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MILITARY LAW / UNIFORM CODE OF MILITARY JUSTICE

  • Members of the military are subject to many rules, regulations and laws. Besides having to obey the laws of the United States and their host countries in times of peace under international treaties, they are also subject to a special set of laws made just for them, the Uniform Code of Military Justice or UCMJ.

  • The UCMJ is federal law, enacted by Congress which applies to all active duty members as well as activated National Guard and Reserve members and military academy students. Some civilians serving in support of the military during wartime are also subject to the UCMJ.

  • The UCMJ was enacted in 1951, prior to that each service had their own set of legal regulations which changed during peacetime and wartime. The UCMJ was developed to make the legal system uniform across all services.

  • Congress created the UCMJ and periodically makes changes to it through legislation, usually as part of the National Defense Authorization Act or NDAA.

  • As constitutionally mandated, Congress creates the laws contained in the UCMJ. The president with the constitutional power of the execution and enforcement of those laws creates and maintains the Manual for Courts Martial or MCM, which contains the penalties for breaking any of the laws prescribed by Congress.

  • If a service member commits an offense that involves the civilian or international community, the military may choose to let civilian authorities handle the case. However, a military member may be tried for the same crime in both a civilian and military court under separate charges.

UCMJ Articles
  • The UCMJ has various "articles" which enumerate the various legal infractions it covers. For example Article 92 is "Failure to Obey an Order or Regulation" while Article 129 concerns "Burglary." 

  • To cover all crimes not listed, there is Article 134, the "General Article" which lists as a punishable offense "all disorders and neglects to the prejudice of good order and discipline in the armed forces, all conduct of a nature to bring discredit upon the armed forces " - and more.

  • You can view the UCMJ and MCM online for more details.

Know All Your Legal Rights and Benefits

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The Basics of DUI and DWI in Maryland

The State of Maryland prohibits drinking and driving. If you drink and drive, you may be arrested, fined, and/or sentenced to jail time. The following is for general informational purposes only and you should consider hiring Phillips Law Group to represent you in court.

In Maryland, there are two types of drinking and driving offenses.

The first, and most severe offense, is called driving while under the influence (commonly called DUI).  A person who has a blood alcohol concentration (BAC) of .08 or greater is assumed to be under the influence of alcohol.  Maryland law calls a BAC of .08 or above “under the influence per se.” 

The second is called driving while impaired (commonly called DWI). A person who has a blood alcohol concentration of .07 is assumed to be impaired by alcohol.

It is also crime to drive while impaired by drugs (even legal drugs), drugs and alcohol, or controlled dangerous substances like marijuana. Driving with any combination of drugs and/or alcohol that prevent you from driving safely is illegal.

A person under the age of 21 who drives with any alcohol in their system is breaking the law.  If that person is caught, they will be arrested and charged with a DUI.

Read the Law: Md. Code, Transportation §21-902§11-174.1

 

Traffic Stop

When a police officer suspects that a person is driving, or attempting to drive, while impaired or under the influence of alcohol, the officer will ask to test the driver’s blood alcohol concentration. If the driver takes the test and the result is a BAC of .08 or above (or if the driver refuses to take the test), the officer will confiscate the person’s driver license, and the State of Maryland will suspend the person’s drive license.  You will receive a temporary paper license that allows the driver to drive for 45 days. The suspension begins on the 46th day.

License suspensions range from 180 days to 2 years, depending on the amount of alcohol and previous drunk driving offenses. There are increased penalties for drivers who are transporting children while impaired or under the influence of alcohol.

Read the Law: Md. Code, Transportation § 16-205.1

 

The Administrative Hearing for License Suspension

The driver has a right to ask the Maryland Motor Vehicle Administration (MVA) for a hearing to review a license suspension.

  • A request for a hearing must be sent in within 30 days to the MVA.

  • If you want to make sure that your driving privilege is not suspended prior to your hearing, you must send a request for a hearing within 10 days of the traffic stop.

  • If the driver does not request a hearing, the suspension will automatically begin on the 46th day. 

  • If the driver requested a hearing within 30 days, but not within 10 days, the suspension will automatically begin on the 46th day. A request made after the 10 days does not extend a temporary license issued by the police officer.

  • A hearing request postmarked after the 30th day will be denied.

At the hearing, the only facts that the Motor Vehicle Administration will consider are:

  1. Whether the police officer had reasonable grounds to believe the person was driving or attempting to drive while under the influence of or impaired by alcohol or drugs

  2. Whether there was evidence the driver used alcohol or drugs

  3. Whether the police officer requested a test after the officer warned the driver of the penalties for refusal or a failed test

  4. Whether the person refused to take the test

  5. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.08 or more at the time of testing;

  6. Whether the person drove or attempted to drive a motor vehicle while having an alcohol concentration of 0.15 or more at the time of testing;

  7. If the hearing involves disqualification of a commercial driver’s license, whether the person was operating a commercial motor vehicle or held a commercial driver’s license; and

  8. Whether the person was involved in a motor vehicle accident that resulted in the death of another person.

Read the Law: Md. Code, Transportation § 16-205.1

If, at the end of the hearing, the MVA’s Administrative Law Judge believes the driver was properly pulled over, warned, and failed or refused to take the test, the judge will suspend the person’s driver license.

 

Ignition Interlock Program

Under certain circumstances, a driver can request to participate in the Ignition Interlock System Program. The MVA monitors this program, where a driver can only operate a motor vehicle that is equipped with an ignition interlock device. The MVA has more information about this program on its website.

The system cannot record sound or take video, but will take a still photograph of the person taking the test or if the device is being tampered with.

Read the Law: Md. Code, Transportation § 16-205.121-902.2

 

Criminal Proceedings for DWI or DUI

If a person has been arrested for a DWI or DUI, he or she will be charged with a crime and must go to court.  Drunk-driving offenses are misdemeanor crimes in Maryland.

If a person is found guilty of a DWI or DUI, he or she faces a hefty fine and jail time. Penalties can range from a $500 fine and two months in jail up to a $5,000 fine and five years in jail.  

If the DWI or DUI occurs when transporting a minor, the length of jail terms are much longer.  The punishments for DWI and DUI increase with each subsequent conviction.

Read the Law: Md. Code, Transportation § 21-90227-101 

 

Points

The Motor Vehicle Administration will put “points” on the record of any driver convicted of a DUI or DWI. Points stay on the driver’s record for two years.

  • A driver who is convicted of a DWI will get 8 points, making him/her eligible for a license suspension.

  • A driver who is convicted of a DUI will get 12 points, making him/her eligible for license revocation. 

Read the Law: Md. Code, Transportation § 16-402

 

Commercial License Drivers

The penalties and procedures for commercial license drivers may be different. Check out the information about commercial driver's licenses from the Maryland Motor Vehicle Administration (MVA) for more information.

For more information you might find helpful, visit these links:

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Dealing With Police

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Possible Drunk Driving Defenses

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Click here to contact Phillips Law Group to have your case evaluated.

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©2017-2025 by Phillips Law Group, LLC - Maryland

All rights reserved. Phillips Law Group is a trade name for Phillips Law Group, LLC. Phillips Law Group is registered in Maryland and represents clients in state and federal courts throughout Maryland. We offer services to clients in Harford County, Baltimore County, Baltimore City, Anne Arundel County, and Howard County, Cecil County, Prince George's County. Cities we serve include Baltimore, Aberdeen, White Marsh, Parkville, Bel Air, Towson, Fallston, Churchville, Havre de Grace, Elkton, North East, Perryville, Aberdeen, Annapolis, Columbia, Ellicott City,  Essex, Middle River, Severna Park, Crownsville, Perry Hall, Perryville, Rising Sun, Jarrettsville, Glen Arm, Pikesville, Catonsville, Towson, Lutherville, Ellicott City, Hunt Valley, Salisbury, Chestertown, Centerville, West Ocean City and Ocean City.

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Main Office: 221 Maitland Street, Bel Air MD 21014.

Mailing address: Box 573, Churchville MD 21028.

Office Locations: Bel Air, Towson, Laurel, Ocean City, .

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