DUI

Why Breath Testing Devices May Be Unreliable in a DUI Case

September 21, 2023 by Jonathan Smith

Factors that Can Produce a False Reading on a Breathalyzer Machine

For decades, police and prosecutors across the United States have blood alcohol tests, conducted with breathalyzers, to charge and convict countless individuals of drinking and driving. Unbeknownst to most people, though, breathalyzers are not that accurate—one study found that they produced a false result nearly 60% of the time. The equipment itself has an inherent margin of error of as much as .02%, easily the difference between innocence and a charge of the higher offense of driving under the influence (DUI) in Maryland. Furthermore, there are specific environmental factors that are known to produce false readings on a breathalyzer:

The alcohol fumes still on the machine from the last person tested
The dust particles that are produced when an airbag goes off
Certain medications that, by themselves, do not impair a person’s mental faculties, such as Albuterol, an asthma medication
Rubbing alcohol, cologne or similar substances on the skin
Alcohol from cleaning supplies on the skin
Fermented sodas, such as kombucha, as well as some energy drinks
Breath fresheners and some vitamins
Food cooked with alcohol, even if the intoxicating effect has been cooked out
Ripe or fermented fruits

Experienced Prince George’s County DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith brings more than four decades of experience to criminal defendants throughout the Baltimore County area and across the state of Maryland, including people arrested for or charged with driving while impaired or under the influence. For more than 30 years, he has been consistently received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar. He has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and was designated a Top-Rated Lawyer by The American Lawyer Magazine. He has been the recipient of Martindale-Hubbell’s Client Distinction Award, an honor given to less than 4% of all lawyers nationwide.

Throughout his years in practice, Jonathan Scott Smith has successfully protected the rights of individuals facing all types of criminal charges. He will zealously protect your constitutional rights, taking the time to carefully investigate your case and confirm that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll interview all key witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Proven Maryland Drunk Driving Defense Lawyer

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Filed Under: DUI Tagged With: Why Breath Testing Devices May Be Unreliable in a DUI Case

Challenging a Blood Alcohol Test in Maryland

March 3, 2023 by Jonathan Smith

Questioning the Reliability of a Breathalyzer Test

When you’ve been pulled over, for any reason, one of the first things the officer will typically ask is whether you have been drinking. If you say that you have, or if the officer observes behavior that provides probable cause, he or she may ask that you take a blood alcohol test. You can legally refuse, but there are serious consequences. If you take and fail the breathalyzer test, though, you can still challenge the results in court.

Reasons Why a Blood Alcohol Test May Be Inadmissible

There are a number of situations where a court may determine that a breathalyzer test should be thrown out:

Studies show that breathalyzers can provide false results (some suggest that they are only accurate about 40% of the time)
Breathalyzers require regular calibration (the recommended frequency is once per month). If the machine has not been calibrated recently, it may give a false readout
The police officer may not have followed appropriate procedures

Experienced Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith has fought for the rights of criminal defendants in Maryland for more than four decades. SuperLawyers has named him one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also cited him as a Top-Rated Lawyer.

Attorney Smith has been AV-rated (the highest possible) by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s prized Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly-regarded trial attorney, Jonathan has an extensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact an Aggressive Baltimore DUI/DWI Defense Lawyer

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland, including people charged with drinking and driving. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Filed Under: DUI Tagged With: Challenging a Blood Alcohol Test in Maryland

DWI or DUI? What’s the Difference in Maryland?

May 4, 2022 by Jonathan Smith

What Are the Requirements? What Are the Potential Penalties?

In many states, the terms “DUI” and “DWI” are used interchangeably to refer to virtually any charge involving drinking and driving. In Maryland, however, they refer to two distinction violations of the law.

Drive while impaired, or “DWI,” is the least serious of the drunk-driving offenses in Maryland. A person will generally be charged with driving while impaired if his or her blood alcohol concentration (BAC) is above .07%, but below .08%. In those situations, the decision to charge a person with a DWI is typically based on other signs of impairment, including the failure of a field sobriety test or visible evidence or impaired driving. Conviction on a DWI charge can lead to a 60-day jail term and a $500 fine for a first conviction, with the jail term extended to 12 months for subsequent convictions.

Driving under the influence (DUI), on the other hand, involves a traffic stop where the driver registers a BAC of .08% or higher. A first-time offender may potentially face a fine of $1,000 and a one-year jail sentence, and penalties for subsequent convictions may be as high as $5,000 and five years in prison. A DUI conviction will also typically lead to the accumulation of points on your driving record, which customarily leads, in turn, to increased insurance premiums.

Proven Carroll County Drunk Driving Defense Lawyer

For more than 30 years, attorney Jonathan Scott Smith has tenaciously fought for the rights of criminal defendants across Baltimore and throughout the state of Maryland, including people charged with DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan carries an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review

Rating System every year since 1988. He has also received Martindale-Hubbell’s coveted Client Distinction Award, given to less than 4% of all attorneys in Maryland. He enjoys a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A respected trial attorney, Jonathan brings an extensive knowledge of Maryland criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal cases. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Proven Baltimore County Criminal Defense Attorney

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants throughout Baltimore County and the surrounding communities. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Filed Under: DUI, DWI Tagged With: Difference between DUI and DWI

The Consequences of a Repeat DUI/DWI Conviction in Maryland

March 10, 2022 by Jonathan Smith

Potential Penalties for Subsequent Drunk Driving Convictions

In Maryland, if you are arrested, charged with and convicted of driving while impaired (DWI) or driving under the influence (DUI), and you have a previous conviction for the same offense within the last five years, there are two immediate consequences:

Your driving privileges will automatically be suspended for one year
At the completion of your suspension, you will be required to have an ignition interlock installed in your car for a period of one year

What Is an Ignition Interlock?

An ignition interlock requires that the submit to a blood alcohol test before your car will operate. When you have an ignition interlock installed, you must breathe into the device before you can start your car. If you test above the accepted level set on the device, your engine will not turn over.

AV-Rated Carroll County Drunk Driving Defense Attorney

Attorney Jonathan Scott Smith brings over 30 years of proven experience to drunk driving defendants across the Baltimore metro area and the state of Maryland. He has received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from other members of the Maryland bar every year since 1988. Jonathan has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and has been designated a Top-Rated Lawyer by The American Lawyer Magazine. He has holds Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including driving while impaired and driving under the influence. He knows how to protect your constitutional rights and will carefully investigate your case to confirm that police and prosecutors follow all required procedures when gathering evidence. He’ll aggressively question all potential witnesses, so that he can prepare and present the most persuasive arguments in your defense at trial.

Proven Maryland DUI/DWI Defense Lawyer

Contact our office by e-mail or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Filed Under: DUI, DWI Tagged With: Consequences of a Repeat DUI/DWI Conviction

The Potential Consequences of a First DUI/DWI Conviction in Maryland

March 4, 2022 by Jonathan Smith

The Penalties for First-Time Drunk Driving Offenders

In Maryland, when you have been pulled over and taken into custody for drinking and driving, you may be charged with driving while impaired (DWI), driving under the influence (DUI), or both. You can only be convicted of one of those offenses.

If your blood alcohol content is less than .08%, but you exhibit other signs of impairment, a police officer may book you for DWI. If your blood alcohol content is .08% or above, you can be charged with DUI.

For a first-time conviction of driving while impaired, the penalties include up to two months of incarceration and a maximum fine of $500. Your driving privileges may be suspended for up to six months (a year, if you are under the age of 21) and you will have 8 points added to your driving record. For an initial conviction for driving under the influence, you can expect to pay up to $1,000 in fines and serve up to a year in jail. Your license can be revoked for up to six months and you will accumulate 12 points on your driving record.

Proven Baltimore DUI/DWI Defense Attorney

For over three decades, attorney Jonathan Scott Smith has aggressively fought for the rights of criminal defendants across Baltimore and throughout the state of Maryland, including many people facing prosecution for DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan has received an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s coveted Client Distinction Award, given to less than 4% of all attorneys in Maryland. He enjoys a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly respected trial attorney, Jonathan brings an extensive knowledge of criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal matters. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Experienced Criminal Defense Lawyer in the Greater Baltimore Area

Filed Under: DUI, DWI Tagged With: DUI/DWI Conviction

What Happens at the DMV Administrative Hearing After a Maryland DUI/DWI Charge?

September 14, 2021 by Jonathan Smith

What Are the Potential Outcomes of the Hearing?

When you are pulled over and charged with driving while impaired (DWI) or driving under the influence (DUI) in Maryland, you can expect not one, but two legal proceedings—the criminal proceeding in court to determine guilt or innocence and assess penalties, and the administrative hearing at the Department of Motor Vehicles. The focus of the DMV hearing is your driving privileges.

When you are formally charged with drinking and driving in Maryland, the arresting officer will take your license. You will then be issued a temporary license, good for only 45 days. You must then request the administrative hearing within 10 days—if you don’t, your license will automatically be suspended.

At the hearing, an administrative judge will hear evidence to determine the extent to which you need continued driving privileges—for work or other daily needs—and will take those needs into consideration when ruling. Typically, for a first-time offense, your license will be suspended for a minimum of 45 days, but suspension may be modified to allow you to drive to work. With a second conviction, the work modification is usually unavailable. In many instances, the administrative law judge allows continued operation of a vehicle with the installation of an ignition interlock, which requires that you successfully exhale into a blood alcohol tester attached to the ignition of your car before you can drive.

AV-Rated Maryland DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of experience to people across the greater Baltimore area and throughout the state of Maryland who are charged with DWI/DUI. He has been AV-rated (the highest rating possible) by his fellow attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also received Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been listed among the top 100 lawyers in Maryland by SuperLawyers and honored as a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has the skill, knowledge, experience, and resources to fully protect your rights in a DUI/DWI prosecution. He’ll carefully gather all evidence that supports your acquittal and ensure that your constitutional rights have not been violated. He’ll question all potential witnesses so that he can present the most convincing arguments in your defense.

Attorney Smith has been named one of the top 100 attorneys in Maryland by the National Trial Lawyers Association, a by-invitation- only professional organization. He has earned a 10.0 (Superb) rating as a litigation attorney from AVVO and received the Client’s Choice Award from AVVO with an average client review of 5 stars.

Howard County, Maryland, Criminal Defense Attorney

Contact our office by email or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County, and Montgomery County in Maryland.

Filed Under: DUI, DWI, Uncategorized Tagged With: DUI/DWI Charge

Are DWI and DUI the Same Offense in Maryland?

August 28, 2020 by Jonathan Smith

The Difference between “Driving While Impaired” and “Driving Under the Influence”

The terms DWI and DUI often are used interchangeably, but in Maryland, they actually are two different offenses:

DWI, or driving while impaired—In Maryland, driving while impaired is considered a less serious offense than driving under the influence. You can be charged with DWI if your blood alcohol concentration (BAC) is between .07 and .08. Often, a person charged with DWI will pass the BAC test but exhibit physical indications of impairment, such as slurred speech or erratic driving.
The penalties for DWI include up to 60 days of incarceration and a $500 fine for the first offense. Subsequent convictions can lead to up to a year in jail and additional fines. A DWI conviction also results in an 8-point penalty on your driving record, which will cause your license to be suspended.
DUI, or driving under the influence—You can be charged with a DUI only if your BAC exceeds .08. A first-time conviction for DUI can result in a year in jail and a $1,000 fine. Your second and third convictions can each lead to another 12 months of incarceration and an additional $1,000 fine. DUI adds 12 points to your driving record, leading to revocation of your license for a period of time.

Experienced Baltimore DWI/DUI Defense Lawyer

Attorney Jonathan Scott Smith has provided strong and effective representation to people in Baltimore and throughout Maryland for more than 35 years, including individuals charged with DWI or DUI. Named a Top-Rated Lawyer by The American Lawyer magazine, he is also respected by his peers in the legal profession, who have consistently given him an AV-rating, the highest rating possible. He has been the recipient of AVVO’s prestigious Client’s Choice Award, with an average of 5 stars(the highest rating possible) in client reviews. A longtime Maryland SuperLawyer, he also has a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith aggressively advocates for men and women facing criminal prosecution, zealously representing clients throughout the legal process, from investigation, arrest, and arraignment to trial. He’ll conduct a thorough investigation of your case, ensuring that law enforcement officers legally obtained all evidence and made you aware of your constitutional rights. A proven trial attorney, Smith

knows how to make the most persuasive arguments in your defense before a judge and jury.

Ellicott City Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call 410-740-0101 to set up an appointment. We handle drug possession prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Filed Under: DUI, DWI Tagged With: DUI and DWI

Challenging the Validity of DUI Breath-Testing Devices

July 9, 2020 by Jonathan Smith

New York Times Study Finds Problems with Machines and Results

When police pull you over and suspect you’re driving under the influence or while impaired, it’s common for them to administer a breath test and use the results in a criminal prosecution. However, a 2019 study by the New York Times found that those tests, long considered an essential tool in DUI and DWI enforcement, are less than reliable.

According to the Times investigation, even though companies that sell breath-testing equipment claim they’re “precise to the third decimal place,” tens of thousands of breath tests are ruled inadmissible in court every year. In New Jersey and Massachusetts alone, more than 30,000 breath tests were ruled invalid in 2019 due to administration errors or poor oversight by law enforcement agencies. The Times found that police departments often fail to properly calibrate the machines, causing readings that are 20% or more higher than actual levels. The study also found that many police departments have no procedures in place for maintaining breath-testing equipment. Furthermore, computer experts contend that many of the machines have significant programming defects in their software.

Experienced Baltimore County Child Abuse Defense Attorney

Attorney Jonathan Scott Smith has aggressively protected the rights of people charged with drinking and driving in the metropolitan Baltimore area and throughout Maryland for more than three decades. Attorney Smith has been named a Top-Rated Lawyer by The American Lawyer magazine and has received AVVO’s prestigious Client’s Choice Award, averaging 5 stars(the highest rating possible) in all client reviews. A Maryland Super Lawyer, he’s also respected by his colleagues in the legal profession, with an AV-rating from other lawyers under Martindale-Hubbell’s Peer Review System. Attorney Smith also has earned a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith will zealously protect your rights at any stage of a criminal matter, from investigation and arrest to arraignment and trial. He’ll conduct a thorough investigation to confirm that law enforcement officers had probable cause and that your constitutional rights were not violated. Smith will carefully determine the facts and circumstances of your case in order to make the most compelling arguments in your defense.

Baltimore County Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call us at 410-740-0101 to set up an appointment. We handle drug possession prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Filed Under: DUI Tagged With: DUI and DWI, DUI Breath Testing

DUI and DWI in Maryland

May 26, 2020 by Jonathan Smith

The Difference Between Driving Under the Influence and Driving While Intoxicated

In the state of Maryland, unlike many states, there’s a legal distinction between DUI,or driving under the influence, and DWI—driving while intoxicated. Conviction on charges of driving under the influence of alcohol requires evidence of a blood alcohol content (BAC) of .08% or higher. To be charged and convicted of the lesser offense of driving while intoxicated, there’s no requirement of a specific BAC—prosecutors must show only that you were impaired by alcohol and that it affected your ability to drive. It’s also important to understand that you need not be operating a motor vehicle on the road to be charged with DWI; you need only be in “actual physical control” of the vehicle while the car’s engine is running.

Experienced Maryland DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith has fought for the rights of DWI/DUI defendants across the greater Baltimore area and throughout Maryland for over 35 years. A recipient of AVVO’s Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also maintains a perfect 10.0 (Superb)rating from AVVO as a litigator. He’s been chosen as a Top-Rated Lawyer by The American Lawyer magazine and long been listed as a Maryland SuperLawyer. He’s also received accolades from his colleagues in the legal profession, earning an AV-rating from other lawyers under Martindale-Hubbell’s Peer Review System.

Attorney Smith aggressively defends clients on any criminal charge. He’ll be with you throughout the legal process, from investigation to arrest and arraignment to trial, if necessary. He’ll ensure that law enforcement officers had probable cause andthat your constitutional rights were not violated. A highly respected trial attorney, he’ll conduct a detailed investigation of your case in order to make the most compelling arguments in your defense.

Proven Maryland Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call us at 410-740-0101 to set up an appointment.We handle DUI-DWI cases in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Filed Under: DUI Tagged With: DUI

Understanding Implied Consent During a Maryland DUI/DWI Stop

April 16, 2020 by Jonathan Smith

Do You Have to Submit to a Blood Alcohol Test When Stopped for Suspected DWI/DUI?

When you’re stopped by a law enforcement officer, it’s fairly common for them to ask if you’ve consumed any alcoholic beverages. If you have and answer truthfully, the officer may ask you to take a blood alcohol test to determine if you are over the legal limit. If you test positive, it can be used against you in a criminal prosecution. Can you refuse to take the test? What are the legal consequences if you choose not to submit to a breath test?

In Maryland, as in other states, the legal concept of implied consent applies when you get behind the wheel of a car. Under this principle, simply by operating a motor vehicle, you are deemed to agree to submit to a blood alcohol test if requested by a police officer. Nonetheless, you still can refuse to take the test (and cannot be forced to do so), but you will face specific consequences:

Your driver’s license will be seized, and you will be issued a 10-day temporarylicense. Your license can be suspended for up to two years; and
Your refusal to take a breath test is admissible in court and may be used by the jury to determine guilt.

Experienced DWI/DUI Defense Attorney in Baltimore County

Attorney Jonathan Scott Smith brings more than 30 years of experience to individuals in Baltimore County and across the state of Maryland who have been arrested for or charged with impaired driving. Attorney Smith has been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been listed as a Maryland SuperLawyer. An honoree of the AVVO Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO. He was named a 2012 Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith will aggressively protect your rights in any criminal proceeding, from investigation and arrest to arraignment and trial, making certain there was probable cause and that all constitutional guarantees were followed. He’ll carefully investigate the details of your case in order to make the most compelling arguments in your defense. He’s a highly experienced trial attorney, with the skill, knowledge, and resources to protect your rights in any criminal matter.

Montgomery County Criminal Defense Lawyer

Contact criminal defense lawyer Jonathan Scott Smith online or call us at 410-740-0101 to set up an appointment. We handle criminal matters in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

Filed Under: DUI, DWI Tagged With: Blood Alcohol Test

Jonathan Scott Smith Criminal Defense Firm