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Maryland DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI and Traffic Tickets for Maryland on
Q: I am over seas for the DOD and my Drivers license has expired. I have a mark on my license due to DUI. What can I do?

My Drivers license is from Maryland. The DMV said I need an Ignition Interlock Device for 1 year in the US to have it taken off my license. I haven’t lived in the US for about 5 years, due to my work.

Is there anything I can do to get it removed so I can get my license again. It’s been... View More

Scott Scherr
Scott Scherr
answered on Feb 28, 2024

You would need to discuss with your lawyer the reason the ignition interlock is required. If it was ordered by a judge or you blew .08 or above or refused a breathalyzer test, then you must do the interlock. There are no exceptions.

If the Medical Advisory Board has ordered the interlock...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: Hi. I received a 3 yr PBJ after pleading guilty to a DUI first offense. I am compliant with the terms.

I have motioned to end after a year. I completed an alcohol abuse program prior to the date and have remained sober as requested by the judge in his order for the plea deal. I have motioned to end the probation after a year. I currently work out of state and want to move. Since I was conciliatory... View More

Scott Scherr
Scott Scherr
answered on Feb 24, 2024

It depends on the judge. Some judges will convert your probation to unsupervised. Other judges will make you stay on supervised probation the entire time. I would not expect the judge to completely end your probation early for a DUI, but unsupervised probation means you do not have to report or pay... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: MD DUI: DR15 form ADVICE OF RIGHTS is the same as Miranda Rights?

Defendant arrested for suspicion of DUI & taken into custody to police station. Arresting officer advised rights on form DR-15 to submit to test but defendant didn’t sign right away handcuffed to table. Observation period 20-30 minutes.. Breath tech officer asked defendant “are you going to... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Unless you made incriminating statements, there’s nothing to suppress. Review the evidence in the case with your lawyer. If there’s a basis to file a motion, then it can be filed. I’m not reading anything in your post to support such a motion. Nor am I reading anything in your post to suggest... View More

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1 Answer | Asked in DUI / DWI for Maryland on
Q: How does an out of state first time DUI ( N.J) affect a Maryland driver. Specifically an interlock device
Scott Scherr
Scott Scherr
answered on Dec 11, 2023

If you are convicted of the DUI, Maryland will be notified and can suspend or revoke your license. They typically will offer the ignition interlock in lieu of a suspension or revocation. You would receive a letter from the MVA.

If you receive the equivalent of probation before judgment in...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: For admin pe se refusal suspend indefinite on 3/19/21 do I need a lawyer didn't refuse blew

Have not received a court summons as of yet no infractions since then. Don't see DUI in case search

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

First, you should have a lawyer for a DUI. Judges take these cases very seriously especially for a refusal. It is a 12 point ticket that carries a year jail plus possible enhanced penalties for a refusal.

Second, the trial date would definitely have occurred by now for a 2021 ticket. It has...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: What to with a admin pe se refusal suspension. I didn't refuse to blow it's been a over year no court letter I no drivin

Have driven for 3 years car broke don't no infractions. Been paying bills don't understand

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

If you refused, it is a 270 day suspension for a first refusal and a 2 year suspension for a second refusal. The suspension begins the 46th day after your arrest. When the suspension is over, you must go to the MVA to get reinstated. Your driving record will tell you if you are eligible for... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Scott Scherr
Scott Scherr
answered on Dec 3, 2023

Download a complete copy of your driving record and it will tell you why your license is suspended. If you are unsure, e-mail a copy of your driving record to an attorney who will be able to tell you what to do.

As Mr. Oakley stated, your license can be suspended for 180 days or more if you...
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2 Answers | Asked in DUI / DWI for Maryland on
Q: Have a DUI from over a year haven't driven or any infraction since then. Think y license is suspended

Wanted to know what to do. Don't see in the case search but still suspended

Mark Oakley
Mark Oakley
answered on Dec 2, 2023

Your license may be suspended due to your taking a breathalyzer test and exceeding the legal limit, or refusing the test, both of which have consequences. Go onto the MVA website and download your driving record. It will show the exact reason and length of any suspension. Contact a lawyer to... View More

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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Terrence M. Nolan
Terrence M. Nolan
answered on Sep 4, 2023

Hello:

I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of...
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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Scott Scherr
Scott Scherr
answered on Sep 3, 2023

Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

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1 Answer | Asked in DUI / DWI for Maryland on
Q: Is there a SOL on a DUI
Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Yes. An arrest/charge must be commenced within one year of the offense date. The trial does not have to take place within one year, but the prosecution must be commenced by issuing charges within that time.

1 Answer | Asked in DUI / DWI for Maryland on
Q: My son has a virtual hearing for DWI in New Jersey. Is this a trial date? Or a preliminary hearing? Will he need a law

Will he need a lawyer for this hearing?

Scott Scherr
Scott Scherr
answered on Sep 12, 2022

You will need to ask a New Jersey attorney this question. Repost your question to New Jersey attorneys by listing the location as New Jersey.

1 Answer | Asked in DUI / DWI, Gov & Administrative Law and Municipal Law for Maryland on
Q: I submitted a car registration renewal request online for Maryland and forgot to update the address? What should I do?

I also had switched insurance providers so, would that be a factor as well?

Scott Scherr
Scott Scherr
answered on Aug 21, 2022

Go to the MVA and ask them for the proper information to amend your address and the insurance company. I do not know if that can be done online.

2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Maryland on
Q: What can be done to remove IID and fight back against the injustice of the police system? We live in MD.

We live in MD and my family was stopped for a routine traffic stop back in January. It was my husband, 14-yr old son, and I in the car with my hubbie driving. We were not far from home just coming from a quick dinner. As we were traveling downhill, we were followed then pulled over for speeding... View More

Mark Oakley
Mark Oakley
answered on Jun 25, 2022

It’s impossible to advise you based solely on these facts. Your husband needs a lawyer, and the best thing he can do is hire a good criminal defense lawyer. The lawyer will obtain all the discovery from the prosecutor and can better analyze the situation.

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1 Answer | Asked in DUI / DWI for Maryland on
Q: I was pulled over for a DWI in Maryland in January 2021 with a .06 bac. Legal limits are .08. More than a year later…

I have not been charged. A dwi in Maryland is a misdemeanor. Can I hire a lawyer to file a motion to dismiss since it’s beyond the statute of limitations?

Mark Oakley
Mark Oakley
answered on Mar 19, 2022

"I have not been charged." So, are you stating that the police officer did NOT issue you a citation at the time of the stop for DWI? You had to be placed under arrest and transported back to the station to take the breath test for that test to be admissible into evidence; otherwise, you... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: I was pulled over for a DWI in Maryland in January 2021 with a .06 bac. Legal limits are .08. More than a year later..

I have not been charged. A dwi in Maryland is a misdemeanor. Can I hire a lawyer to file a motion to dismiss since it’s beyond the statute of limitations?

Scott Scherr
Scott Scherr
answered on Mar 19, 2022

If you have not been charged and citations have not been issued, there is nothing that an attorney can do since there is nothing to move to dismiss. If charges have not been filed by now, you will not be charged.

If citations were issued, then you have been charged and the statute of...
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4 Answers | Asked in DUI / DWI and Immigration Law for Maryland on
Q: I was pulled over and charged for DUI and reckless driving for the first time no accident no injury, why both charge ?

I blew 0.10 on the road side and the officer told me to do not blew at the police station, then I didn’t blew, today I got my license suspended for 270 days. The saddest thing is my asylum case is pending and my final hearing is in couple of months. Please I’ll like to know if this will affect... View More

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Nov 21, 2021

Generally speaking criminal law issues do impact impact immigration cases. You will want to get the paper details of the case as well as the disposition from the court. The disposition is what the court ordered. It should have the court's original seal on it. You will need those documents. if... View More

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1 Answer | Asked in DUI / DWI for Maryland on
Q: If your dui charge is beyond a year, can't be prosecuted? In the staye of Maryland correct ?
Scott Scherr
Scott Scherr
answered on Oct 13, 2021

If charges were filed within one year, then you can still be prosecuted. In most DUI cases, the citations are served on the date of the arrest and then the Defendant has been charged. There is a constitutional right to a speedy trial, but the right must be asserted and any delays caused by the... View More

1 Answer | Asked in DUI / DWI for Maryland on
Q: Is DWI in Maryland a criminal offense in addition to being a traffic violation?
Mark Oakley
Mark Oakley
answered on Aug 4, 2021

All traffic violations that carry the possibility of jail are misdemeanors (a few are felonies) and will appear as arrests and their dispositions will be reported in the FBI national criminal database for purposes of criminal background record checks. So, although they are generally prosecuted on a... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: Maryland's Rule 4-271 and C.P. § 6-103(a) -- is there a District Court equivalent?
Mark Oakley
Mark Oakley
answered on Jun 24, 2021

No. Only applies to cases involving felonies within the jurisdiction of the circuit court, or for cases from District Court where the defendant is entitled to request a jury trial.

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