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Can I Refuse a Breathalyzer Test in Maryland?
If you are pulled over on suspicion of drunk driving, the officer will probably ask you to take a breathalyzer test. Refusing may protect you from giving the state direct evidence of your blood alcohol concentration (BAC), but it can also bring serious penalties on its own. If you are facing DUI or DWI charges, a Potomac, MD DUI defense lawyer can help you understand the law and prepare for court.
Does Maryland Have an Implied Consent Law?
Under Maryland Transportation § 16-205.1, every driver who operates a vehicle on public roads automatically agrees to submit to a chemical test. This is called "implied consent." An important point is that the police officer has to have reasonable grounds to suspect drunk driving to request a breath test.
How Police Test for Marijuana in DUI Stops in Virginia
When Virginia legalized small amounts of marijuana for personal use, many drivers assumed that using cannabis and driving would be treated the same way as having a glass of wine with dinner. However, that assumption can lead to serious legal trouble.
Driving under the influence of marijuana is a criminal offense under Virginia law. Police officers across the state use multiple methods to detect marijuana DUI. If you have been charged, you still have the right to challenge the allegations, and our McLean, VA marijuana DUI defense lawyers can help.
Is Marijuana Illegal in Virginia?
Virginia law permits adults 21 and older to possess up to one ounce of marijuana under Virginia Code § 4.1-1100. However, driving after using weed is still illegal under Virginia Code § 18.2-266. Unlike alcohol DUIs, no set THC limit automatically proves impairment. Instead, prosecutors must rely on evidence like officer observations and testing to show a driver was under the influence at the time of the stop.
What Is the Difference Between DUI and DWI in Maryland?
A common misconception is that driving under the influence (DUI) and driving while impaired (DWI) are interchangeable terms in Maryland. While both charges carry serious penalties, the differences come down to the level of impairment and the evidence prosecutors can present in court. If you are accused of either offense, a Gaithersburg, MD DUI defense attorney can explain your rights and help you build a strong defense.
DUI vs. DWI Under Maryland Law
Under Md. Code, Transportation § 21-902, you cannot drive or attempt to drive while you are under the influence of alcohol or impaired by drugs. A DUI is more severe than a DWI, and it usually applies when a driver’s blood alcohol concentration (BAC) is 0.08 percent or higher. At this level, prosecutors do not need to prove actual impairment. The BAC result is enough for you to be charged.
Can I Be Charged With DUI in Maryland if I Was Not Driving?
Most people associate a DUI arrest with being caught driving under the influence. However, you might be surprised to learn that according to Maryland DUI law, you do not have to be actively driving to be charged. Under certain circumstances, you can still be arrested and prosecuted for DUI even if your car was parked and not moving.
If you were simply sitting in your car and ended up in handcuffs, you may be wondering how this could happen and what you can do about it. Speak with a qualified Baltimore County, MD DUI defense lawyer to understand the implications and your options.
What Does "Actual Physical Control" Mean in Maryland DUI Cases?
According to Maryland law statute §21–902, you can be charged with DUI if, as the driver, you are in "actual physical control" of a vehicle while impaired. This means having the immediate ability to operate the vehicle, even if you did not intend to drive or never put the car in gear.
What Happens at a Maryland MVA Hearing After a DUI Arrest?
If you are facing DUI charges in Maryland, you will not only face criminal charges, but you may also be subject to a separate administrative process through the Maryland Motor Vehicle Administration (MVA). An MVA hearing can have a major impact on your driving privileges, including a possible driver’s license suspension.
Many drivers are unaware that the MVA hearing is a completely separate issue from the DUI criminal case or that the MVA hearing moves very quickly following DUI charges. It is essential that you understand what will happen at your MVA hearing, including how to prepare and what is at stake. When you have an experienced Towson, MD DUI lawyer advocating on your behalf, both your criminal case and your MVA case are likely to have better outcomes.
The Difference Between an MVA Hearing and Criminal Court for DUI
There is no requirement to request an MVA hearing. If you fail to do so, you will likely lose your driving privileges before your DUI criminal case even makes it to trial. The loss of driving privileges in our mobile society can have significant adverse effects.
Can the Outcome of a DUI Depend on the Attorney’s Experience?
Being charged with DUI can result in a multitude of feelings. Perhaps you are angry because you do not think you were impaired or feel the officer treated you disrespectfully. Maybe you are embarrassed about the arrest and do not want your family members, friends, or work colleagues to find out. You may be dreading the trial, wondering how on earth you will work and go about your life without a driver’s license.
You could be afraid you will lose your job or possibly spend time in jail. And you are also likely worried about the financial impact the DUI charges will have on you. All of these feelings are perfectly normal, but in many cases, these feelings cause a person charged with DUI to make hasty or poor decisions.
Can a Maryland DUI Affect Professional Licensure?
As if being charged with DUI is not stressful enough, in addition to worrying about the fines and fees, potential jail time, and how you will get where you need to be without a driver’s license, in some instances, a Maryland DUI can affect professional licensure. Since your professional license is your key to making a living in your chosen profession, this can be an extremely serious issue. The best way to avoid having a DUI make an adverse impact on your professional licensure is to speak to an experienced Towson, MD DUI lawyer.
How a DUI Conviction Can Potentially Affect Your Professional License
If you currently hold a professional license, such as a license necessary to practice as a nurse, doctor, pharmacist, lawyer, commercial driver, or real estate agent, you could find that a DUI conviction can affect your license. This is because you are required to report any criminal conviction to the licensing board that oversees your license.
Should You Agree to a Field Sobriety Test?
The National Highway Traffic Safety Administration developed field sobriety tests almost fifty years ago. What began as 16 tests was later condensed to three tests. Field sobriety tests are considered "divided attention tests," which means the goal is to determine whether an impaired suspect has the mental and physical abilities required to drive a car.
While law enforcement officers will almost universally ask the driver to perform these field sobriety tests if they suspect impairment, there is no legal requirement in any state that requires compliance. Most people are unaware of this, so they do as the officer asks. Many problems are associated with the accuracy of field sobriety tests, the primary one being each officer’s training, consistency, and overall ability to accurately perform the tests.
If you are facing DUI charges, whether you refused field sobriety tests or agreed to them, it is important to speak to an experienced Towson, MD DUI attorney who can build a solid defense on your behalf.
How Long Does a DUI Stay on Your Record in Maryland?
Those who have a DUI on their record know just how difficult it can make life. Prospective employers can see a DUI conviction on your record, making it much more challenging to obtain a job. Car insurance rates increase dramatically when you have a DUI – assuming you did not lose your license for six months. If you have an ignition interlock device on your vehicle so you can drive, you are likely paying as much as $100 a month for the device.
Even if you are not sentenced to jail, a DUI can alter your life in ways you may not have envisioned. You may wonder how long your DUI conviction will stay on your record. Unfortunately, Maryland is one of the few states that may keep your DUI on your criminal record permanently. If you are facing DUI charges, the best step you can take is to speak to an experienced Towson, MD DUI attorney to understand your options.
When Can a DUI Be Expunged in Maryland?
While some states allow the expungement of a DUI conviction, others, like Maryland, only allow it under a very narrow set of circumstances. The general rule in the state is that a DUI cannot be expunged - but there are certain exceptions to the rule. DUI in the state stands for "driving under the influence" which means a person is driving while impaired with a blood alcohol concentration (BAC) of 0.08 percent or higher.
A slightly lesser charge is DWI, which means a person has a BAC of 0.07 percent or higher. A prosecutor can charge a person with DUI and DWI simultaneously, but the person can only be convicted on one of the charges. Under Maryland Transportation Article 21-902, the legislature defined what is considered the illegal operation of a motor vehicle while impaired.
If you are convicted of DWI or DUI, you can face serious, long-term penalties. Unfortunately, there are only a limited few exceptions where an expungement of the conviction is possible, and these exceptions have to do with how your conviction was handled. If you are facing a DUI or have been convicted of DUI and are wondering about an expungement, it can be beneficial to speak to an experienced Towson, MD DUI attorney.
301-479-5466
Our firm provides DUI defense services to clients in Baltimore County and surrounding areas, including Towson, Dundalk, Arbutus, Overlea, Timonium, Perry Hall, Rosendale, White Marsh, Catonsville, Parkville, Owings Mills, Reisterstown, Ellicott City, Essex, Glen Burnie, Baltimore, Columbia, Annapolis, and Westminster.
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