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Didn't refuse breathalyzer, blew a .16..... but I was riding my bike!?

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DWIohMY

Junior Member
What is the name of your state (only U.S. law)? Maryland

My neighborhood is divided by a median. It was 2:30 A.M., so no one was really outside. I was biking on the right side of the median and a cop stopped me when I moved to the left side of the median to get away from him. I just thought it was a car, and I guess it's not the safest thing to swerve on purpose, but I was just joyriding. I did okay on the field tests, but he breathalyzed me and I blew a .16. I was given a DUI & DWI.

I don't even have a license (nor do I want one, I'm moving to NYC for graduate school this Fall so it's unnecessary) and I have absolutely nothing on my record: civil, criminal, or traffic. I blew because I had a friend who got a DWI and she got in a lot of trouble for refusing to blow. I guess I should have refused. I can't afford a lawyer nor do I know if I need one. What does my situation look like? Would a judge treat me better than someone getting a DUI in a car with a record? I'm so scared :(

Edit -- The fact that I am going out of state for school worries me. I feel my court date will be when I'm already gone... should I request a postponement if that happens? I'm not going to be able to come back to complete community service or whatever I must do.
 
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sandyclaus

Senior Member
DWIohMY said:
What is the name of your state (only U.S. law)? Maryland

My neighborhood is divided by a median. It was 2:30 A.M., so no one was really outside. I was biking on the right side of the median and a cop stopped me when I moved to the left side of the median to get away from him. I just thought it was a car, and I guess it's not the safest thing to swerve on purpose, but I was just joyriding. I did okay on the field tests, but he breathalyzed me and I blew a .16. I was given a DUI & DWI.

I don't even have a license (nor do I want one, I'm moving to NYC for graduate school this Fall so it's unnecessary) and I have absolutely nothing on my record: civil, criminal, or traffic. I blew because I had a friend who got a DWI and she got in a lot of trouble for refusing to blow. I guess I should have refused. I can't afford a lawyer nor do I know if I need one. What does my situation look like? Would a judge treat me better than someone getting a DUI in a car with a record? I'm so scared :(
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Apparently, Transportation Article 11-114 which says "drive" means to drive, operate, move, or be in actual physical control of a vehicle, including the exercise of control over or the steering of a vehicle being towed by a motor vehicle. Therefore if one moves a car from position A to position B, one could be found guilty. But what if one simply starts there car for heat on a cold night, or listens to the radio? Answer: Guilty! Not automatically of course but the prima facie or initial case can be made by the State that the driver was in "actual physical control" of the vehicle and therefore can be found guilty. By the way, this section applies to vehicles, motorized or not which means golf carts, horses, boats, bicycles and the like. Yes, you can get a DUI on a horse because if falls under the expansive definition of vehicle found in Maryland Transportation Article 11-176 which says a vehicle is any device, in, on, or by which any individual or property is or might be transported or towed on a highway. Vehicle includes low speed vehicle.

The fact that you were on a bicycle and not in control of a motor vehicle appears not to make a difference. You would still be guilty of the DUI/DWI either way. Get yourself an attorney.
 
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swalsh411

Senior Member
Also, anything over a .15 is a "high" bac and you will be ineligible for any type of restricted license.

You can get an attorney who can try to get your court date moved, but there is no guaruntee and being in school out of state is not a valid reason to avoid the consequences. You may end up having to change your school plans because of one poor decision.

I don't think you appreciate the seriousness of this matter. Legally this is no different than if you were driving a car.
 
CJane

CJane

Senior Member
swalsh411 said:
Also, anything over a .15 is a "high" bac and you will be ineligible for any type of restricted license.

You can get an attorney who can try to get your court date moved, but there is no guaruntee and being in school out of state is not a valid reason to avoid the consequences. You may end up having to change your school plans because of one poor decision.

I don't think you appreciate the seriousness of this matter. Legally this is no different than if you were driving a car.
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And a conviction might just affect his acceptance to school, his student loans, his ability to live on campus, etc.
 
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OHRoadwarrior

Senior Member
You need a lawyer and you need to appear for court. College is a waste of money if you do not handle this aggressively. As an aside, my cousin actually received a DUI on a horse. The court disregarded his argument that the horse knew its way home from the bar.
 
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DWIohMY

Junior Member
Thanks guys. But I already said I can't afford a lawyer and my loans wouldn't be impacted since DUI is a misdemeanor. Guess I'll just see what happens.
 
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sandyclaus

Senior Member
DWIohMY said:
Thanks guys. But I already said I can't afford a lawyer and my loans wouldn't be impacted since DUI is a misdemeanor. Guess I'll just see what happens.
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Your LOANS may not be impacted, but your ability to attend that out-of-state school might. They don't just bar attendance for felonies. Having a misdemeanor, including DUIs, can have a lasting impact - and many schools will expel you for it. Having school loans are useless if you don't have a school willing to accept you as a student.

As a criminal matter, if you are unable to afford an attorney, you would have access to a Public Defender for your case. Not an attorney of your choice, of course, but an attorney nonetheless. You need to consult with an attorney before you get in front of the judge and give any pleas.
 
TheGeekess

TheGeekess

Keeper of the Kraken
Maryland’s .08 Law

If a police officer suspects a person has been drinking and is behind the wheel, the officer can request the driver take a BAC test. If you submit to it, and your level of alcohol registers at a concentration of .08 or more, you are legally considered intoxicated.

If you are legally intoxicated, the MVA can impose penalties:

A 45-day license suspension for the first offense
A 90-day suspension for a subsequent offense
Total loss of driving privileges

Penalties are even greater if the offense occurred while the driver is transporting someone under 18. If transporting a minor, the driver may face a fine of up to $4,000 and a prison sentence of up to four years.

Be warned that MVA actions may be taken even if you are not found guilty of using alcohol and driving. In addition to MVA actions, you may still face other penalties imposed by the district court, such as fines and jail time, if you’re convicted of charges arising from the same incident.

You are at risk of losing your vehicle insurance coverage also. Under the terms of automobile insurance policies, insurance companies may cancel or refuse to cover you if you are driving or attempting to drive under the influence of alcohol, impaired by drugs or alcohol, or by a controlled dangerous substance.

The Difference between DUI and DWI

Driving under the influence (DUI) is driving with a blood alcohol concentration between .04 and .08
Driving while intoxicated (DWI) is driving with a blood alcohol concentration of .08 or higher.
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http://www.mva.maryland.gov/Driver-Services/Rookie-Driver/youngdriver.htm
 
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tranquility

Senior Member
DWIohMY said:
Edit -- The fact that I am going out of state for school worries me. I feel my court date will be when I'm already gone... should I request a postponement if that happens? I'm not going to be able to come back to complete community service or whatever I must do.
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Um..on what planet do you dictate to the court about what criminal penalties you can and cannot do?

I suggest an attorney to try to make a deal right now. You might be able to plead down to a wet reckless or something and get any fines, classes or punishment finished before you go to school. Otherwise, you will get a big fat warrant out for your arrest--which can complicate things if an officer ever talks with you in the future. Because you didn't put others at risk, the DA may be very willing. However, he's not going to deal with you. At the very least, you need to get one of the free consultations so many DUI attorneys give.

As the others have said as well, you might review your code of conduct at school. This could cause school problems in a graduate program.
 
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davew128

Senior Member
tranquility said:
As the others have said as well, you might review your code of conduct at school. This could cause school problems in a graduate program.
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In a real situation, do grads schools even check this stuff? Grades and recommendations, yes, but criminal records?
 
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