First and foremost, write everything down...
This is not a time to be arrogant by thinking you will remember all of the facts. Even more relevant you have already been charged with a serious offense making you the defendant. By definition you will be defending accusatory comments from a sanctioned law official. Any evidence you present will appear and is in fact a defensive statement of fact. The State's evidence will be accepted as fact until counteracted by a strong evidence to consider otherwise.
The officer that placed the charge against you has to write everything down. By writing the facts as you see them puts you at the most level playing field you can achieve considering the circumstances. Did you have to recite the alphabet? The officer is surely to have documented which letters you did not recite. This type of evidence is extremely difficult to prove or defend against. Unfortunately, it is rarely suggested by an attorney to oppose the officer's word.
Be sure to detail items such as the surroundings, the lane you were driving in, when and where you pulled over, how busy the traffic was while you were being tested, was the police officer's siren on or off, were the lights kept flashing. These may be pieces of information your attorney may want to try to use to prove the conditions which surrounded your interogation and sobriety test.
Read all of the documentation...
Remember, if you are tested and/or charged, you will be required to sign numerous documents stating you understand what is happening to you. Many refusals to adhere to a sobriety test come with stiffer penalties. Even if you do take the test, you will be signing documents regarding the test itself, your charges, and your release details.
Read everything and in any case that you do not understand what you are reading, ask for it to be explained. Of course, you are reading this after being charged and after signing the documentation, so simply re-read it. If you have questions an attorney or courthouse official should be able to assist. A good place to get clarification would be at the courthouse probation office where they can clarify it for you or point you to an appropriate courthouse representative.
Get an attorney...
Many attorneys performing DUI/DWI defense services will offer a free consultation. Be comfortable in asking their expertise, how long they have been defending for this charge, how many cases they have successfully defended against, and the relativity to your actual case.
You don't have to wait until you get your summons to appear before getting an attorney; get counsel right away. Again, interview them no differently than for any other time you hire someone. You need to feel comfortable with their abilities especially as most cases are negotiated as opposed to aggressively defended.
The State of Maryland processes many, many DUI/DWI cases and have heard almost every excuse that can be derived. For first offenses where no accident occured, you may be asked to plead guilty with the request for extended probation. This is called a Probation Before Judgement (PBJ) and is extremely popular for first offenders.
However, depending on the facts of the case and the personalities involved (the Judge, the State's Attorney, the charging officer, and your attorney) stiff penalties can be given. For this reason alone it is always best to give your attorney every piece of knowledge you have on the incident. This information is protected by client/attorney privilege and in held in confidence, so don't hold back anything.
Try to relax...
Getting charged with a crime is very nerving. Anxiety and stress will not help you in any way. You may get advice from your attorney to see a counselor of some sort, such as a social worker.
Consider who you tell during this time. You are not yet convicted of anything and you cannot be sure how certain family and friends will react. Their reaction can cause undue stress that you don't need added to your already maxed stress levels.
Write a journal or partake in a hobby during your spare time to get your thoughts off of the case from time to time. The journal may also help you document some of the details of the evening as well as allow you to relieve stress or identify if you are having difficulty coping with the possibility of certain consequences.
Be smart and do your homework...
Coming to our site is a start in the right direction. Reading these tips hopefully have helped you ask the right questions of your attorney. They have done this a hundred times, hopefully, but you haven't. Remind them if you have to as you don't want to be overly trusting.
They may ask that you goto a Drinking and Driving Rehabilitation Course to prove your intent of ensuring you don't make this mistake again. This course can be relatively expensive so be forewarned. If you have the money, great, any security blanket will help. However, if money is tight it will become tighter from your attorney's fees already. Most DUI/DWI cases cost between $2,000 and $10,000 to defend.
The classes within the above mentioned course are not always sanctioned by the court and they can choose that you retake the court sanctioned class. Many instructors make a living in falsifying attendance records so courts are always cracking down and recommending only their courses be allowed.
Put it all in perspective...
Even advice on this site is simply that, advice. We will not be representing you in court. Each judge is a bit different. We are speaking from experience (your experience, we are not attorneys), however, this should under no circumstance override the suggestions of your chosen attorney.
Best of luck on your defense and stay out of harms way. Understand the situation you are now faced with and work through it. The best part is that by now it is only a matter of time before this is behind you. The fact that you are here indicates a good chance that you are a first, or at worse, second time offender (third offenses know the rules by now), so it will be in the past soon enough. Keep your head clear so you can assist your attorney in providing the best possible defense for yourself.
