Maryland Criminal Attorney BlogArticles Tagged with dui
Maryland DUI/DWI Frequently Asked Questions
What is the maximum penalty for a DUI in Maryland?
The maximum penalty for a DUI in Maryland is 1 year imprisonment and/or a $1,000 fine for the first offense, and 2 years imprisonment and/or a $2,000 fine for a second offense. See MD Code, Transportation §§ 21-901(a)(1), §27-101. If the offense involves the transportation of a minor, the maximum penalty increases to 5 years imprisonment and/or a $ 5,000 fine.
Do first-time DUI offenders go to jail in Maryland?
If you are convicted of a DUI, the court has the discretion to impose up to the maximum sentence, even if it is your first offense. While it is unlikely that a first-time DUI offender with an otherwise clean record will be sentenced to serve time in jail, a defendant’s criminal history is just one of the many factors that judges weigh at sentencing.
Aggravating factors that increase your likelihood of receiving jail time for a DUI conviction include:
- Evidence of a high level of impairment or intoxication;
- If the offense involved a car accident and/or property damage;
- If the offense involved bodily injury or death;
- If you were transporting a minor at the time of the offense; and
- If you were combative or uncooperative during the traffic stop
The sentencing court will also consider any mitigating factors supporting leniency, such as:
- Completion of a certified Alcohol Education Program
- Completion of a certified Driver-Improvement Program
- Submitting to a substance-abuse evaluation, and successfully completing any recommended treatment.
- A lack of prior alcohol-related driving offenses
What’s the Difference Between a DUI and a DWI in Maryland?
Maryland law prohibits both Driving Under the Influence (“DUI”) and Driving While Impaired (“DWI”). Both laws are misdemeanors that criminalize drunk driving, however, a DUI is considered a more serious offense and has greater maximum penalties. To be convicted of a DUI, the State must prove that you drove, or attempted to drive, with a blood-alcohol-concentration of .08 or higher (or, if under the age of 21, 0.02 or higher). Far less is required for a DWI conviction. The State need only prove that you drove, or attempted to drive, while impaired to some degree by drugs or alcohol.
| Penalties for First-Time DWI | Penalties for First-Time DUI |
| Up to 60 days in jail | Up to 1 year in jail |
| Up to a $500 fine | Up to $1,000 fine |
| Up to 6 months license suspension | Up to 6 months license revocation |
| 8 driver’s license points | 12 driver’s license points |
What do I do if I get pulled over for a suspected DUI in Maryland?
Remain calm and be respectful to the investigating officer. Provide your driver’s license, registration, and proof of insurance to the officer upon request. Remember that everything you do and say is being recorded on bodycam and/or dashcam footage and can be used as evidence against you.
If an officer suspects you are driving or attempting to drive under the influence of alcohol, you will be asked to perform a series of Standardized Field Sobriety Tests intended to assess your balance, coordination, and cognitive function. The most common exercises are standing on one leg while counting out loud, walking heel-to-toe on a straight line, and the horizontal gaze nystagmus test. You are not required to submit to any of these tests, however refusing to do so will not prevent the officer from arresting you on suspicion of DUI.
Remember that if you choose to submit to Standardized Field Sobriety tests, the results can be used against you as evidence. As you perform these tests, the officer will be watching for any signs of impairment, such as swaying, falling, slurred speech, and inability to follow directions. Listen carefully to the officer’s instructions, and do not begin the tests until told to do so. Inform the officer promptly of anything that could interfere with your ability to properly perform the tests, such as injuries, disabilities, or uneven terrain.
You may also be asked to submit to a Blood-Alcohol Concentration (BAC) test. Maryland law presumes that a person with a BAC of .08 or greater is under the influence of alcohol. You may refuse to submit to a BAC test, however doing so will not prevent the officer from arresting you for suspicion of DUI and may result in additional criminal and administrative penalties.
If you are charged with a DUI or DWI:
- Do not resist arrest.
- Exercise your right to remain silent.
- Make sure you have a copy of all your charging documents, including any statement of charges and DR-15 Advice of Rights form.
- Request an MVA hearing within 10 days.
- Contact an experienced DUI attorney as soon as possible.
Do you lose your license immediately after a DUI in Maryland?
If you are charged with a DUI or DWI, your driver’s license will be confiscated by the charging officer, and you will be issued a temporary license. The temporary license is valid for 45 days. If you do not request an MVA hearing to review suspension of your license within 10 days of the traffic stop, your privilege to drive in Maryland will be automatically suspended upon expiration of the temporary license. If you do not request an MVA hearing within 30 days of the stop, you will have completely waived your right to contest suspension of your license.
Upon conviction, a DUI will put 12 points on your driver’s license, making your license eligible for revocation based on points. A DWI conviction will add 8 points to your license, making your license eligible for suspension based on points. Md. Code, Transportation § 16-402.
Can you get a DUI on a bike? What about a scooter?
A person riding a bike while intoxicated is subject to the same criminal penalties as a person driving a motor vehicle. Although some provisions of the Maryland Transportation Article apply exclusively to motor vehicles, Maryland DUI and DWI laws prohibit driving or attempting to drive any “vehicle” while under the influence of or impaired by alcohol. Bicycles, e-bikes, ATVs, dirt bikes, and motorized scooters (except for Electronic Personal Assistive Mobility Devices*) are all considered “vehicles” under the Transportation Article.
*An “Electric personal assistive mobility device” or “EPAMD” is a pedestrian device that: 1) Has two non-tandem wheels; (2) Is self-balancing; (3) Is powered by an electric propulsion system; (4) Has a maximum speed capability of 15 miles per hour; and (5) Is designed to transport one person. MD Code, TR § 21-101(j).
We deal with DUI/DWI cases on a daily basis. For more information or a free consultation, please contact the Maryland criminal lawyers of Silverman Thompson or call (800) 385-2243.
Experienced DWI/DUI Lawyers Avoid Mistakes
The client did possess a commercial driver’s license but when he was pulled over for exceeding the speed limit by 15 miles per hour, he was operating his personal vehicle. When the Trooper approached the defendant he smelled of alcohol, had a flushed face and had slurred speech. The Trooper asked him to step out of the vehicle to perform field sobriety tests. In the opinion of the officer, his performance on the field sobriety tests indicated that he was impaired by alcohol. He was taken into custody and once back at the barracks, agreed to take the breathalyzer. The test result was .11 grams of alcohol per 210 milliliters of breath. The case against the defendant was strong to be sure. The Trooper clearly had probable cause to pull him over as he was exceeding the speed limit by 15 miles per hour. Based on the smell of alcohol, his performance on the field sobriety tests and the Trooper’s other observations, it was also quite clear that the Trooper had probable cause to take him into custody and request that he take a breathalyzer. He blew a .11 which is above the legal limit of .08. The attorney pled his client guilty to the DUI “per se” charge under 21-902A2 of the Motor Vehicle Code. In mitigation, he explained his client’s circumstances to include that he was the father of 3 and the sole breadwinner for the family. He advised that he was a truck driver with a commercial driver’s license. The attorney then requested probation before judgment so that his client “would be able to maintain his CDL and his employment”. The judge granted the request, stuck the guilty verdict and entered probation before judgment. Both the client and the attorney walked out of the courtroom with looks of relief and satisfaction. But did the attorney really do a good job for his client? The answer is no because, presumably due to his lack of experience, he didn’t understand the law. What the inexperienced apparently didn’t understand is that under Maryland Vehicle Law 16-803, even a probation before judgment on 21-902A violation, Driving Under the Influence of Alcohol, violation results in the mandatory revocation of a person’s commercial driver’s license for a year for the first offense and a permanent revocation for a second or subsequent offense. The fact that he received probation before judgment does not prevent the MVA from suspending his commercial driver’s license as the attorney apparently believed. The appropriate way to handle a case like this would have been to either try to convince the prosecutor to allow the client to plead to the lesser offense of 21-902(B). Under this subsection the defendant would not be subject to having his commercial license revoked. I have convinced prosecutors to do this in these types of cases many times simply because it is more often than not the right thing to do. If the State’s Attorney were unwilling to accommodate, as they usually are in these types of cases, then the case must be taken to trial. The attorney should have moved to suppress the test result and argued to the court that the evidence was sufficient only for the 21902B violation, but not the 21902A violation. These arguments are successfully made on a variety of grounds every day in the district courts of this state. Because this was not done, this client is going to have a rude awakening when he is notified by the MVA that his commercial license and therefore his livelihood will be taken away for a year. Had this client taken the time to do a little research and hired a DUI/DWI specialist, it is highly unlikely that this would have occurred.As an Aggressive and Experienced DUI Attorney, I have represented dozens of Defendants in DUI cases who have commercial driver’s license. These cases pose a unique set of challenges and considerations for Maryland DUI Attorneys as the administrative sanctions associated with commercial driver’s licenses are far different than the sanctions associated with standard Class C driver’s licenses. I have blogged often about the importance of selecting an attorney who specializes in DUI/DWI Defense when charged with this serious offense and this advice is even more applicable to cases involving commercial driver’s licenses. Unfortunately, all too often we see attorneys with little or no experience with these types of cases appearing in court to represent clients. Because of their lack of experience, these attorneys often make mistakes that can have serious consequences for their clients.
Often these attorneys make simple mistakes that no experienced DUI/DWI attorney would ever make. I was representing a client in the District Court of Baltimore County a few days ago. While waiting for my case to be called I witnessed an attorney whom I know not to be a Criminal/DUI Specialist representing a client in a DUI case involving a defendant with a commercial driver’s license. I found out later that this attorney was a so called “general practitioner who spends the majority of his time handle divorce and personal injury matters. In other words, he was NOT a DUI/DWI specialist. Here are the facts.
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Maryland DUI/Drunk Driving Defense to Breathalyzer
I recently defended a DUI case in the District Court in Baltimore, Maryland. My client had an acceptable performance on the field sobriety tests, but when he took the breathalyzer he “blew” a .23. The legal limit in Baltimore and Maryland for drunk driving (DUI) is .08. This was almost three times the legal limit. The case was dismissed, however, when it was pointed out that the Baltimore City Police breath technician did not give the defendant the breath test within two (2) hours from the time of the stop.
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