Maryland: 301-854-9000/410-995-1515 | Northern Virginia: 703-916-1227 | Richmond, Virginia: 804-643-3783 | Washington, D.C.: 202-554-1449

Maryland DUI Attorney Explains What You Need to Know if You are Arrested for DUI/DWI in Maryland, Virginia, or in the District of Columbia.

1. What should I do if my license was confiscated by the police?

In these instances you were most likely issued a "temporary driver's license". The white copy should be kept in your glove box and it permits you to continue driving for 45 days. After that time your license will be suspended unless you "timely" seek an extension or modification to drive for limited purposes, including school, work or alcohol education or treatment. The request must be postmarked within ten days of your arrest to ensure uninterrupted driving privileges until your hearing date.

An administrative hearing may enable you to obtain a modification so you can drive. In these cases you cannot have: (1) refused the breathalyzer test; (2) have a blood alcohol content (BAC) level more than 0.15; or (3) have had another offense within the previous five years. If you answer any of the above in the affirmative you still may be able to drive if you have the interlock device installed in your vehicle. This device is installed on the vehicles dash board. Before the vehicle can be started, the driver must first exhale into the device. The vehicle will not operate if alcohol is detected.

2. How long will my license be suspended?

For breathalyzer tests over 0.08 but less than 0.15, the driver's license maybe suspended for 45 days for a first offense and 90 days for a second or subsequent offense.

If the BAC result is 0.15 or more, the driver's license may be suspended for 90 days for a first offense and 180 days for a second or subsequent offense.

The suspension for a refusal to take the field sobriety test is 180 days for a first offense and one year for a second or subsequent offense.

3. How many hearing appearances do I need to attend?

Two if you request a MVA hearing. When charged with DUI or DWI you face punishment with both criminal charges and driving priviliges in both the Motor Vehicle Administration and the District Court of Maryland.

4. What does the State need to prove for a conviction?

First, there must be a legal stop. The arresting officer must be able to testify that he had a reasonable suspicion of a crime or traffic violation. Next, the first element of the crime of DUI (driving under the influence) or DWI (driving while intoxicated) is "driving" or "operating" a motor vehicle. The issue centers around a persons "control" over a motor vehicle. The vehicle need not be in motion, or the engine be on, to satisfy this element. If you are behind the wheel of a car, and the keys are nearby, you will be considered an operator of a motor vehicle.

The inquiry with respect to control must take into account: (1) whether or not the vehicle's engine is running, or ignition is on; (2) where and in what position person is found in vehicle; (3) whether the person is awake; (4) where ignition key is located; (5) whether headlights are on; and (6) whether vehicle is located in roadway or is legally parked. Atkinson vs. State, 331 Md. 199 (1993)

Next is the element of intoxication. This must be proven by: (1) a blood alcohol level in excess of a certain amount, or (2) showing by field tests that the driver of the vehicle was impaired from using alcohol or illegal drugs. The level of concentration needed to prove guilt is .07 or above. The results of the tests are usually considered conclusive, and can be challenged only by showing that the test failed for a reason such as faulty or malfunctioning test equipment, improper sampling, or faulty presentation of the sample.

Law enforcement officers also have a number of standard tests done at a time driver is stopped, known as "field sobriety tests". These tests include, the horizontal gaze nystagmus test, walking a straight line by placing one foot directly in front of the other, holding one's arms straight out at the sides and touching the nose with eyes closed, counting backwards, and reciting the alphabet. Other evidence of impairment may include the officers observation of the defendants driving, including: (a) speeding; (b) weaving; (c)going through a stop sign or traffic signal.

5. What is "blood-alcohol concentration" or "blood alcohol level"?

Blood-alcohol content (BAC) is the level of alcohol in the blood stream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measurement is a breathalyzer test. A result of .08 or higher may establish a presumption of intoxication.

6. Can I refuse a Breathalyzer test?

You may refuse to take the Breathalyzer test, and in some instances, for prior offenders, a refusal might be the right decision. However, a refusal itself is a criminal violation and carries its own penalties. For example, in Maryland if you refuse to take the breathalyzer test, you are "presumed" to have been intoxicated. Further, refusal triggers an automatic license suspension.

In Virginia the suspension is one year, in Maryland it is 180 days.

7. If its not my first DUI, is the sentence automatically longer?

No. Before trial the State must provide you, or your attorney, notice that it is seeking enhanced penalties. If it does not do so you should be treated as a first offender. Md. Rule §4-245 sets forth this required notice: (1) if it's a circuit court case notice must be received fifteen days before trial, and (2) and if its district court five days before trial.

8. What happens if I am convicted of DUI in the District Court for Maryland or in the General District Court for Virginia?

In both cases you have the right to a new trial in the circuit court.

We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County