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All Press Releases for February 05, 2014 »
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Maryland court rules that the odor of alcohol can be used as evidence

Going out for a few drinks with a group of friends after work may seem harmless at first, but going above the legal blood alcohol content level, which is 0.08 in Maryland and all other states in the nation, is easy to do.
 
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    February 05, 2014 /24-7PressRelease/ -- Going out for a few drinks with a group of friends after work may seem harmless at first, but going above the legal blood alcohol content level, which is 0.08 in Maryland and all other states in the nation, is easy to do. According to the Centers for Disease Control and Prevention, reaching a BAC level of 0.08 only takes about five drinks for men in a two hour period and approximately four drinks for women.

What happens after a DUI arrest

When a police officer pulls over a driver and suspects that they have been drinking, they will usually request that a field sobriety test and a preliminary breathalyzer test be performed. The outcome of these two tests will determine whether or not the officer will require additional testing and the results can be used as evidence when the drunk driver attends their initial hearing.

In addition to field sobriety and breathalyzer test results, a Maryland court recently ruled that the smell of alcohol on a driver is enough evidence by itself to suspend a driver's license for 120 days, says Fox Baltimore. This ruling was a result of a driver being pulled over in 2011 for failing to obey a traffic control device and the officer detected the moderate smell of alcohol on the driver.

The man refused to have a field sobriety test done and the Maryland Court of Appeals subsequently suspended the man's license for 120 days based on the smell of alcohol the officer detected. The man's defense attorney stated that this was unfair because it is not illegal to have a drink and then drive, but to drive impaired. According to a spokesperson for the state police, police officers learn how to detect the verbal and physical cues of drinking, like smell, while they are in training.

Tips for drinking safely and responsibly

To prevent being charged with a DUI or a second DUI, drivers can do several things to drink safely and responsibly when they are out with friends or at a social event, like:
- Knowing their limits. Drivers should familiarize themselves with how much alcohol they can consume without losing control.
- Eating food with their drink. Doing this will slow the absorption of alcohol into the circulatory system.
- Appointing a designated driver. Before you go to a party, ask someone in your group to refrain from drinking for the night so they can drive everyone home

The consequences of a DUI arrest can include limited driving privileges, the requirement to have an ignition interlock system installed in your vehicle and others based on your circumstances. If you were charged for drinking and driving, consult with an attorney as soon as possible.

Article provided by Saller & Bishop
Visit us at www.sblawmd.com/



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