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When you retain Jack I. Hyatt, you will get the very best defense from a former assistant states attorney who has prosecuted over 20,000 cases for the State of Maryland, understands both sides of the law and thoroughly knows the state's playbook and procedures.

"I selected Jack Hyatt because of his experience, knowledge and reputation. He thoroughly investigated my case, detected technical mistakes made during my arrest and had my DWI and all other charges completely dismissed at trial. If you are charged with DWI or any traffic charge, he is the lawyer you need to call."   Robert E. Schade

"Thank you for your persistence on hard work. After a breath test of 1.5 resulting in 5 charges including DUI, DWI, failure to drive right of center and leaving the scene of an accident, I was totally surprised when you had all 5 charges dismissed at trial. The result was more than I expected or hoped for. I now understand why the first lawyer I called referred me to you."   Dr. Ochi.

Credentials

JACK I. HYATT
Drunk Driving Attorney
Attorney Credentials:
   Former Assistant State's Attorney
Admitted To Practice Before:
   The U.S. Supreme Court
   All Maryland Courts
   Federal District Court
Member:
   Maryland State Bar Association
   Baltimore City Bar Association
   Baltimore County Bar Association
   University of Baltimore
   A.A. B.S. J.D.
   Honorable Discharge U.S. Army


Is it better to refuse or submit to the test?

To answer this question, several factors must be weighed. Under Maryland’s implied consent law, if a driver blows over a .08 or refuses the test he/she is facing a suspension of his/her driving privileges. (Any driver who refuses a test or blows over a .08 should fill out the hearing request form on the back of the officer’s certification and request a hearing within ten days.) A refusal hearing may have three possible outcomes:
  1. A license suspension for 120 days for a first offense and one year for a subsequent offense.
  2. Instead of a license suspension, the judge may allow you to install and maintain an interlock device on your car for at least one year.
  3. If you have a legal defense the result can in some cases be "no action."
On the other hand, the penalty for submitting to the test in Maryland and recording a test result of .08 or more is a 45 day suspension for a first offense and a 90 day suspension for a subsequent offense. On a first offense, typically the person gets a restricted license to drive to and from work or any alcohol class for the 45 days. Also, the test result may constitute persuasive evidence of guilt at the court proceeding.

The Maryland Motor Vehicle Administration (MVA), maintains two driving records on all drivers, a semi-private complete driving record, and a private probation before judgment (PBJ) record. When a person refuses the test, all entries go on the complete driving record and may be picked up by insurance companies. All entries relating to a first blow of over .08 go on the PBJ record and will probably not be picked up by any insurance company.

On a first offense, it is probably better to submit to the test, since the 45 day work permit is a lesser penalty, the insurance company cannot find out about it, and the result in court as a first offender will not be overly harsh. On the other hand, if the person is a third or fourth offender or more, he/she may be better off refusing the test.

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