Baltimore, Maryland Driving Under the Influence Attorneys

Immediate Legal Help for DUI Charges in Baltimore, MD

Driving under the influence of drugs or alcohol (DUI) not only may result in a potential jail sentence, but a conviction also may lead to large monetary fines and "points" added to your driving record by the Motor Vehicle Administration. At Silverman Thompson, our criminal defense lawyers can provide representation for people who have been charged with DUI. We work to protect our clients' licenses and help them avoid serious penalties that could affect their futures.

Drunk Driving Charges in Maryland

There are two types of drinking and driving offenses in Maryland:

1. Driving while impaired, commonly known as a DWI
2. Driving while under the influence, commonly known as a DUI

It is also a crime to drive while impaired by drugs, even legal drugs. Punishments for DWIs and DUIs can result in jail time, fines, and points on a driving record. Subsequent offenses can increase the punishments that a person receives, with jail time that can go up to 10 years.

Even in cases where jail time may not be imposed, a criminal conviction and the points that are added to your license can lead to the loss of your ability to drive. Your insurance premiums may also increase significantly. When defending against DUI or DWI charges, it is crucial to get immediately legal help from a lawyer who knows how to defend against DUI and traffic violations.

Working With an Experienced DUI Defense Attorney

At Silverman Thompson, our Partner Brian G. Thompson is the head of our team that handles criminal cases and traffic matters. He and his team have extensive experience addressing these matters, with decades of work in that includes service as both defense attorneys and assistant state's attorneys. Our team focuses exclusively on criminal and traffic cases. We handle these issues daily, spending time in courts that address criminal and traffic matters rather than spending time in divorce court or handling personal injury cases like many other attorneys who claim to focus on DUI.

Our team understands how to address the charges you are facing. We can take steps to respond to the case, evaluating factors, from the original traffic stop to the arrest and blood alcohol content testing. We will review the procedures followed to determine whether officers followed the law and treated you in a fair manner. We can address issues such as:

• Was the traffic stop conducted legally?
• Did the police conduct the field sobriety tests correctly, and was the officer who conducted them properly trained to give them?
• Did police read you your Miranda rights before asking questions or taking statements?
• Was the arrest based on probable cause?
• Was the equipment used by the police to test your blood alcohol content properly maintained and calibrated according to Department of Health and Mental Hygiene guidelines?
• Did police prevent you from speaking to a lawyer after your arrest?

These issues and multiple other factors may be considered as we determine the best approach to take during your case.

DUI & DWI Frequently Asked Questions

What Is the Maximum Penalty for a DUI in Maryland?

The maximum penalty for a DUI in Maryland is one year imprisonment and/or a $1,000 fine for the first offense, and two years imprisonment and/or a $2,000 fine for a second offense. Subsequent offenses can carry maximum sentences of up to 10 years. See MD Code, Transportation §§ 21-901(a)(1), §27-101. If the offense involves the transportation of a minor, the maximum penalty increases to two years imprisonment and/or a $2,000 fine for a first offense.

Do First-Time DUI Offenders Go to Jail in Maryland?

If you are convicted of DUI, the court has the discretion to impose up to the maximum sentence, even if it is your first offense. While it is unlikely that a first-time DUI offender with an otherwise clean record will be sentenced to serve time in jail, a defendant's criminal history is just one of the many factors that judges weigh at sentencing.

Aggravating factors that may increase your likelihood of receiving jail time for a DUI conviction include:

• Evidence of a high level of impairment or intoxication
• An offense that involved a car accident and/or property damage
• An offense that involved bodily injury or death
• Transporting a minor at the time of the offense
• Being combative or uncooperative during the traffic stop

The sentencing court will also consider any mitigating factors that may support leniency, such as:

• Completion of a certified Alcohol Education Program
• Completion of a certified Driver-Improvement Program
• Submitting to a substance-abuse evaluation and successfully completing any recommended treatment
• A lack of prior alcohol-related driving offenses

What Is the Difference Between DUI and DWI in Maryland?

Maryland law prohibits both driving under the influence (DUI) and driving while impaired (DWI). Both laws are misdemeanors that criminalize drunk driving. However, DUI is considered a more serious offense and has greater maximum penalties. To be convicted of DUI, the State must prove that you drove, or attempted to drive, with a blood alcohol concentration of .08 or higher (or, if under the age of 21, .02 or higher). Far less is required for a DWI conviction. The State will only need to prove that you drove, or attempted to drive, while impaired to some degree by drugs or alcohol.

Penalties for First-Time DWI

• Up to 60 days in jail
• Up to a $500 fine
• Up to six months license suspension
• 8 driver's license points

Penalties for First-Time DUI

• Up to one year in jail
• Up to $1,000 fine
• Up to six months license revocation
• 12 driver's license points

What Do I Do if I Get Pulled Over for a Suspected DUI in Maryland?

Remain calm and be respectful to the investigating officer. Provide your driver's license, registration, and proof of insurance to the officer upon request. Remember that everything you do and say is being recorded on bodycam and/or dashcam footage and can be used as evidence against you.

If an officer suspects you are driving or attempting to drive under the influence of alcohol, you may be asked to perform a series of Standardized Field Sobriety Tests intended to assess your balance, coordination, and cognitive function. The most common exercises are standing on one leg while counting out loud, walking heel-to-toe on a straight line, and the horizontal gaze nystagmus test. You are not required to submit to any of these tests. However, refusing to do so will not prevent the officer from arresting you on suspicion of DUI.

Remember that if you choose to submit to Standardized Field Sobriety tests, the results can be used against you as evidence. As you perform these tests, the officer will be watching for any signs of impairment, such as swaying, falling, slurred speech, and inability to follow directions. Listen carefully to the officer's instructions, and do not begin the tests until told to do so. Inform the officer promptly of anything that could interfere with your ability to properly perform the tests, such as injuries, disabilities, or uneven terrain.

You may also be asked to submit to a blood alcohol concentration (BAC) test after being arrested. Maryland law presumes that a person with a BAC of .08 or greater is under the influence of alcohol. You may refuse to submit to a BAC test, but doing so may result in additional criminal and administrative penalties.

If you are charged with DUI or DWI:

• Do not resist arrest
• Exercise your right to remain silent
• Make sure you have a copy of all your charging documents, including any statement of charges and a DR-15 Advice of Rights form
• Request an MVA hearing within 10 days
• Contact an experienced DUI attorney as soon as possible

Do You Lose Your License Immediately After a DUI in Maryland?

If you are charged with a DUI or DWI, your driver's license will be confiscated by the charging officer, and you will be issued a temporary license. The temporary license is valid for 45 days. If you do not request an MVA hearing to review the suspension of your license within 10 days of the traffic stop, your privilege to drive in Maryland will be automatically suspended upon expiration of the temporary license. If you do not request an MVA hearing within 30 days of the stop, you will have completely waived your right to contest the suspension of your license.

Upon conviction, a DUI will put 12 points on your driver's license, making your license eligible for revocation based on points. A DWI conviction will add 8 points to your license, making your license eligible for suspension based on points. See Md. Code, Transportation § 16-402.

Can You Get a DUI on a Bike or Scooter?

A person riding a bike while intoxicated is subject to the same criminal penalties as a person driving a motor vehicle. Although some provisions of the Maryland Transportation Article apply exclusively to motor vehicles, Maryland DUI and DWI laws prohibit driving or attempting to drive any "vehicle" while under the influence of or impaired by alcohol. Bicycles, e-bikes, ATVs, dirt bikes, and motorized scooters (except for Electronic Personal Assistive Mobility Devices*) are all considered "vehicles" under the Transportation Article.

*An "electronic personal assistive mobility device" or "EPAMD" is a pedestrian device that: 1) Has two non-tandem wheels; (2) Is self-balancing; (3) Is powered by an electric propulsion system; (4) Has a maximum speed capability of 15 miles per hour; and (5) Is designed to transport one person. See MD Code, TR § 21-101(j).

Can Medical Conditions Lead to a False DUI Arrest?

What happens if you find yourself arrested and charged with DUI despite having a pre-existing medical condition?

What if the alcohol you consumed was not the actual cause of your impairment? What if you were not impaired at all, but rather experienced a reaction to medication or felt exhausted after a long day at work?

You are not alone. Officers conducting DUI arrests often assume impairment is solely due to alcohol, even when medical issues might contribute to your symptoms. This false assumption could form the basis of a potential defense against your DUI charge.

Every year, countless drivers are arrested for DUI and DWI, often without thorough consideration of their medical conditions that could affect the outcome of their cases. Unfortunately, some lawyers overlook these medical factors, which may either mitigate or completely refute a DUI charge.

Can Tired Driving Lead to a False DUI Arrest?

One of the most troubling aspects of DUI cases is the overlap between the symptoms of intoxication and those caused by fatigue. Both conditions can lead to behaviors such as swerving, poor coordination, lethargy, and slow speech. In many cases, law enforcement officers fail to distinguish between a driver who is impaired by alcohol and one who is simply tired. This ambiguity can lead to falsely charged DUI cases.

What Happens if You Get Multiple DUIs/DWIs in Maryland?

In Maryland, a person who is convicted of DUI is subject to a maximum penalty of one year and a $1,000 fine. A person who is convicted of DWI is subject to a maximum penalty of 60 days in jail and a $500 fine. In addition to the criminal penalties, a person who is charged with DUI or DWI faces the suspension of their driver's license for up to one year, or they may be required to participate in the ignition interlock program to maintain their privilege to drive.

For a second conviction for DUI, the maximum penalty increases to two years of incarceration and a fine of up to $2,000. For a second conviction for DWI, the penalty increases to one year and a maximum fine of $500. A person who faces this situation not only may be sentenced to a period of incarceration at a local detention center, but they also will face the daunting possibility of being sentenced to prison time in the Division of Corrections.

For a third conviction for either DUI or DWI, the maximum penalty again increases to five years and a $5,000 fine. Finally, for a fourth or subsequent offense, a person who is convicted faces a maximum penalty of up to 10 years of incarceration and a fine of up to $10,000.

Contact Our Baltimore, MD DUI/DWI Defense Lawyers

At Silverman Thompson, our aggressive criminal defense attorneys have the experience and knowledge needed to exploit the mistakes that are often made by the police and to defend you against DUI charges. We know how important your freedom and your privilege to drive are to you, and we will aggressively fight to ensure that you keep both. Contact our Baltimore DUI defense attorneys at 410-385-2225 for a free consultation.