DUI Attorney in Salisbury, Maryland
At Marvel & Emche, P.A., we understand how overwhelming a DUI charge can be. Maryland’s DUI laws are stringent, and the consequences of a conviction can be severe, affecting both your personal and professional life. Our team of experienced criminal defense attorneys is here to help you manage these legal challenges and protect your rights.
This article explores the critical aspects of DUI laws in Maryland, including what constitutes a DUI, potential penalties, and the importance of having skilled legal representation.
What Constitutes a DUI in Maryland?
Driving under the influence (DUI) in Maryland is defined as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. However, even if your BAC is below this threshold, you can still be charged with DUI if the arresting officer believes your ability to drive is impaired. The law also extends to driving under the influence of drugs, whether prescription or illegal substances.
Maryland’s DUI laws are strict, with zero tolerance for underage drivers who have any detectable alcohol in their system. For commercial drivers, the BAC limit is lower at 0.04%. It’s important to note that you don’t have to be physically driving the vehicle to be charged; simply being in control of the vehicle while intoxicated can lead to a DUI charge. This means that if you are sitting in the driver’s seat with the keys in the ignition, even if the vehicle isn’t moving, you could face charges.
A DUI charge in Maryland can also be elevated to an aggravated DUI if certain factors are present. For instance, if you are found to have a BAC of 0.15% or higher, or if you were involved in an accident that resulted in injury or death while driving under the influence, the charges and penalties can be significantly more severe. Understanding these nuances is crucial for anyone facing DUI charges in the state.
Penalties for DUI in Maryland
The penalties for a DUI conviction in Maryland are severe and increase with each subsequent offense. A first-time DUI conviction can result in up to one year in jail, a $1,000 fine, and a six-month license suspension.
The penalties are more severe for subsequent offenses, with potential jail time increasing to up to three years, fines up to $3,000, and longer license suspensions. Additionally, if a minor was in the vehicle at the time of the offense, the penalties could be doubled.
Beyond the legal penalties, a DUI conviction can lead to other significant consequences. These may include increased insurance premiums, mandatory installation of an ignition interlock device, and a permanent criminal record that can affect employment opportunities and your personal reputation. For these reasons, it’s crucial to understand the full scope of the penalties and the impact a conviction can have on your life.
Maryland also has strict administrative penalties that can be imposed by the Motor Vehicle Administration (MVA) independently of the criminal court system. These penalties include the suspension or revocation of your driver’s license based on your BAC level or refusal to take a breathalyzer test.
Administrative penalties can be imposed even if you are ultimately found not guilty of the criminal DUI charges, underscoring the importance of addressing both the criminal and administrative aspects of your case.
The Importance of Field Sobriety and Breathalyzer Tests
When you’re pulled over on suspicion of DUI, the officer may ask you to perform field sobriety tests or submit to a breathalyzer test. Field sobriety tests are designed to assess your physical and cognitive abilities and typically include the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests. These tests can be subjective, and poor performance might not necessarily indicate intoxication, especially if you have certain medical conditions.
Breathalyzer tests, on the other hand, measure your BAC and provide more concrete evidence of intoxication. Refusing to take a breathalyzer test in Maryland can result in an automatic license suspension under the state’s implied consent laws. However, these tests aren't infallible, and various factors, such as improper calibration of the device or health issues like acid reflux, can affect the accuracy of the results.
It’s also important to note that Maryland law provides the right to request an independent blood test if you are subjected to a breathalyzer. This additional testing can sometimes provide a more accurate representation of your BAC, particularly if you believe the breathalyzer results were incorrect. Working with an attorney who understands these nuances can be critical in building a strong defense.
Defending Against DUI Charges
Facing a DUI charge can be intimidating, but several defenses may be available depending on the circumstances of your arrest. One common defense is challenging the legality of the traffic stop. If the officer didn’t have reasonable suspicion to pull you over, any evidence obtained during the stop might be inadmissible in court. Another defense might involve questioning the accuracy of the breathalyzer or field sobriety tests.
In some cases, medical conditions or medications can mimic the signs of intoxication, providing another possible defense. Additionally, if you weren't actually in control of the vehicle at the time of your arrest, this could also be a viable defense. At Marvel & Emche, P.A., we have extensive experience in analyzing the details of DUI cases to develop strong defense strategies tailored to the specific facts of each case.
It’s also possible to challenge the training and conduct of the arresting officer. Maryland law requires that officers administering breathalyzer tests be properly trained and certified. If there are any lapses in this training or if the officer conducted the tests improperly, it could weaken the prosecution’s case. Furthermore, we can explore whether the evidence collected was handled according to proper legal procedures, as any mishandling could also be grounds for challenging the charges.
The Impact of a DUI on Your Driving Record and Insurance
A DUI conviction in Maryland will add 12 points to your driving record, leading to an automatic license revocation. The length of the revocation period depends on the specifics of your case, including whether it was a first or subsequent offense. Additionally, a DUI conviction will likely result in significantly higher auto insurance premiums. Insurance companies view DUI offenders as high-risk drivers, and your rates could increase by several hundred dollars per year.
It’s also important to consider the long-term effects on your driving privileges. Reinstating your license after a DUI suspension or revocation often requires completing an alcohol education program and paying a reinstatement fee. The process can be challenging and time-consuming, underscoring the importance of avoiding a conviction whenever possible.
The long-term impact of a DUI can also extend beyond your driving record. A criminal conviction for DUI can remain on your record for life in Maryland, affecting your ability to secure certain jobs, professional licenses, and housing. Expungement is generally not available for DUI convictions, making it all the more critical to fight the charges effectively from the outset.
Probation Before Judgment (PBJ) in Maryland DUI Cases
In some DUI cases, you may be eligible for probation before judgment (PBJ), a unique sentencing option in Maryland. PBJ allows you to avoid a formal conviction on your record, provided you complete the terms of your probation successfully. These terms may include attending alcohol education classes, completing community service, and avoiding further legal trouble during the probation period.
While PBJ isn't considered a conviction, it can still have consequences, particularly if you’re charged with another DUI in the future. A subsequent DUI offense will be treated as a second offense, even if you received PBJ for the first. This highlights the importance of understanding the potential long-term implications of PBJ and seeking legal counsel to determine if it’s the right option for your case.
It’s important to note that PBJ is typically only available for first-time offenders and is granted at the discretion of the judge. Therefore, having an experienced attorney to advocate on your behalf can significantly increase your chances of receiving PBJ. If PBJ is granted, it’s essential to comply with all conditions to avoid any penalties or complications that could arise from a violation.
The Role of a Criminal Defense Attorney
Managing the legal system after a DUI charge is complicated, and having an experienced criminal defense attorney by your side is crucial. At Marvel & Emche, P.A., we understand the intricacies of Maryland DUI laws and are dedicated to protecting your rights. Our team will work closely with you to evaluate the evidence, challenge the prosecution’s case, and negotiate for the best possible outcome.
A skilled attorney can also help you understand your options, whether it’s fighting the charges in court or negotiating a plea deal. In some cases, it might be possible to have the charges reduced or even dismissed. Our goal is to minimize the impact of a DUI charge on your life and to help you move forward with confidence.
We also understand that each case is unique, and we take the time to listen to your concerns, explain the legal process, and provide personalized guidance tailored to your situation. Whether you’re dealing with your first DUI charge or have previous offenses, our team is here to offer the support and representation you need to protect your future.
We’re located in Salisbury, Maryland, and serve clients throughout the Salisbury area, including Northwood, White Plains, West Wood, Princess Anne, Cambridge, and Ocean City.