In Maryland, drivers can be charged with a DUI (Driving under the influence) if their blood alcohol content level is .8 or higher. Drivers can be charged a DWI (driving while impaired) if their BAC is .07 or higher. The penalties for both offenses, even for first-time offenders, can include prison and substantial fines. Your driver’s insurance premiums will increase, and points will be added to your driving record. Your license will likely be suspended. When you are permitted to drive, you may need to install an ignition interlock device (IID).
There are many defenses our lawyers can assert – after – you’re arrested and formally charged with either a DUI or a DWI. There are many steps drivers can take to reduce the odds of an arrest and to strengthen the odds of a dismissal, acquittal, or a plea bargain to less serious charges.
What should drivers who drink know before they get into their vehicle?
A few of the do’s and don’ts you must consider before even turning on the ignition:
Don’t drink and drive. The best way to avoid a drunk driving arrest is not to drink and drive. It’s OK to drink (at a tavern, at a social function, while watching a ball game, or elsewhere). It’s not OK to get into your car after you drink. It’s not OK to drink while you’re driving. You should plan ahead by making plans to walk home, have a sober friend pick you up, arrange for an Uber or a Lyft, or, if possible (such as if you’re at a hotel), stay where you are until the morning.
Don’t drive on a suspended license. If Maryland suspends or revokes your license, a police officer who stops you will run a check with the Maryland Department of Transportation to check your license status. If your license is under suspension, the police officer can charge you with offenses in addition to a DUI or DWI and the prosecution will be less likely to consider a plea reduction. The criminal penalties and license suspension/revocation penalties for a combination of a DUI/DWI and driving on a suspended or revoked license will be quite severe.
Do understand your right to a temporary license. Generally, a police officer who arrests you (or if you refuse to submit to a breath or blood test) will take your driver’s license and give you a DR-15, a temporary license that grants you the right to drive for an additional 45 days or until you have a Motor Vehicle Administration (MVA) hearing about your right to drive. Even if the MVA suspends your license, you may be eligible for a restricted license to get to work or school.
What drivers should understand if they are arrested for a DUI/DWI in Maryland
Once a police officer stops you, there are several key things you should understand and observe.
Do not volunteer any information when you’re stopped. You have the right to remain silent. Anything you say can and will be used against you. You’re not helping yourself by volunteering where you came from, where you were going, how much you had to drink, or giving any other information. Generally, you must show your driver’s license, vehicle registration, and insurance coverage. Those documents will have all the police officer needs to know.
Understand your rights. The police do need to advise you of your rights (and have you sign a form acknowledging you have read or the office read to you your rights) if you are stopped for a DUI/DWI. The police should advise you of the following:
- The consequences for refusing to submit to a breath or blood test.
- The license suspension consequences if you are convicted of a DUI/DWI based on your BAC level, if someone died in an accident, and if this is a first or subsequent offense.
- The consequences if you have a commercial driver’s license.
- You have the right to participate in an Interlock Ignition System Program if you meet the requirements.
- Other consequences.
Be aware. To the extent that you can (based on your level of sobriety), observe if the police explain how to perform any field sobriety or breath tests.
Understand your time limits. The best way to understand what time limits apply is to consult our experienced Annapolis criminal defense lawyer. We can explain when your arraignment and bail hearing are (if they haven’t taken place yet) and when your future hearing dates are. Our team can also advise you when you need to request an MVA license to help protect your right to drive.
Do NOT plead guilty. Normally, you will appear before a judge shortly after a DUI arrest for your arraignment. At the arraignment, the judge will advise you what charges have been filed and the amount of bail that should be set. After the charges are read, you will need to enter a plea. That plea should be – not guilty. Never plead guilty at the arraignment.
Do not miss any court dates. If you cannot attend a hearing for some reason, our office will try to seek a continuance. Otherwise, you must appear. Failing to appear can result in your arrest. Failing to appear can mean that you/we do not have a chance to question the police officer. When you do appear, dress appropriately and be at the courtroom early.
Call a skilled criminal defense lawyer
Your best chance at preserving your freedom and your license after a DUI/DWI arrest is to call an experienced DUI defense lawyer. Our DUI lawyer has been fighting for defendants for more than 20 years. We can explain how the criminal process works and assert your defenses, such as questioning the authority of the police to stop you and the validity of any field sobriety, breath, or blood tests.
Keep Calm – and Call Drew.
At Drew Cochran, Attorney at Law, we’ve helped many DUI defendants obtain dismissals and acquittals. Drew understands what defenses to assert, how to question the police, negotiate with prosecutors, and argue before a jury. We can explain your eligibility for a restricted driver’s license or an affordable ignition interlock device provider. As soon as you’re arrested for a DUI or DWI, call me or fill out my contact form to schedule a consultation.
