DUI | Phillips Law Group

What Phillips Law Group provides to DUI / DWI Defendants

Proven record of defending good people charged with DUI, DWI, and related offenses.
We demand and analyze the evidence provided by the State. We examine this evidence to make sure your Constitutional Rights were observed and that there was "probable cause" for the traffic stop. We plan to defend you from the charges.
We begin negotiations with the State Attorney as soon as a prosecutor is assigned.
We place Defendants in a position to obtain dismissal, a "not guilty" verdict, or Probation Before Judgment.
We eliminate or minimize the "points" on a Defendant's driver's license.
We eliminate or minimize fines and fees associated with DUI and other offenses.
We have credibility with prosecutors and judges to make sure your side is heard.
We provide post-trial services such as asking for modifications of probation costs or terms.
We have 100% client satisfaction and are driven by purpose to serve others.

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:

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
Whether there was evidence the driver used alcohol or drugs
Whether the police officer requested a test after the officer warned the driver of the penalties for refusal or a failed test
Whether the person refused to take the test
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;
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;
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
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 § 16-205.1, 21-902.2

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 § 21-902, 27-101

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:

Dealing With Police

Possible Drunk Driving Defenses

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