Maryland criminal defense attorney Joshua Ortega joins Steve Sleeper to discuss what happens after a DUI or DWI arrest and the decisions drivers may need to make quickly. Ortega, who is in his 14th year of practice, handles criminal defense cases throughout Maryland.

In the interview, Ortega explains that a DUI case can involve two separate problems: the criminal charge and the driver's license consequences. He discusses Maryland's MVA hearing process, temporary licenses, license suspensions, and the ignition interlock program.

Topics Discussed

What to do immediately after a Maryland DUI arrest

DUI vs. DWI in Maryland

Maryland's .08 BAC threshold

Driver's license suspension and MVA hearings

The ignition interlock program

Whether you can refuse roadside field sobriety tests

Consequences of refusing an Intoxilyzer breath test

Drug-related DUI cases and Drug Recognition Experts (DREs)

How police observations can be challenged

Why body-camera footage can be important evidence

Whether DUI charges can be reduced or dismissed

Probation Before Judgment (PBJ)

Why having an attorney can matter even on a first DUI

Plea agreements versus taking a DUI case to trial

Second, third and subsequent DUI offenses

How long a Maryland DUI case may take

What happens after a DUI arrest

Initial appearances, bail and pretrial release

One particularly interesting part of the conversation is Ortega's discussion of body-worn camera footage. He explains how video can sometimes contradict an officer's written observations about slurred speech, balance, coordination or other alleged signs of impairment.

Ortega also discusses why some cases go to trial, including situations where there may be weaknesses in the prosecution's evidence or necessary witnesses fail to appear.

About Joshua Ortega

Joshua Ortega is a Maryland criminal defense attorney with Ortega Law in Pasadena, Maryland. He practices throughout the state, with a particular focus on Anne Arundel County.

Phone: 410-760-6008

Website: ortegalaw.net

Our guest today is criminal defense attorney Tiffany DeBruin with DeBruin Law in East Lansing, MI. At the heart of every legal case are two things: the law and the person it affects. Attorney DeBruin mounts strong defense strategies that stand toe-to-toe with the law and remind people of the person at the center of the case. Tiffany’s phone number is (517) 245-0876, and her website is https://www.lansingattorney.com/

Attorney Matt Dodd for Spotify by Steve Sleeper

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Our guest today was Matthew Dowd, a criminal defense lawyer in Bozeman, Montana. Attorney Dodd discussed various aspects of criminal defense in Montana, including what to do if arrested, the differences between misdemeanors and felonies, the importance of hiring a lawyer quickly, and the plea bargaining process. They covered arraignments, bail procedures, the standard of "beyond a reasonable doubt," and how criminal convictions can impact employment and professional licenses. Matt explained that criminal records in Montana can be expunged under certain circumstances, particularly for misdemeanors after five years, and advised clients to bring all relevant documents, questions, and their budget to their first lawyer meeting. Matt’s phone number is (406) 577-2391, and his website is https://www.doddlawfirmpc.com/

Our guest today is Criminal Defense Attorney Douglas Edwards in Asheville and we talked about North Carolina DWI Defense Law. Doug's website is https://dougedwardslaw.com/ and his phone number is (828) 574-4035.

Edwards Law, PLLC

38 Arlington St,

Asheville, NC 28801

DUI/OVI Shawn Dominy with Dominy Law in Columbus OH

Here’s an "Ask a Lawyer" interview between Steve Sleeper and Shawn Dominy, an OVI defense attorney from Columbus, Ohio. Shawn discussed key aspects of DUI/OVI law in Ohio, including the process after arrest, field sobriety tests, chemical testing requirements, and potential penalties. He explained that about 95% of OVI cases are resolved through plea agreements rather than trial and outlined the consequences of refusing tests, which can lead to a one-year license suspension. Shawn emphasized the importance of focusing on OVI defense specifically rather than general practice and shared that he has written the Ohio OVI Guide, published articles in legal magazines, and contributed to the book "DUI Defense." The interview concluded with information about Shawn's law firm, Domini Law Firm, and contact details, which are (614) 717-1177 and https://www.dominylaw.com/

🎙️ Episode Summary

Steve Sleeper speaks with attorney Sarah Schelke, a DUI defense and civil rights lawyer, about how DUI enforcement in Colorado often intersects with constitutional rights—and where it can go wrong.

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⚖️ Key Themes

● DUI & Civil Rights Overlap: Schelke explains how DUI cases frequently involve potential violations of the Fourth Amendment, particularly around unreasonable searches and arrests without probable cause.

● Policing Concerns: She highlights a troubling trend of DUI enforcement being driven by incentives—what she describes as “monetized” or “gamified” policing.

● Questionable Testing Methods: Field sobriety tests are criticized as unreliable, while blood tests can detect substances unrelated to impairment, complicating prosecutions.

● Know Your Rights: In Colorado, roadside tests are voluntary. Schelke’s rule of thumb:

“If it’s on the side of the road, the answer is no.”

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🚓 Notable Insights

● Even sober individuals can be wrongfully arrested based on weak or subjective evidence

● Marijuana DUI laws rely on thresholds not supported by strong science

● Body cam loopholes (muting, missing footage) can limit accountability

● Early legal strategy often focuses on challenging the legality of the stop itself

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💰 Civil Rights Impact

Schelke shares examples of wrongful DUI cases resulting in significant settlements, emphasizing the real-life consequences of flawed arrests and the importance of holding law enforcement accountable.

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Our guest today is DUI Defense Kyla Lee with Acumen Law in Vancouver, BC. Attorney Lee is a prominent criminal defense lawyer and impaired driving lawyer. Her phone number is 604-685-8889, and her website is https://kylalee.ca/

Our guest today is Attorney Joseph Scrofano with Scrofano Law PC in Washington, DC. Scrofano Law is a premier criminal, cannabis, and DUI defense firm that represents clients in the District of Columbia, Maryland, and Northern Virginia. His phone number is (202) 831-9926, and his website is https://www.scrofanolaw.com/