FAQ - Maryland DUI
Was I Stopped Legally?
You were probably stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with one of our attorneys who will examine all the different aspects of your case and will defend you aggressively.
I’m Simply Going To Plead Guilty, Why Do I Need Kemet & Hunt?
Maryland DUI convictions and penalties can be long lasting and severe, both in court and with the MVA which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and Maryland DUI charges should be taken very seriously.
An experienced and skilled Maryland DUI lawyer may be able to help mitigate your plight by minimizing your legal problems and maximizing your defense. We can level the playing field between you and the prosecution, effectively present your side of the case while safeguarding your constitutional rights.
When considering consulting a Maryland DUI attorney, take into account the impact of a criminal conviction: voting privileges, increased cost or cancellation of auto insurance, educational opportunities, inability to rent or own cars, restrictions on travel, loss of security clearance, job barriers, possible loss of voting privileges, professional credentials or certifications, and the loss of personal freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?
What’s My Defense Going To Cost?
One of the biggest concerns for people charged with a DWI is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on expert help from a Maryland DUI attorney might save them thousands of dollars in the years to come.
What Is A 5 Year "Look-Back" Period?
The "look-back" period is one factor determining the extent to which a repeat offender should be punished. If a DWI has occurred within the look back period, enhanced penalties may be imposed. The court has broad powers regarding sentencing and whether to grant probation. But conditions of probation can be extremely restrictive. Moreover, monthly supervision fees are charged.
What if I Refused To Take A BAC (blood alcohol content) Test?
A driver’s license or driving privileges can be suspended for a period of 1 year. To plead your case for saving your driving privilege a request to the Maryland MVA for a hearing must be made within 10 business days after the refusal of a BAC test.
What if I Am An Out of State Driver?
Maryland, along with 45 states and the District of Columbia, has an out-of-state-Driver’s License Compact Agreement. This means that Maryland DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Maryland DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with the presumption of innocence. If convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things, including prior convictions. This includes any previous Maryland administrative or criminal court DUI suspensions, refusal to submit to a BAC test, or any DUI convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. A condition of parole may be that you not drink or congregate where any alcoholic beverages are served (excluding ball parks, concerts, restaurants).
What Are Statutory Assessments?
Additional court costs, depending on the state penal or vehicle code violated.
Can I Plea Bargain?
It is next to impossible to plea bargain a Maryland DWI charge without an experienced Maryland DWI lawyer. Often effective DWI counsel will be able to negotiate a plea to a lesser charge. While the plea bargaining is extremely advantageous to anyone accused of Maryland DWI, one must remember that if the original charge was a DWI (in any state), a conviction will still count as a prior for calculating the mandatory minimums for an additional offense within a 5 year “look back” time frame.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Maryland DWI specialist, specialized pleas or plea bargaining is not possible.
Is Punishment by the Maryland MVA and the Criminal Courts Double Jeopardy?
Like most states Maryland DWI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to the protection of civil liberties. In an administrative MVA hearing, the burden of proving yourself innocent rests upon you and your Maryland DWI attorney. Maryland MVA administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and metes out punishment as well.