What to expect for my first DUI in 15 years?

UPDATED: Aug 14, 2011

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What to expect for my first DUI in 15 years?

I had 3 previous DUI/DWI’s 15 years ago. I have been clean since. However, recently while driving home in my truck (which according to police was being profiled as possibly being a stolen) and I was stopped. I had had a few beers; first time blew .08. I was taken to the police station; they made me wait a couple hours and had be blow again, this time 1.1. When I went to the police station the officer did not read me my rights. Officer said I was very cooperative.

Asked on August 14, 2011 Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are a couple of issues at play here. First of all, just because a person is arrested doesn't automatically mean that they need to be read their rights. The Miranda warning need only be given if you're taken into custody and then questioned. In other words, questioning is what triggers the right. So if you were not asked anything other than your name and other basic booking information after your arrest, your rights were not violated.

As for the the time lag between the 2 tests, as well as the accuracy of each test, an experienced DWI attorney might well be able to use any or all of this to challenge the charge and either get it dismissed outright or at least get it reduced (or win an acquittal at trial if it comes down to it). There are many procedural and technical defense arguments that can be but forth in a DUI case.

Finally, if all else fails and you are convicted of this offense, the fact that your last conviction was 15 years ago will be of importance as far as your sentencing is concerned. While this and all previous convictions will remain on your record, this latest offense will be considered to be your first for sentencing purposes. This is due to something known as the "look back period". This is the period of time in which a court is permitted to look back into a person's driving record; in MD it is 10 years. Therefore, the penalty imposed will be as though this was your first DUI.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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