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First Time DUI Charge In Maryland
If you’ve been charged with a first DUI offense in Maryland, you’re likely scared and confused about what happens next. You likely have a million questions running through your mind like, can I fight DUI charges? Will I lose my license? How will this affect my future? Could I go to jail for a first-time DUI in Maryland? These are all logical questions and we’ll do our best to answer all of this and more in this article.
First, it’s important to understand that the state of Maryland takes first-time DUI offenses very seriously. It doesn’t matter if you have a spotless criminal record prior to the arrest, DUI charges are examined under a microscope and the consequences associated with these charges are often harsh. However, although DUI charges are serious, that doesn’t mean that you are out of options. By hiring a skilled first DUI defense lawyer in Baltimore, you rest assured knowing that no stone will go unturned in your case. We’ll talk more about DUI defense tactics in this article and what you can do to secure the best possible outcome, but just know, Hyatt & Goldbloom has represented countless DUI cases similar to yours with favorable outcomes. If you believe you have been unfairly charged with a first-time DUI, it can be extremely difficult to prove your case without the help of an experienced attorney. Contact the legal team at Hyatt & Goldbloom today for a free case evaluation and begin planning your defense.
Laws and Penalties For First DUI Offense In Maryland
According to Maryland Code Section 21-902, you can be automatically charged with driving under the influence per se (DUI Per Se) if you have a blood alcohol content (BAC) of 0.08 or above at the time of the traffic stop. Believe it or not, you can still be charged with driving under the influence (DUI) and/or driving while intoxicated (DWI) if you have a BAC that’s under 0.08 but still above 0.05. It all depends on the circumstances of your DUI and the decisions of the officer who arrests you. However, it’s crucial to remember that even if you are charged with DUI or DWI in Baltimore, you will not be automatically convicted of it. You will have an opportunity to speak to a DUI defense lawyer and curate a defense that challenges the prosecution’s claims. Without skilled DUI/DWI representation, you could be facing serious consequences for a first time DUI offense, including the following:
If you are convicted of Driving Under the Influence of Alcohol (DUI):
- For a first-time DUI offense, you face a maximum fine of $1,000 and up to one year in jail. Twelve points will also be assessed on your driving record and your license may be revoked for up to six months after the conviction.
- For a second-time DUI offense, you face a maximum fine of $2,000 and up to two years imprisonment. Twelve points will also be assessed on your license and your license may be revoked for up to one year after the conviction.
- For two DUI convictions within five years, a mandatory period of suspension will be followed by a minimum required period of participation in the Maryland Ignition Interlock Program.
- You may also be required to participate in an alcohol abuse assessment and program.
If you are convicted of Driving While Impaired by Alcohol (DWI):
- For a first-time DWI offense, you face a maximum fine of $500 and up to two months imprisonment. Eight points will also be assessed on your driving record, and you face a 6-month license suspension. If this is an underage DUI conviction you will face a one-year license suspension.
- For a second-time DWI offense, you face a maximum fine of $500 and up to one-year imprisonment. Eight points will also be assessed on your driving record, and you face a license suspension of 9 to 12 months. If this is an underage DUI conviction you will face a two-year license suspension.
As you can see, the penalties for a first DUI offense in Maryland are very serious. That’s why it’s essential to have skilled and aggressive representation from a Maryland first DUI attorney who has extensive experience handling these cases. At Hyatt & Goldbloom we’ve represented countless DUI cases similar to yours. We will build a strong defense, negotiate with prosecutors, and pursue reduced or dismissed DUI charges on your behalf. Don’t let a stupid mistake alter your life, contact us today for a free consultation and learn more about how we can help you secure the best possible outcome in your DUI/DWI case.
Driver’s License Consequences After A DUI
Maryland courts report all intoxicated driving convictions to the Motor Vehicles Administration (MVA). A first-time DUI in Maryland will result in a maximum six-month driver’s license suspension. However, those who have been charged with a DUI and had their license suspended can apply for the Ignition Interlock Program to reduce the suspension period and be able to retain their driving privileges so long as they follow the IID requirements. If accepted into the program, the suspended driver can drive their vehicle with an ignition interlock device (IID) during the suspension period. After 180 days with the IID and no violations, it’s possible to have your driver’s license reinstated. The following convictions require the enrollment and completion of a six-month Ignition Interlock Program prior to license reinstatement:
- DUI related to alcohol
- Any intoxicated driving conviction with a passenger under 16 years old
- Any intoxicated driving conviction if the driver was under 21 years old
- DWI related to alcohol if the driver has a prior DWI or DUI that occurred within the last five years.
Maryland’s Implied Consent Law
Maryland is not the only state that enforces an implied consent law. In fact, there are currently implied consent laws actively in place in all 50 states. Essentially, this law states that anyone with a driver’s license has automatically given police consent to perform a chemical test to determine whether alcohol is present in their system. However, the arresting officer must have a reasonable suspicion that the person has been driving under the influence for this to be legal. Maryland’s implied consent law makes it clear that if a person is suspected of driving under the influence and refuses to submit to either a blood, breath, or urine test to determine the presence of drugs or alcohol, they will face additional punishments. Although cannot be forced to take a BAC test, the penalties can often be worse if you do refuse.
Mistakes To Avoid After A Maryland DUI/DWI Arrest
A DUI or DWI charge in Maryland can permanently alter your life if not handled correctly. A DUI/DWI charge in Baltimore can not only require you to serve jail time, but it can also strip you of your driving privileges for a significant period of time. It’s highly recommended that if you are facing a first DUI offense in Maryland that you consult with a Baltimore DWI defense lawyer as soon as possible. At Hyatt & Goldbloom we will fight to ensure the prosecution meets every burden of proof required by law needed to convict you of a DUI charge. There are many different DUI defense tactics that can be deployed to reduce or even drop the charges altogether. However, a big part of your defense depends on what you do following a DUI charge. Below are some of the common mistakes we recommend that you avoid if you’re facing a DUI in Maryland:
- Representing yourself rather than hiring a Baltimore DUI defense attorney
- Failing to file for an MVA administrative hearing to fight for your driving rights
- Failing to take the proper steps to prepare for your case
- Relying on unprofessional legal advice from friends and family
- Ignoring your court date or not appearing at your MVA hearing
- Representing yourself at your MVA hearing
- Hiring an attorney that does not specialize in DUI Defense
Maryland Ignition Interlock Program
The Ignition Interlock Program is when an Intoximeter is installed in your vehicle. Maryland is an “all offender” ignition interlock state. Put simply this means that everyone, including first-time DUI offenders, may be required to install an ignition interlock device (IID) in their vehicle if they are convicted of driving under the influence. An ignition interlock device is a breathalyzer that requires you to blow into a mouthpiece and give an alcohol-free breath sample to start the engine. You may be required to go through this process for an extended period of time before getting your full driving privileges back. If the individual charged with a first DUI offense in Maryland is willing to participate in the Ignition Interlock Program and pay for the device and installation into their car, then they could be allowed to drive with certain restrictions in place. These restrictions typically entail driving only to work, school or education, and other necessities. It will not be unlimited driving privileges as it could be with an unrestricted license. The Ignition Interlock Program is an excellent option for those charged with a first DUI offense to regain normalcy in their life and mitigate the negative impact a DUI conviction can have on their life.
First DUI For Commercial Truck Drivers
On top of the standard penalties associated with Maryland’s DUI laws, a commercial truck driver who commits a first DUI offense will be disqualified from operating a commercial vehicle for one year. But, if the commercial truck driver was transporting hazardous materials at the time of the DUI offense, the disqualification period is increased to three years. If the driver commits a second or third DUI offense, the driver will lose their commercial license for life, which may or may not be reduced to a period of 10 years.
Frequently Asked Questions
Will I Lose My License After A First Time DUI Offense In Maryland?
It’s very possible that you could lose your license after a first-time DUI offense in Maryland, however, this is not always the case. Your license may be suspended or even revoked depending on the circumstances of your DUI charge. However, even being charged with a DUI for the first time can result in the suspension of your license.
How Likely Is Jail Time For First DUI In Maryland?
If you’re convicted of a first-time DUI in Maryland you could face many penalties including jail time up to 1 year. Although jail time is not always required for first-time DUI offenders, there is a real possibility that you could serve time if your case is not handled correctly. Hiring a first DUI defense attorney is critical for securing the best outcome in your case.
Can I Get PBJ For A First Time DUI In Maryland?
If you’ve been charged with a first DUI offense in Maryland, you may be able to get probation before judgment (PBJ). PBJ is available to first DUI offenders in Maryland. However, there are circumstances that can extend this requirement. If you’ve been charged with a second DUI in Maryland, but your first charge was 10 or more years ago, you may still be eligible for PBJ.
Contact A First Time DUI Defense Attorney Today
If you’ve been charged with a first DUI offense in Maryland, the criminal defense team at Hyatt & Goldbloom can help. We know how to assess the unique facts of each impaired driving case and curate the best possible defense for each client. Your first DUI Defense lawyer will perform an analysis of the initial traffic stop, field sobriety tests, and other mitigating factors. While we understand the seriousness of this crime, we also understand that one lapse in judgment does not define you. Contact Hyatt & Goldbloom today for a free consultation and learn more about how we can help.