed in the back of the cruiser. If so, seat belting you isn't the law in Maryland.

The fingerprints can be taken at a later date. Many times (not saying you) arestees are too drunk to get prints. We just throw them in a detox cell and get them later, sometimes days.

I would get an attorney and have him try to plead you for reckless operation or whatever is similar in Maryland. First offense and .09%....you should have a good chance for a lesser plea IMO.

 

[sjmjuly]

You failed because you were legally intoxicated.

As for the seat belt:

§ 22-412.3. Mandatory seat belt use -
(2) Unless a person is restrained by a seat belt, the person may not be a passenger in the front seat of a motor vehicle.

I assume you were placed in the back of the cruiser. If so, seat belting you isn't the law in Maryland.

The fingerprints can be taken at a later date. Many times (not saying you) arestees are too drunk to get prints. We just throw them in a detox cell and get them later, sometimes days.

I would get an attorney and have him try to plead you for reckless operation or whatever is similar in Maryland. First offense and .09%....you should have a good chance for a lesser plea IMO.

Gee, thanks for your opinion. I love how people pass judgement when they were not present.

HE said I failed the test -I don't think I did. I was scared, cold and never have been in this situation in my life, I am suprised I didn't have a heart attack right there on the spot. I was not falling down drunk, and when I asked him if I would be going home, he said "Since your not intoxi,,,,,,,,since you only blew a .09 and have been cooperative, I myself will take you home,,,"
So please do not pass judgement on me. I agree it was a horrible mistake and I am sorry, but please allow all judgements to be made by God.