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 Lawyers / Virginia DUI Attorneys

If you drive while intoxicated in Maryland or drive under the influence in Virginia you run the risk of killing or seriously injuring yourself and someone else. In addition you run the risk of losing your license, going to jail, losing a security clearance, a job and damaging your reputation. The most serious charge carries a maximum penalty of three years incarceration or a $3,000 fine.  Additionally, if charged with a Maryland DUI or DWI, you can lose your privilege to drive for up to one year or more.  Maryland, Virginia and the District of Columbia all not long ago lowered the legal limit for driving while intoxicated. Our experienced Maryland DUI/DWI attorneys and Virginia DUI lawyers can inform you of what you need to know if you are arrested for drinking and driving. Each county can have distinct characteristics which may affect the ultimate disposition of your case, your ability to drive and your driving record.

Maryland Drinking and Driving Laws

Maryland is one of many states that have a "two-tiered" drinking and driving statute prohibiting two distinct levels of impairment.

Driving Under the Influence of Alcohol: DUI

The more serious offense, codified in Transportation § 21-902(a)(1), is driving under the influence of alcohol or what is commonly referred to as DUI. If the defendant submits to a police administered blood or breath alcohol test and the reading is 0.08 or higher there is a permissive inference that the driver was under the influence of alcohol.  Driving under the influence is a statutory misdemeanor with a maximum penalty of one year in jail and/or a $1,000 fine. Motor Vehicle Administration penalties can include the imposition of twelve points, and the possibility of a revocation of the driver’s license or privilege to drive.

Driving While Impaired by Alcohol: DWI

The lesser offense, codified in Transportation § 21-902(b)(1), is driving while impaired by alcohol or what is commonly referred to as DWI. Where there is a blood or breath alcohol test that results in a blood alcohol reading of 0.07, it is considered prima facie evidence that the person is impaired by alcohol. Driving while impaired is a statutory misdemeanor with a maximum penalty of two months in jail and/or a $500 fine. Motor Vehicle Administration penalties can include the imposition of eight points, and the possibility of a suspension of the driver’s license or privilege to drive.

There is a common misconception that DWI stands for "driving while intoxicated" and is the more serious offense. This misunderstanding results from the fact that DWI once stood for "driving while intoxicated", but the nomenclature changed in 2001 when the legislature lowered the legal limit at which a person is presumptively guilty from 0.10 to 0.08.

Driving Under the Influence of Alcohol Per Se

Under Transportation § 21-902(a)(2), in order to convict the defendant of driving under the influence of alcohol per se, the State must prove that the defendant: (1) was driving; and (2) submitted to a blood or breath test with a result of 0.08 or more at the time of testing. The maximum penalty for driving under the influence of alcohol per se is one year in jail and/or a $1,000 fine. Motor Vehicle Administration penalties can include the imposition of twelve points, and the possibility of a revocation of the driver’s license or privilege to drive.

Low Blood Alcohol Content or No Breath or Blood Test

If the defendant’s blood or breath test is greater than 0.05 but less than 0.07 there is no presumption that the defendant was driving under the influence or impaired by alcohol. If the test result is a 0.05 or less, there is a presumption that the defendant was not driving under the influence or impaired by alcohol. In the absence of a breath or blood test, there must be some evidence that the defendant consumed alcohol prior to or while driving.

Proof of this element can consist of evidence that a witness detected an odor of alcohol on the defendant’s breath, slurred speech, red or glazed eyes, an open container in the vehicle, four or more clues out of six on the horizontal gaze nystagmus test, a statement by the defendant admitting to consuming alcohol, or other evidence tending to show that the defendant consumed alcohol prior to or while driving. Law enforcement has three standard field sobriety test used to determine whether a suspect is driving under the influence of or while impaired by alcohol. They include horizontal gaze nystagmus test, the walk and turn test, and the one leg stand test.

Refusal to Submit to a Breath or Blood Test for Alcohol

If an individual arrested for drunk driving refuses to submit to a breath or blood test for alcohol that refusal is admissible at trial. However, a refusal to submit to the breath test at the scene of the arrest or the result of that breath test is not admissible at trial. Transportation § 27-101(x) provides that the State can seek an enhanced penalty where it shows the defendant "knowingly refused the test. If the State gives proper notice of its intention to seek an enhanced penalty, five days before trial in district court and fifteen days before trial in circuit court, and proves beyond a reasonable doubt that the defendant refused a breath or blood test there is an enhanced maximum additional penalty of two months incarceration and/or a $500 fine.

In addition, under Transportation § 16-205.1 the defendant’s license will be suspended for 120 days for a first offense and one year for a subsequent offense. The defendant will be ineligible for modification of the suspension or issuance of a restrictive license, unless the defendant participates in the Ignition Interlock System Program under Transportation § 16-404.1.

Second or Subsequent Offenses

If a defendant is convicted under Transportation § 21-902(b), (driving while impaired by alcohol) and found to be a second or subsequent offender pursuant to Transportation § 27-101(f) that individual is subject to a fine of not more than $500 and/or imprisonment for up to one year.

If a defendant is found to be a second offender after a conviction under Transportation § 21-902(a), (driving while under the influence of alcohol or driving under the influence of alcohol per se) pursuant to Transportation § 27-101(k) that individual is subject to a fine of not more than $2000 and/or imprisonment for up to two years.

If a defendant is found to be a third time or subsequent offender after a conviction under Transportation § 21-902(a), (driving while under the influence of alcohol or driving under the influence of alcohol per se) pursuant to Transportation § 27-101(k) that individual is subject to a fine of not more than $3000 and/or imprisonment for up to three years.

If the defendant is convicted of a violation of Transportation § 21-902(a) within five years after a prior conviction of § 21-902, pursuant to Transportation § 27-101(j), the defendant is subject to a mandatory minimum penalty of imprisonment of five days.

If the defendant is convicted of a third or subsequent offense under Transportation § 21-902(a) within five years, the defendant is subject to a mandatory minimum penalty of imprisonment of five days.

If a defendant is convicted of driving while license/privilege is canceled, suspended, refused or revoked, or fleeing or eluding police and found to be a second or subsequent offender, pursuant to Transportation § 27-101(h) or (p), the defendant is subject to a fine of up to $1000 and/or imprisonment of up to two years.

Suspension of Maryland Driver’s License or Driving Privilege

Under Transportation § 16-205.1, if a suspect refuses to submit to the test, or submit to the test and the result indicates and alcohol concentration of 0.08 or more at the time of testing, the individual’s Maryland driver’s license will be confiscated, an Order of Suspension will be issued and, if eligible, a temporary license valid for 45 days will be issued. The defendant’s driving privilege will be suspended on the 46^th day after the order of suspension if there is no request for an administrative hearing within ten days of the Order of Suspension or, if eligible, there is no election within thirty days of the Order of Suspension to participate in the Ignition Interlock System Program for one year. The following periods of suspension shall be imposed against the license or privilege to drive in Maryland:

If the test result is an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second offense or subsequent offense.

If the test result is an alcohol concentration of 0.15 or more: The suspension will be 90 days for a first offense and 180 days for a second or subsequent offense.

If there is a refusal to submit to a test: The suspension will be 120 days for a first offense and one year for a second or subsequent offense.

Administrative Hearing

Defendants may request an Administrative Hearing, at any time within thirty days of the date of the Order of suspension, to show cause why that individuals license or privilege should not be suspended. The hearing must be requested within ten days of the date of the Order of Suspension to ensure that the individuals privilege to drive is not suspended prior to the hearing. The request for a hearing must be made in writing. Usually a "Hearing Request" form is provided to the defendant by the law enforcement agent. The request must be sent to the Office of Administrative Hearings at 11101 Gilroy Road, Hunt Valley, Maryland 21031-1301. A money order or check for $125.00, which is the required filing fee, must be included made payable to the "Maryland State Treasurer." The request will be invalid if made without the filing fee.

Modification of the Suspension or Issuance of a Restrictive License

If the test result is an alcohol concentration of 0.08 but less than 0.15: The suspension may be modified or a restrictive license may be issued at a hearing in certain circumstances.

If there is a refusal of a test, or the test has a result of 0.15 or more: The defendant is ineligible for modification of the suspension or issuance of a restrictive license, unless the defendant elects to participate in the Ignition Interlock System Program under Transportation § 16-404.1.

Defenses to Drinking and Driving Charges

Many defenses to DWI or DUI, such as, an unauthorized stop by the police are losers. A good criminal lawyer, however, does know which defenses may lead to an acquittal.  If you are driving in an unusual fashion, i.e. swerving the police have the right to stop your vehicle. Arguing later, in court, that you were not swerving, is not even possible. Further, the police have the right to stop your vehicle at a sobriety check point. Upon being stopped, if the officer suspects that you were intoxicated, (in other words if you demonstrate any of the signs such as slurred speech, blood shot eyes or alcohol smell) you can be asked to perform certain field tests. Standard field sobriety tests include horizontal gaze nystagmus test (eyes), the one leg stand, and the walk and turn. Other tests include reciting the alphabet and counting backwards.  If the officer requests a test that is not standard and seems unfair you are completely within your rights if you refuse. You may also be asked to take a chemical sobriety test. Our advice is to take the test and cooperate.  If you refuse to submit to a test or the test indicates a blood alcohol concentration of .15 or higher, you may elect to participate in the Ignition Interlock System Program for one year, under Transportation §16-404.1. Law enforcement does have to follow proper procedure. If law enforcement fails to follow proper procedure their failure could create a defect in the State's case that may lead to aquittal our dismissal of the charges.

Aggressive DUI/DWI Defenses

Howard County DUI/DWI Defenses

Montgomery County DUI/DWI Defenses

Prince George's County DUI/DWI Defenses

Anne Arundel County DUI/DWI Defenses

Baltimore County DUI/DWI Defenses

Baltimore City DUI/DWI Defenses

Frederick County DUI/DWI Defenses

Maryland Regulations Regarding Breath Test

• There must be a record of monthly maintenance check by a properly certified maintenance technician with an approved .08 reference solution, and the results must be between 0.072 and 0.088.
• The operator must be a police officer, a full time Laboratory Technician of a participating agency, an employee of the toxicologist, must have successfully completed "the Basic Breath Test Operator Course approved by the toxicologist and must have been initially certified within the last 15 months or recertified within the last 13 months.
• Operators must perform at least one test per month or provide a reason in their Breath Test Operator’s Log.
• The following records are required to be kept:

1. Alcohol Testing Program Log
2. Operators must maintain a permanent Breath Test Operator’s Log
3. Alcohol Influence Summary Report
4. Breath Test Instrument Field Inspection Report Form

• All agencies conducting breath tests must be properly approved.
• Each agency must have a Breath Test Supervisor.
• Each agency must send an exact photocopy of the Alcohol Testing Program Log and Breath Test Operator’s Log to the toxicologist on a monthly basis "no later than the 15^th of each month for the proceeding month.
• The Alcohol Influence Summary must be sent by the Breath Test Supervisor to CTAU (Chemical Test for Alcohol Unit) every month.
• The person to be tested must have had nothing to eat or drink, must not have placed any foreign substances in his or her mouth or respiratory tract, and must not smoke twenty minutes prior to the time a breath sample is taken. The subject shall be observed and mouth checked.
• The proper test sequence must be followed including valid blank tests and alcohol reference solution tests with results between 0.072 and 0.088.
• Alcohol reference solutions must be approved by the toxicologist.
• The Intox EC/IR must be certified.

If the following procedures are not complied with that failure can result in the suppression of breath test evidence at trial and could lead to acquittal and a not guilty verdict.

Basic Guidelines

In the event you are charged with driving while intoxicated or driving under the influence, you will be given certain documents. One paper is a temporary license and motor vehicle hearing request form. This form, along with the appropriate hearing fee, should be mailed to the MVA immediately so you obtain a license hearing. If it is your first offense and you took the breathalyzer test, and did not blow too high, the hearing should enable you to obtain a restricted license instead of a suspension.

In addition to a Motor Vehicle Administration (MVA) hearing, you will have a hearing in the district court in the county where the Maryland offense occurred. At trial the outcome will depend on actions that you have taken since the DWI or DUI. Prior DWI or DUI convictions are taken very seriously and may result in some jail time. On the other hand, if you have not been arrested before and have enrolled in an out-patient court approved alcohol rehabilitation program, the court will look more favorably upon you. In Maryland, if you follow certain court imposed restrictions you may obtain a probation before judgment. Probation before judgment means that if you are not convictrd again during the probationary period and follow the court's restrictions and/or requests you will have no criminal record for this offense. A probation before judgment means there is no conviction, therefore MVA can impose no points and your insurance rates will not go up.

If you are convicted of a DUI or DWI the Motor Vehicle Administration may take action against your license seeking to suspend, revoke or otherwise restrict driving privileges.  In certain cases one offense may lead to suspension or revocation.  Prior to having your driving privileges suspended or revoked you are entitled to a hearing.  You will need a good Maryland DUI attorney or Virginia DUI lawyer at the hearing to help modify your suspension or obtain a restricted license. 

Over the last twenty years our DUI and DWI clients have addressed numerous questions to Portner & Shure attorneys at the initial meetings. Since some of these questions have been repeated by different DUI and DWI clients, on countless occasions, we have included them on a separate section of this website for your reference. To view the questions and answers "click here".

Read articles published by Portner & Shure attorneys on developments in DUI/DWI law:

When Can an Officer in Howard County or Montgomery County Charge You With DUI or DWI in Maryland?

Denial of Right to Consult an Attorney Before Taking a Breathalyzer

Should Maryland and Virginia Require Translation of DUI-Test Consent?

Top Ten Mistakes to Avoid in a Maryland DUI/DWI Case  

Top Ten Mistakes to Avoid in a Virginia DUI / DWI Case

 

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

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Library for DUI/DWI:

• Interlock and Driving for Work: What if My Work Car Doesn’t Have Interlock?   
  Many people drive company cars or work vehicles. Some employers will not allow interlock to be installed. What do you do if you get a DUI and are forced to get Interlock?
• Maryland DUI Attorney: DUI and DWI Involving Death or Life Threatening Injury   
  Drinking and driving can have deadly consequences. If you injure or kill someone while driving under the influence the potential penalties are enhanced.
• Federal Jurisdiction in Maryland DUI and DWI Cases   
  Arrested for drinking and driving on Baltimore Washington Parkway, Suitland Parkway, Fort Meade or Andrews Airforce base? Contact our Federal DUI lawyers today.
• Frederick County DUI and DWI Statistics for 2010   
  In 2010 there were 900 DUI and DWI cases filed in Frederick County. 1,027 drunk driving cases were tried in Frederick County District Court.
• Anne Arundel County DUI and DWI Statistics for 2010   
  In 2010 there were 2,009 DUI and DWI cases filed in Anne Arundel County. 2,468 drunk driving cases were tried in Anne Arundel County District Court.
• Baltimore County DUI and DWI Statistics for 2010   
  In 2010 there were 2,459 DUI and DWI cases filed in Baltimore County. 2,563 drunk driving cases were tried in Baltimore County District Court.
• Maryland DUI and DWI 2010 Statistics by County   
  Have you been charged with DUI or DWI in Howard County, Prince George's County, Montgomery County or Anne Arundel County. Contact our Maryland DUI lawyers.
• MVA Hearings in Maryland DUI Cases   
  What happens at an MVA hearing for a DUI or DWI? What if I refused the breathlyzer? Can I get a temporary Maryland license or a modification of my suspension?
• The Truth About Maryland DUI/DWI Field Sobriety Tests   
  How do you pass or fail a field sobriety test? What do Maryland police officers look for during a DUI arrest. Our Howard County DWI lawyers know the answers.
• DUI/DWI Horizontal Gaze Nystagmus Test   
  Maryland DUI and DWI field sobriety tests include a horizontal gaze nystagmus test. How does a person stopped for drinking and driving pass or fail the HGN test
• DUI/DWI One-Leg Stand Test   
  How do you pass or fail the one leg stand field sobriety test? What do Maryland police look for during field sobriety tests? Our Maryland DUI lawyers know.
• DUI/DWI Walk-and-Turn Test   
  How do you pass or fail the walk and turn field sobriety test during a Maryland DUI stop? What are the rules? Our Maryland DUI attorneys and DWI lawyers know.
• Top Ten Mistakes to Avoid in a Virginia DUI / DWI Case   
  Charged with a DUI or DWI in the Commonwealth of Virginia? Facing drinking and driving charges in Northern Virginia? Contact our Northern Virginia DUI lawyers.
• After a DUI charge Alcohol Counseling is a Necessity   
  Maryland DUI charges are serious. Someone facing drinking and driving charges in Howard, Prince George's or Montgomery County must seek out alcohol counseling.
• Probation Before Judgment in Maryland DUI and DWI Cases   
  If you are arrested for the first time in Maryland for drinking and driving you may be eligable for a PBJ or probation before judgment. Contact our DUI lawyers.
• When Can an Officer in Howard County or Montgomery County Charge You With DUI or DWI in Maryland?   
  What can you do if you were arrested for DUI and you were not driving? Our Howard County, Prince George's County and Montgomery County DUI and DWI lawyers know.
• Not Hiring a DUI Attorney Immediately   
  When should I hire a Maryland DUI attorney? Do I need a DWI lawyer? These are questions our Howard County DUI attorneys and Ellicott City DWI lawyers can answer
• Trying to Save a Buck   
  How expensive are Maryland DUI lawyers? Can a public defender represent me? Our Howard County DUI attorneys and DWI lawyers are reasonable and experienced.
• Failing to Request a Timely Maryland MVA Hearing   
  When do I request the MVA hearing for my DUI? What happens at the MVA hearing for my DWI? Will I lose my license. Our Howard County DUI lawyers know the answers
• Understanding a DUI / DWI Arrest in Maryland   
  Is a DUI a criminal or traffic offense? Can a DWI conviction be expunged? Will a DUI conviction affect my insurance? Our experienced DUI lawyers will explain.

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Frequent Questions for DUI/DWI:

• What can I do if I can't get interlock on my company car?
• What happens if a drunk driver kills someone?
• What happens if a drunk driver seriously injures someone?
• How are federal DUI and DWI charges different from state charges?
• What is the difference between DUI and DWI in Maryland?
• How do you fail the walk-and-turn field sobriety test?
• I have a commercial driver's license and was pulled over for DUI/DWI. Is there something different I need to do now?
• TEN THINGS OFFICERS ARE LOOKING FOR BEFORE THEY PULL A DRUNK DRIVER OVER FOR DRUNK DRIVING
• What will it cost to get a Maryland or Virginia DUI/DWI Lawyer?
• I thought I did well on the Maryland or Virginia DUI field tests, why was I arrested?
• Why did I receive so many tickets when I was arrested for drunk driving?
• What does probation before judgment mean?
• Should I request to speak to a lawyer before I take a breathalyser or field sobriety tests?
• What is your right to expungement of a DWI or DUI in Maryland?
• What should I do if my license was confiscated by the police?
• How long will my license be suspended?
• How many hearing appearances do I need to attend?
• What does the State need to prove for a conviction?
• What is "blood-alcohol concentration" or "blood alcohol content"?
• Can I refuse a breathalyzer test?

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Videos about DUI/DWI:

• Baltimore DUI Attorney, Nicholas Parr, Explains When a Person Charged With Drunk Driving May Need Interlock.
• Anne Arundel County DUI Lawyer Discusses Suspension of Driver's License After Drunk Driving Arrest.
• Frederick County DUI Attorney Discusses DUI and DWI's Involving Fatalities or Life Threatening Injuries
• Rockville DUI Lawyer Explains Subsequent DUI and DWI Offenses
• Montgomery County DUI Lawyer Discusses Standard Field Sobriety Tests
• Maryland DUI Lawyer Discusses Federal Jurisdiction
• Prince George's County DUI Lawyer Discusses Federal Jurisdiction
• Prince George's County DUI Attorney Discusses the One-Leg Stand Test
• Prince George's DUI Lawyer Discusses What to Do After Being Arrested for Drinking and Driving
• Montgomery County DUI Lawyer Explains the Horizontal Gaze Nystagmus Test
• Montgomery County DUI Attorney Explains Probation Before Judgment
• Mistakes to avoid in a Maryland Drunk Driving Case
• Howard County DUI Lawyer Explains Walk and Turn Field Sobriety Test
• Howard County DUI Attorney Explains the Differences Between a DWI and DUI
• Howard County DUI Lawyer discusses Right to Consult an Attorney Prior to Taking a Breathalyzer
• Abogado de DUI/DWI y Traffico

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Web Resources for DUI/DWI:

• Columbia Addictions Center

  Description: Columbia Addictions Center is a state certified substance abuse evaluation and treatment center.

• Howard County Health Department Alcohol Treatment and Evaluation

  Description:

  This is the link for the Howard County Health Department drug treatment center and alcohol rehabilitation in Columbia, Maryland. This Center provides alcohol evaluation and treatment for individuals facing DUI and DWI charges.

• Kolmac Clinic Alcohol and Drug Treatment Center

  Description:

  The Kolmac Clinic serves  the Washington, D.C. metro area with five substance abuse treatment centers for outpatient alcohol and drug treatment, rehabilitation and continuing care. If you are searching for a drug treatment center in Maryland or an alcohol treatment center in Maryland - the Kolmac Clinic operates four outpatient treatment centers conveniently located in Columbia, Gaithersburg, Silver Spring and Towson. The Kolmac Clinic also operates one outpatient alcohol and drug treatment center in Washington, D.C.

• Substance Abuse Professional (SAP) Services in Maryland

  Description:

  The SAP's fundamental responsibility is to provide a comprehensive face-to-face assessment and clinical evaluation to determine what level of assistance the employee needs in resolving problems associated with alcohol use or prohibited drug use.

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