MARYLAND DUI DEFENSE

A Leading Law Firm in DUI/DWI Defense in Maryland

Carey Law Offices, LLC, is a leading law firm in DUI/DWI defense in Maryland. Joseph Carey skillfully and relentlessly advocates to advance our clients’ interests and wants to show you how he can help you. Before you retain a lawyer, it is important for you to know the basics of Maryland DUI defense.

This website comprehensively covers the topic of Maryland DUI law. You owe it to yourself to take the time to read this website and to call us about your Maryland DUI case. When you do, we are certain that you will feel comfortable with your choice of attorney.

If you face a Maryland DUI charge, you are probably. . .

Worried about the potential jail or prison sentence for this charge;
Concerned about MVA consequences and losing your privilege to drive;
Worried about your record;
Concerned about your job, your family, your financial security;
Worried about what this will do to your car insurance premiums;
Overwhelmed with the complexity of Maryland drunk driving law.

Free Initial Maryland DUI Case Evaluation in our Office

You need information and you need to feel comfortable with your decision to hire a lawyer. Carey Law Offices offers a free initial consultation to provide you with the opportunity to talk with us so that you can experience our high levels of expertise and client service.

At the Free Initial Consultation we will:

Discuss the facts of your case;
Review your history, goals and concerns;
Outline possible defenses and potential issues in your case;
Discuss the Maryland DUI process as it relates to your particular case;
Make a plan of action so that you will know exactly what you can do to best help your case;
Discuss our fees and fee arrangements and quote you a flat fee so that there are no surprises;
Put the fee agreement in writing so that there is a clear understanding of what you are paying for;
Answer all of your questions honestly and intelligently.

INTRODUCTION TO DRIVING ISSUES IN MARYLAND DUI CASES:

It is a common misconception that any person in the United States has a right to drive. There is no such right. Driving a motor vehicle is a privilege, and that privilege can be taken away or modified based on driver conduct including several issues which involve drunk driving cases.

Under Maryland law, any person who drives a motor vehicle on Maryland roadways has given consent to a test of blood, breath or urine to determine alcohol concentration if the person is arrested for DUI. Maryland law gives the arresting office the right to choose the type of test.

The officer may ask a person stopped on suspicion of DUI to take field sobriety tests. Typically, these tests are:

Horizontal Gaze Nystagmus - This test requires the driver to follow a pen or small flashlight with his eyes while holding his or her head absolutely still. The theory underlying this test is that the presence of alcohol will cause the driver’s eyeball to jerk while moving from left to right. This jerking motion is called “nystagmus” and there are many others for this condition which do not involve alcohol.
Walk & Turn - This test is commonly referred to as the “Heel to Toe” test. The administration of this test is supposed to be given in accordance with the guidelines set forth in the National Highway Transportation Safety Administration Manual. Known as the NHTSA Manual, this book is the textbook for officers and frequently is not followed to the letter by arresting officers when conducting this test.
One Leg Stand - This test is also supposed to be given in accordance with the guidelines set forth in the NHTSA Manual and frequently the conditions under which this test is administered do not comply with the requirements set forth by the National Highway Transportation Safety Transportation Administration.

Is it important that the field sobriety tests were not properly administered? Yes - depending on other facts in the case, this may be enough to challenge probable cause to arrest, cast doubt on the guilt of the person charged with DUI (who is presumed innocent under our Constitution) and may result in dismissal or acquittal.

CHARGED WITH A DUI IN MARYLAND?

Either you made a mistake or are being wrongfully accused. Either way, you need to take action and get information now to protect your rights and establish reasons to win the case, reduce the offense to a lesser charge or minimize whatever sentence the court and/or MVA may impose as a result of this situation.

Many people think that Maryland DUI law is cut and dry. Nothing could be further from the truth. DUI law is constantly changing and evolving and the next challenge to the validity of any part of a DUI charge, or the “science” that forms the backbone of most DUI evidence is always just around the corner. Looked from the right angle, your case probably isn’t as bad as you may think.

WHAT ARE YOU BEING CHARGED WITH?

Most DUI cases in Maryland involve several citations. Let’s explore them in order:

Driving While Under the Influence - This is essentially drunk driving. It does not require any evidence of blood alcohol content. It requires that the State prove in court that the person was operating a motor vehicle after consuming alcohol in a sufficient quantity to render that person “under the influence”. In charges such as these, the officer’s observations and driver’s statements to the officer concerning how much alcohol he or she consumed are very important. The maximum sentence for this offense for a first offender is 1 year in jail and/or a $1,000.00 fine. A second offender faces 2 years in jail and/or a $2,000.00 fine. A person who is charged with this offense three or more times faces a maximum sentence of 3 years in jail and/or a $3,000.00 fine. The MVA will also assess 12 points on a Maryland driving license for a conviction of this offense. Remember, 12 total points on a Maryland driver’s license can result in license revocation.
1. Driving While Under the Influence Per Se - This means that the driver is charged with operating a motor vehicle while having an alcohol concentration of .08 or more. To prove this case, the State must introduce the breath or blood test to determine the exact alcohol concentration of the driver. If the driver’s attorney is successful in excluding this test from admission at trial, then the State will lose on this charge. The maximum sentence for this offense for a first offender is 1 year in jail and/or a $1,000.00 fine. A second offender faces 2 years in jail and/or a $2,000.00 fine. A person who is charged with this offense three or more times faces a maximum sentence of 3 years in jail and/or a $3,000.00 fine. The MVA will also assess 12 points on a Maryland driving license for a conviction of this offense. Remember, 12 total points on a Maryland driver’s license can result in license revocation.
2. Driving While Impaired - This means that the driver is charged with driving after having consumed alcohol in sufficient quantity to impair normal coordination but not enough to put him or her under the influence of alcohol. In other words, the driver is affected by alcohol consumption but not drunk. The maximum sentence for this offense for a first offender is 60 days in jail and/or a $500.00 fine. A subsequent offender faces 1 year in jail and/or a $1,000.00 fine. The MVA will also assess 8 points on a Maryland driving license for a conviction of this offense. Remember, 8 total points on a Maryland driver’s license can result in license suspension.
3. Related Moving Violation - Typically, the arresting officer will (but does not have to) charge the driver with a moving violation which the officer will allege is the reason for the initial stop of the automobile. These offenses are almost always fine only offense and will generally have far fewer point assessments by the MVA.

NOW THAT YOU’VE BEEN CHARGED WITH DUI IN MARYLAND:

If you face a DUI charge in Maryland, in the eyes of the court, you are accused of a serious crime. Mothers Against Drunk Driving (MADD) have been beating the drums for over twenty years telling judges at judicial conferences about the dangers to the public caused by drunk drivers. You fact the potential loss of your license, incarceration, heavy fines and a permanent criminal record. Whether you believe that you are guilty or innocent, your first priority must be to find an attorney to protect your rights and defend you. Make sure that the lawyer you choose has experience both in terms of the number of years that he or she has been defending clients charged with DUI but in terms of the number of cases that he or she has handled in this area. At Carey Law Offices, LLC, LLC we have been protecting the rights of our clients since 1981 and have handled thousands of DUI cases before judges and juries.

SEVEN COMMON MISTAKES IN MARYLAND DUI CASES

The following are common mistakes people make in their Maryland DUI cases, and the regrets and consequences of those mistakes:

I pled guilty at the outset of the case. I just wanted to get my DUI in Maryland over with. It was a first offense and just wanted to get it behind me as soon as possible. I didn’t know anything about mitigation or how to minimize the offense or sentence and now have a permanent record.
I didn’t take the charge seriously. I thought it was like a traffic ticket. Now, I’m paying high risk car insurance and have a criminal record which has prevented me from getting the job I want. It would have been cheaper to treat this like the very serious charge that it was from the very start.
I tried to talk and negotiate with the prosecutor myself. I wanted to save money so I spoke with the prosecutor and admitted drinking before I got behind the wheel. I even admitted that I had two prior DUIs that the prosecutor didn’t know about. Instead of giving me credit for honesty, the prosecutor served me with a Notice of Subsequent Offender which increases the maximum penalty and makes it far more likely that I will now go to jail for this offense.
I ignored the summons because I don’t live in Maryland. I simply figured that since I never planned to visit Maryland again, that this case wouldn’t hurt me. Instead, the Maryland court issued a bench warrant for my arrest and my non-Maryland driver’s license has been suspended because of the Maryland case and I will have to return to Maryland to resolve this case if I ever want to drive legally again.
I didn’t hire an attorney. I thought I could do it myself. After all, how hard could a DUI charge be? I mean, I did admit to drinking and I blew over the legal limit . . . open and shut, right? Turns out the law is more complex than I thought and had I raised a Constitutional issue at the right time, my case would probably have been thrown out.
I hired the cheapest attorney I could find and thought only about cost. Well, I got what I paid for!! I understand there is always a chance of losing, but with the person I hired, winning was never an option. If I had to do it all over again, I would have hired the best attorney I could find and have him fight like to hell to protect my rights.
I talked to people other than an attorney about my case and listened to their advice. I’m a big believer in learning by experience. So I talked to other people who’d gone through this before. This was my first DUI arrest. The advice I got was dead wrong. I didn’t know that the law had changed since my friend got his last DUI.