What is an Aggravated DUI in Maryland?

Key Takeaways

• Aggravating factors can include a high BAC, prior DUI convictions, having a minor in the vehicle, refusing a chemical test, or reckless driving.
• DUI penalties can include jail time, fines, license suspension or revocation, ignition interlock requirements, and a permanent criminal record.
• Alpert Schreyer, LLC attorneys will work on a defense strategy right away, should examine the evidence, including whether the traffic stop was lawful, if the field sobriety tests were reliable and properly conducted.

Maryland doesn’t have a separate criminal charge for an aggravated DUI, however, certain factors can increase the seriousness of a DUI charge and result in enhanced penalties. Knowing what may affect the seriousness of your case can help you understand your options and why an experienced DUI defense attorney at Alpert Schreyer, LLC is critical.

What Are the Aggravating Factors in a Maryland DUI Case?

Here are the most common aggravating factors in a Maryland DUI case.

• High Blood Alcohol Content (BAC)⎯If your BAC is 0.15% or higher.
• Prior DUI Convictions⎯If you’ve had a prior DUI conviction within five years, a subsequent DUI conviction usually carries a mandatory minimum jail sentence of five days. The mandatory minimum increases to 10 days for a third or subsequent DUI conviction within those five years.
• Minors in the Vehicle⎯Driving under the influence with a child in your vehicle can carry double the jail time if a child wasn’t in the vehicle, and higher fines.
• Chemical Test Refusal⎯Maryland’s implied consent law means that by driving on public roads, you’ve already agreed to chemical testing if police suspect a DUI. If you refuse the test, you could face an automatic license suspension. Prosecutors will try to use this refusal against you in court.
• Reckless Driving⎯If you were driving recklessly when police stopped you for a suspected DUI, you could face more than a DUI charge. Maryland law treats reckless driving as a separate offense, which can result in additional penalties on top of DUI charges.

Potential DUI Charges in Maryland

Depending on the circumstances, penalties can include:

• Jail Time⎯A first-time DUI carries up to 1 year in jail and a $1,000 fine. A second offense carries up to 2 years.
• License Suspension or Revocation⎯A DUI conviction can result in the suspension or revocation of your driver’s license. How long a license is suspended or revoked depends on the circumstances of the DUI.
• Ignition Interlock Device⎯You may be required to have an ignition interlock device installed in your car for up to three years.
• Permanent Criminal Record⎯A DUI conviction can stay on your criminal record, although some convictions could be expunged depending on the circumstances and applicable Maryland law.

DUI Defense Strategies

An aggravated DUI charge doesn’t mean you’ll be convicted, which is why you need to hire the only board-certified DUI defense attorney in Maryland at Alpert Schreyer, LLC to aggressively defend the charges against you. We will:

• Challenge the stop. Did the officer have a valid reason to pull you over? If there was no reasonable suspicion, any evidence gathered afterward may be inadmissible.
• Disputing field sobriety tests because these tests are subjective. Factors like medical conditions, fatigue, or uneven pavement can affect the results and raise questions about their reliability.
• Analyze breathalyzer results. Attorney Andrew Alpert holds the Forensic Lawyer-Scientist Designation as recognized by the Chemistry and the Law Division of the American Chemical Society. This designation means Andrew Alpert has specialized training in understanding and using reliable science in legal cases. He can examine scientific evidence, determine whether the methods used are trustworthy and properly supported, and challenge evidence based on questionable or unreliable science in court.
• Question police procedure. Officers must follow strict protocols during a DUI investigation, and any failure to follow proper procedures and cab become an important part of your defense.

Contact the Only Board-Certified Maryland DUI Attorney Today

If you’re facing an aggravated DUI charge, contact Alpert Schreyer, LLCs, experienced Maryland DUI attorneys 24/7 by calling us at (301) 720-1309 or filling out our online form. During your consultation we will:

• Go through what happened in detail (e.g., why you were stopped, whether you took a breath, blood, or field sobriety test, your BAC level, what the officer said and if your rights were explained).
• Review any documents or evidence you have such as the arrest report or citation, court notices, or test results.
• Go over challenges or weaknesses in the case.
• Explain the charges and potential penalties (e.g., fines, jail time, probation, license consequences, and impacts to your record).
• Explain the legal process and next steps.

We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, County, Charles County, all of Maryland, and the District of Columbia.

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