Driving under the influence (DUI) is a serious offense in Maryland, carrying potentially severe penalties that can have long-lasting effects on an individual’s personal and professional life. Understanding your rights when facing DUI charges is critical, as is knowing the legal consequences you may face. Maryland has strict DUI laws in place to prevent impaired driving and ensure road safety. However, even the best of us can find ourselves in challenging situations where we are accused of driving under the influence. Knowing what to expect and how to handle DUI charges can make a significant difference in the outcome of your case.
Maryland law provides clear definitions and consequences for DUI offenses, with different degrees of severity depending on the circumstances. It is crucial for anyone charged with DUI to understand these nuances and the rights they possess throughout the legal process. A charge of DUI can be overwhelming, but it is important to remember that there are options for defense, and having the right legal team can be the difference between a favorable outcome and a harsh sentence.
What Constitutes a DUI in Maryland?
A DUI in Maryland is typically defined as driving with a blood alcohol concentration (BAC) of 0.08% or higher. Law enforcement uses various methods, including breathalyzer tests and field sobriety tests, to determine whether a driver is impaired by alcohol or drugs. The legal threshold for alcohol is well established, and exceeding this limit leads to a DUI charge. However, Maryland also has a lesser charge known as “Driving While Impaired” (DWI) for individuals who are found to have a BAC between 0.04% and 0.07%. While DWI is considered a less severe offense, it still carries legal consequences that can affect your life.
Additionally, it is important to note that DUI charges are not limited to alcohol consumption. Individuals can also be charged with DUI if they are found to be impaired by drugs, whether these are illegal substances or even prescription medications that affect their ability to drive safely. In such cases, law enforcement may conduct a drug recognition evaluation (DRE) to assess whether the individual is impaired by drugs. This means that even if your BAC is under the legal limit, you can still face charges if you are deemed to be under the influence of drugs.
Founding Partner Founding Partner Attorney Attorney
Andrew D. Alpert
Michael J. Schreyer
Michael Berman
Jason Miller
Understanding the Arrest Process for DUI in Maryland
When a driver is suspected of DUI, the arrest process begins with a traffic stop. Law enforcement officers will often pull over a vehicle if they observe erratic driving or other indicators of impairment, such as swerving between lanes or speeding. Once stopped, the officer will typically ask the driver questions about their activities, such as whether they have consumed alcohol. The officer may also ask the driver to perform field sobriety tests to assess coordination and balance. These tests, along with any observations the officer makes, can be used as evidence in the case against the driver.
If the officer has probable cause to believe the driver is impaired, they will administer a breathalyzer test to measure the driver’s BAC. If the BAC exceeds the legal limit of 0.08%, the driver will be placed under arrest for DUI. In some cases, the driver may refuse the breathalyzer test, but doing so can lead to automatic penalties, such as the suspension of their driver’s license. Once arrested, the individual will be taken into custody, where they will be processed and likely asked to take a formal breath or blood test.
After the arrest, the individual will have to appear in court to face the charges. At this stage, it is essential to have legal representation that can navigate the complexities of Maryland DUI law and advocate on behalf of the accused.
Attorneys Alpert, Berman, and their staff help guide those of us caught up in circumstances that are ultimately under our control … first, by pointing out how to regain some control, then by guiding us so we never have to deal with such situations again (using our own self-determination). I am very happy with my outcome. Andrew Alpert contributes to the field of knowledge and contemporary practice standards based on science. This team is definitely worth it! They worked closely with me, gave me honest and sensible advice, and they really secured a good outcome for me. Highly recommended.” - Raja S
The Penalties for a DUI Conviction in Maryland
The penalties for a DUI conviction in Maryland depend on several factors, including whether it is the individual’s first offense, their BAC level at the time of arrest, and whether any aggravating circumstances were present, such as causing an accident or having a minor in the vehicle. A first-time DUI conviction can result in fines, jail time, and the suspension of the individual’s driver’s license. Maryland law allows for fines of up to $1,000 and imprisonment for up to one year for a first offense. In addition, the individual’s license may be suspended for up to six months, and they may be required to attend alcohol education programs or undergo substance abuse treatment.
For repeat offenders, the penalties become more severe. A second DUI offense can result in fines of up to $2,000, imprisonment for up to two years, and a longer license suspension. Individuals convicted of a third DUI offense can face up to three years in prison and even higher fines. Additionally, the court may impose the use of an ignition interlock device, which requires the driver to pass a breathalyzer test before starting their vehicle.
Beyond the legal penalties, a DUI conviction can have lasting impacts on an individual’s personal life, career, and reputation. Having a criminal record can make it difficult to secure employment, obtain housing, or pursue certain professional licenses. For this reason, defending against a DUI charge is crucial.
Will My DUI Show Up on a Criminal Record? DUI Arrests in MarylandRelated Videos
Defenses Against DUI Charges in Maryland
Facing DUI charges can be daunting, but it is important to understand that there are possible defenses available that may reduce or eliminate the charges. One common defense is challenging the accuracy of the BAC test results. Breathalyzer machines are not infallible, and there are several factors that can lead to inaccurate readings, such as improper calibration of the device or the presence of certain medical conditions that can affect the test. If it can be shown that the BAC results are unreliable, the charges may be reduced or dismissed.
Another possible defense is arguing that the traffic stop was unlawful. Law enforcement must have a valid reason, or probable cause, to pull over a driver in the first place. If it can be proven that the officer lacked probable cause or violated the driver’s constitutional rights during the stop, the evidence obtained during the stop, including BAC results, may be inadmissible in court.
In cases involving drug impairment, it may be possible to challenge the reliability of the drug recognition evaluation (DRE). These evaluations are subjective and may be open to interpretation. If the defense can cast doubt on the officer’s ability to accurately assess impairment due to drugs, it may weaken the prosecution’s case.
Having a skilled legal team is critical when developing a defense strategy. An experienced attorney will carefully review the circumstances of the arrest, evaluate the evidence, and work to build a defense tailored to the specific facts of the case.
Verdicts & Settlements
The Impact of a DUI on Your Driver’s License
In Maryland, a DUI conviction can have a significant impact on an individual’s ability to drive. The Maryland Motor Vehicle Administration (MVA) imposes administrative penalties on top of the criminal penalties associated with a DUI conviction. One of the most immediate consequences is the suspension or revocation of the driver’s license. For a first offense, the suspension period is typically six months. However, for repeat offenders or those with a high BAC, the suspension period can be much longer.
Individuals may have the option to request a hearing with the MVA to challenge the license suspension or request participation in the ignition interlock program. The ignition interlock program allows individuals to regain limited driving privileges by installing a breathalyzer device in their vehicle. This device prevents the vehicle from starting if alcohol is detected on the driver’s breath.
Losing the ability to drive can be incredibly disruptive, affecting one’s ability to work, attend school, or take care of family responsibilities. It is critical to explore all available options for minimizing the impact on your driving privileges when facing DUI charges.
Seeking Legal Representation for a DUI Charge in Maryland
Navigating the legal system after a DUI charge can be complex and intimidating. From understanding your rights to building a defense strategy, having legal representation is essential. Maryland DUI laws are stringent, and even a first-time offense can result in serious penalties. However, you do not have to face these charges alone.
If you or a loved one has been charged with DUI in Maryland, the team at Alpert Schreyer, LLC is here to help. With extensive experience handling DUI cases, we understand the intricacies of Maryland DUI law and are committed to providing vigorous defense for our clients. We will work closely with you to evaluate your case, explore defense options, and fight for the best possible outcome. Do not let a DUI charge derail your life. Contact Alpert Schreyer, LLC today to discuss your case and protect your future.