Maryland DUI Lawyer

Arrested for DUI or DWI in Maryland

Maryland, like most states, has something called an “Implied Consent Law.” This law basically states that by obtaining a driver’s license in the state you consent to being required to take a chemical test if suspected for DUI or DWI. That means if you get pulled over and are suspected of driving while intoxicated or driving under the influence, the police can ask you to take a breathalyzer test.

If you refuse the test, the Maryland Motor Vehicle Administration (“MVA”) can revoke or suspend your driver’s license. The law views a driver’s license as a privilege and not a right, which means the state can take it away with fewer protections then in a criminal case.

In addition, the State can use a refusal (or a breath score) as evidence impairment in the criminal case. Driver’s license suspensions start at 120 days for individual’s who refuse to take the breath test.

A typical DUI or DWI arrest starts with a traffic stop or police responding to a scene of an accident. If the police start to suspect the driver is impaired, they will ask the driver to step outside the vehicle to take what are called “Standardized Field Sobriety Tests” or (“SFSTs”). Police are trained to look for signs of impairment upon their initial interaction with the driver. These signs typically involve things the officers observe with their senses.

For example, officers will look to see if the driver has bloodshot or watery eyes. They will listen to hear if the driver speaks with slurred speech or makes incoherent statements. The officer will try to get the driver talking to see if they smell any odor of alcohol coming from the car or the driver’s breath.

What to Do Immediately After a DUI Arrest

Being arrested for DUI in Maryland triggers immediate consequences. Taking the right steps can significantly impact your case outcome.

• Request an MVA hearing within 10 days. This critical deadline cannot be extended – missing it automatically results in license suspension.
• Politely decline field sobriety tests when possible. These subjective assessments often produce unreliable results that officers use against you, even when performed perfectly.
• Exercise your right to remain silent. Anything you say becomes evidence, and casual comments about having “just one drink” can damage your defense.
• Document everything while fresh in your memory. Note the officer’s behavior, weather conditions, and any medical issues that might have affected your appearance or performance.
• Contact an experienced Maryland DUI lawyer immediately. Early legal intervention allows for preservation of evidence, proper MVA hearing representation, and development of effective defense strategies.

The hours following arrest are crucial. Police and prosecutors begin building their case immediately, and having professional guidance through this complex process can make the difference between conviction and dismissal.

Probation Before Judgment (PBJ)

Maryland has something akin to a diversion program for certain first-time offenders often referred to as a “PBJ”. PBJ stands for probation before judgment and is a way to resolve a Maryland DUI or DWI without going to trial or taking a traditional plea deal. Under Maryland’s PBJ law, the judge can sentence defendant to a period of probation before that judge enters the final judgment in the case.

The judge can impose supervised or unsupervised probation and if the defendant successfully completes the probation, then the judge will usually strike the guilty finding from the record. That removes the conviction from the defendant’s record. Its something similar to a Deferred Sentencing Agreement. However, the prosecution does not have to agree for the judge to sentence the defendant to a PBJ.

MVA Hearings

A DUI or DWI arrest in Maryland will trigger an administrative proceeding before the Maryland MVA. This administrative hearing will adjudicate whether the now defendant loses their license. This does not impact whether the defendant gets found guilty in the criminal proceeding and cannot result in jail time. However, for some individuals arrested for DUI in Maryland, losing their license is the worst potential consequence they can suffer.

In addition, the administrative law judge can suspend the driver’s license if the defendant ultimately gets convicted of the DUI in the Maryland court system. Under Maryland law, the State can suspend a driver’s license if an individual is convicted for driving under the influence of drugs and/or alcohol.

Consequences of a DUI Conviction

Penalties for impaired driving in Maryland include both criminal and administrative sanctions. A first offender faces up to $1,000.00 fine and one year in jail upon conviction in criminal court. In addition to the criminal penalty, the MVA will assess 12 points against the defendant’s driver’s license.

Penalties for second offenses increase to up to two years jail, up to a $2,000.00 fine, and license revocation. In addition, second offenses carry a mandatory jail time of five days. That means the judge must impose at least that jail time if the state convicts the defendant. The Court and MVA can also impose requirements to complete alcohol and substance abuse programs.

DWI convictions carry slighter lower maximum penalties. First offense DWI in Maryland carries a maximum fine of $500.00 and a maximum jail sentence of two months. This conviction carries 8 points with the MVA and can result in the imposition of a six-month driver’s license suspension.

Second offense DWI raises the maximum jail time to one year and also include an 8-point assessment to the defendant’s driver’s license. The license suspension can be as high as 9 to 12 months. An underage driver (under 21) faces up to a two-year driver’s license suspension.

Common DUI Defenses

Our Maryland DUI attorneys evaluate every aspect of your case to identify effective defense strategies.

Challenging the Traffic Stop

The police must have reasonable suspicion to initiate a traffic stop. If an officer pulled you over without proper justification, we can file a motion to suppress all evidence obtained from the illegal stop.

Questioning Field Sobriety Tests

These tests are notoriously unreliable and affected by numerous factors:

• Physical conditions like obesity, injuries, or neurological issues
• Environmental factors, including uneven surfaces, poor lighting, or weather conditions
• Improper administration by officers who fail to follow standardized protocols

Contesting Breathalyzer Results

Breath testing devices require precise calibration, maintenance, and operation:

• We examine maintenance records for evidence of malfunction
• We verify proper observation periods to ensure that mouth alcohol didn’t affect results
• We investigate whether the operator was properly certified and followed procedures

Exploring Medical Explanations

Certain medical conditions can mimic intoxication or affect test results:

• Diabetes can cause breath that smells similar to alcohol
• GERD and acid reflux can artificially inflate breathalyzer readings
• Neurological conditions may affect balance and coordination during field tests

Our defense team works with medical experts when necessary to explain how your specific health conditions might have contributed to a false arrest.

Hiring a Maryland DUI Lawyer

Consequences for a Maryland DUI or DWI can be extremely severe. Jail time, fines, reputational damage and loss of time and money are all realistic outcomes when faced with a DUI. The criminal court system is not designed for defendants to represent themselves anymore than the medical field is designed for patients to perform surgery on themselves. Anytime your liberty is at stake, its extremely important to consult with and obtain an attorney who knows the system.

A solid DUI defense lawyer can inform you what to expect, fight to protect your constitutional rights, and help minimize the damaging consequences that can result from arrest and conviction. Scrofano Law PC is here to fight on your behalf when faced with a Maryland DUI or DWI. We regularly practice in Montgomery County and Prince George’s County serving Rockville, Bethesda, Gaithersburg, Silver Spring, Bowie, Fort Washington, College Park, Takoma, Germantown, Clinton, Hyattsville, Chevy Chase, Anne Arundel, Howard, Frederick County, and all surrounding areas.