Understanding Maryland’s Implied Consent Law

Driving under the influence (DUI) is a serious offense in Maryland, and understanding the implications of alcohol consumption while operating a motor vehicle is crucial for every driver. While many are aware of the legal blood alcohol concentration (BAC) limit, navigating the nuances of implied consent laws can be complex and daunting. In this guide, we’ll delve into what implied consent entails, its implications for drivers, and the importance of seeking legal counsel if faced with DUI allegations.

Determining Alcohol Consumption Limits

Before discussing implied consent laws, it’s essential to understand how alcohol consumption affects intoxication levels. The National Institute on Alcohol Abuse and Alcoholism defines a standard drink as containing half an ounce of alcohol. Therefore, whether it’s a 12-ounce beer, a five-ounce glass of wine, or a 1.5-ounce shot of liquor, each qualifies as one alcoholic beverage.

However, quantifying the exact amount of alcohol required to reach legal intoxication is challenging. Various factors, including weight, metabolism, and stomach contents, influence an individual’s BAC. 

Understanding Implied Consent Laws

Implied consent laws grant law enforcement the authority to conduct chemical tests on individuals suspected of driving under the influence. In Maryland, these laws stipulate that by obtaining a driver’s license, individuals implicitly consent to chemical testing if an officer reasonably suspects DUI.

When a driver refuses to undergo a blood, breath, or urine test, Maryland’s implied consent law triggers automatic penalties. For first-time offenders, this refusal results in a license suspension for hundreds of days, while subsequent violations may lead to a one-year suspension.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

The Consequences of Refusal

Refusing to submit to a chemical test carries significant repercussions beyond license suspension. It can complicate legal proceedings and potentially worsen the outcome of DUI charges. Additionally, it’s crucial to recognize that implied consent laws do not require law enforcement to obtain a warrant before conducting such tests, emphasizing the importance of understanding one’s rights and legal options when confronted with DUI allegations.

The Legal Process

Upon being charged with DUI in Maryland, it’s essential to comprehend the legal process and potential consequences. From the moment of arrest to court proceedings and potential penalties, each step carries its own challenges and considerations. Having a knowledgeable attorney by your side can make a significant difference in navigating this process effectively and advocating for the best possible outcome.

This is not the first time that I need it the services of Alpert Schreyer Poe law firm . I had a previous DUI charge not even three months ago and got another one and that’s what brought me back. In each case ,the law firm came through for me after having three DUIs. The law firm was able to talk to the states attorney and all I received was the ankle bracelet and breathalyzer in two years probation. I highly recommend this law firm. They seem to care about their clients more than just hours on a job. If there’s anyone that needs trouble that I can help I would give them the card that they gave me which was a lifesaver. A very special thanks to Michael Berman who performed outstanding.”

- Kenneth T.

Legal Defenses and Strategies

When facing DUI charges, exploring potential legal defenses and strategies is crucial. From challenging the validity of chemical test results to questioning the legality of the traffic stop itself, various avenues exist for building a robust defense. Additionally, mitigating factors such as lack of probable cause or medical conditions affecting test results can further strengthen your case. A skilled DUI attorney will assess the details of your situation and develop a tailored defense strategy aimed at securing a favorable resolution.

Educating Drivers on DUI Risks

Beyond legal implications, educating drivers on the risks associated with DUI is paramount. Impaired driving not only endangers the lives of those on the road, but also carries severe legal and financial consequences. By promoting awareness of the dangers of driving under the influence and encouraging responsible alcohol consumption, communities can work toward reducing DUI incidents and enhancing public safety.

Supporting Prevention Efforts

In addition to raising awareness, supporting prevention efforts is crucial in combating DUI-related incidents. Community initiatives, such as designated driver programs and alcohol education campaigns, play a vital role in promoting responsible behavior and preventing impaired driving.

Related Videos

Investing in Rehabilitation and Support Services

For individuals struggling with alcohol dependency or facing DUI charges, access to rehabilitation and support services is essential. Investing in programs that address substance abuse issues and provide counseling and treatment can help offenders overcome their challenges and reduce the likelihood of repeat offenses. Focusing on rehabilitation rather than solely punitive measures can help address the root causes of DUI incidents and promote long-term behavioral change.

Empowering Communities Through Education

Empowering communities through education and outreach initiatives is essential in combating DUI offenses. By providing resources, workshops, and informational sessions on alcohol awareness and responsible driving practices, we can equip individuals with the knowledge and tools they need to make safe choices behind the wheel. By fostering a culture of responsibility and accountability, we can work together to create safer roads and communities for all.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

View More Results

Promoting Alternative Transportation Option

Encouraging the use of alternative transportation options is key to preventing DUI incidents. From ridesharing services to public transportation and designated driver programs, there are numerous alternatives to driving under the influence. By promoting these options and making them readily available, we can empower individuals to make responsible choices and avoid putting themselves and others at risk.

Protecting Your Rights

If you’re facing DUI charges or have questions about implied consent laws in Maryland, don’t hesitate to seek legal assistance. The team at Alpert Schreyer, LLC is here to help. Our experienced attorneys understand the complexities of DUI cases and can provide the guidance and representation you need to protect your rights and pursue a favorable outcome.

Contact us today to schedule a consultation and learn more about your options for defense. With our dedicated advocacy and personalized approach, we’ll work tirelessly to ensure your rights are upheld and your interests are represented effectively. Don’t navigate the legal process alone — let us be your trusted ally in the fight against DUI allegations.