Avoid Jail Time: Experienced Maryland DUI and DWI Lawyer

Maryland DUI Cases Are Complex and Life-Changing, almost all criminal defense attorneys have DUI in their practice, but they are not all equal, and chances are you won’t get the same partner that you sign up with, they will send an unexperienced associate that simply does not have the chops to beat your case.

Maryland DUI Standard Field Sobriety Test Admissibility at Trial as Evidence (CLICK HERE FOR INFORMATION)

NEW LAWS IN EFFECT AS OF OCTOBER 1st 2024 – All Defendants pleading or found guilty, even those that receive the benefit of a Probation Before Judgment (PBJ) will be required to install an ignition breathalyzer interlock device on their car for 12 months. Previously those with a PBJ were not required to do so. In 2016 the state legislature made it *impossible* to expunge a DUI even with a PBJ, now a PBJ may be expunged after 15 years with no further criminal or serious traffic infractions. If your record stays completely clear after 15 years you may expunge it. A complete list of all new laws effective on October 1st can be found here (including non DUI laws):

New Maryland Laws Effective October 1st

Protect Your Rights: Maryland DUI Lawyer – Prince George’s – Charles County – St. Mary’s – Calvert – Montgomery – Anne Arundel

Law enforcement’s efforts to combat drunk driving can sometimes lead to violations of motorists’ constitutional rights. An overly aggressive approach can result in the arrest of innocent individuals or the vigorous prosecution of suspected DUI offenders to serve as a deterrent.

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Facing Maryland DUI Charges? Consult an experienced award-winning DUI Lawyer

If you are charged with driving under the influence of alcohol or drugs, it’s crucial to understand the potential consequences. Consulting an award-winning Super Lawyers rated DUI lawyer ensures your rights within the criminal justice system are protected. Schedule a free consultation with a dedicated criminal attorney today.

CHECK OUT MY SUPER LAWYERS DUI RISING STARS AWARD HERE

Understanding Alcohol-Related Driving Offenses

The Montgomery County Police Alcohol Initiatives Unit focuses on detecting alcohol-related offenses. They collaborate with officers from various police districts to conduct checkpoints and periods of heightened enforcement to identify drivers impaired by drugs or alcohol. Their efforts contribute to the Checkpoint Strike Force program, a national campaign organized by the National Highway Traffic Safety Administration (NHTSA).

Maryland DUI and DWI Laws

Maryland Transportation Code Section 21-902 categorizes DUI charges into two primary categories: driving under the influence (DUI) and driving while impaired (DWI).

• Driving Under the Influence (DUI): A more serious offense, typically charged when alcohol consumption significantly impacts driving abilities. Defined in Code Section 11-174.1, a blood alcohol concentration (BAC) of .08 percent or above is considered sufficient evidence of impairment.
• Driving While Impaired (DWI): A less serious offense for individuals who have consumed alcohol but have a BAC below .08 percent.

You cannot be convicted of both DUI and DWI. If found guilty of a Maryland DUI, the DWI charge merges into the DUI charge. DUI or related charges can also arise from the use of drugs that impair driving ability, including prescription medications.

Penalties for DUI and DWI

Penalties for DUI and DWI vary based on your criminal record and the specific charge:

• First DUI: Up to $1,000 fine, one year incarceration, six-month license suspension, and 12 demerit points.
• First DWI: Up to $500 fine, 60 days incarceration, and eight demerit points.
• Second DUI: Minimum five days, maximum two years jail, one-year license revocation, up to $2,000 fine, and potential ignition interlock device requirement.
• Second DWI: Up to one year in jail, up to $500 fine, and up to 270 days license suspension.
• Third DUI: Up to three years jail, 18-month license suspension, and up to $3,000 fine.
• Third DWI: 12-month license suspension and up to one year incarceration.

Aggravating factors, like having a child in the vehicle, can lead to harsher penalties.

Montgomery County Courthouse

The Montgomery County Circuit Court is located in Rockville, Maryland, and is accessible by public transportation and paid parking options.

Building Your Defense Against Maryland DUI Charges

Depending on your situation, you may be eligible for Probation Before Judgment, plea bargaining, or challenging evidence collected in violation of your rights. In your defense, we may challenge:

• The constitutionality of the initial stop.
• Whether you were actually driving as defined by statute and case law (e.g., asleep in a parking lot may not be considered driving).
• Whether you were intoxicated or impaired to the extent that you could not safely operate a motor vehicle.

You could lose the MVA hearing and still win your court case, and vice-versa.

A qualified and experienced DUI lawyer can evaluate your options and build a strong defense. Call today for a free consultation.

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for personalized guidance.

What’s the Point of an Maryland DUI MVA Hearing?

This hearing is your chance to fight the suspension of your driver’s license, it is completely separate from your criminal case and is unrrelated to your criminal court case. You can win the MVA hearing and lose the criminal case, or you can win the criminal case and lose the MVA hearing, they have no relation to one another.

Why choose between a hearing and the interlock in a Maryland DUI case?

Here’s where it gets a bit tricky. You have two main options after a being charged with a Maryland DUI or DWI:

1. Request a Maryland DUI MVA hearing: This is where you try to convince the MVA officer that your license shouldn’t be suspended, or at least, not for the full duration.
2. Install an ignition interlock device (IID): This is a breathalyzer-like device that you have to blow into before your car will start. If it detects alcohol, your car won’t start.

You can’t do both. If you choose the hearing route, you can’t get an IID. And if you install an IID, you’re essentially giving up your right to a hearing.

Why would I want an IID?

The IID might seem like a pain, but it actually has a big advantage. If you install it, you can usually get a restricted license right away, meaning you can still drive to work, school, etc. If you only go with the hearing, you won’t be able to drive at all until after the hearing – and even then, you might lose your license for a while.

What if I lose the hearing?

Even if you request a hearing and end up losing, the MVA officer might still give you the option to install an IID to get a restricted license. So, you might end up with the interlock anyway.

The 10-day deadline:

This is super important! You only have 10 days from the date of your arrest to request an MVA hearing. If you miss that deadline, you lose your right to challenge the suspension.

The bottom line:

It’s a tough decision to make. Do you take your chances with the hearing and risk losing your license completely? Or do you install the IID and get a restricted license, but with the hassle of the device? Talk to a lawyer ASAP – they can help you understand your options and make the best decision for your situation.

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