Hi, I’m Erik Atas. I’m an attorney here at Zirkin & Schmerling Law. I handle all of the felony and misdemeanor cases which includes serious traffic and there’s no more serious of a traffic case than DUI’s.
I recently posted a blog on our website www.zirkinandschmerlinglaw.com. You can check it out. Where I talked about an officer that was arrested and it was reported in the news. And of interest to this story was that the officer was found asleep at the wheel yet still charged with drinking and driving. And in that article, I talked about how someone could, in fact, be guilty of drinking and driving when the car was stationary.
I got some interesting feedback from that article where people called in and were talking about it, and were asking for advice, or opinions, or expressing their opinions. And an interesting thing came to light that I thought would be worth discussing with everybody here today.
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And that was a pervasive theory that Maryland has a blood alcohol restriction of .08. And there is a belief out there that if you have a blood alcohol level of .08 or higher than that you are, in fact, going to be found guilty of drinking and driving. Now while it is true that we have a law called Driving Under The Influence Of Alcohol per se that is designed for situations where there is a scientific test that determines that your breath or blood sample is at a .08 or higher.
What most attorneys, including experienced trial attorneys, are not aware of, but an experienced DUI lawyer like myself is aware of, is that you are not in fact automatically guilty of DUI per se when you have a blood alcohol level of .08 or higher. In fact, an experienced DUI attorney like myself knows that there are laws available where you can argue that in fact, even if there is a test that reveals that you had a breath or a blood alcohol sample in this case of .08 or higher that you still in fact can be found not guilty of that crime.
Now, the reason why that’s important to you, is because you’re looking for an attorney. And you want to find an attorney that knows these answers right away and doesn’t have to spend all their time researching their case so that they can learn how to defend you. You want somebody that can defend you right away and defend you right because this is your life and your life is important. So give me a call. I’m at Zirkin & Schmerling Law. Again, my name is Erik Atas, 410-753-4611. Thank you.