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Maryland DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Maryland on
Q: My son was convicted in VA 2nd DWI in 5 yrs - Susp period for license ends 4/9/18. Can he get his MD license back now?

He was md driver but both DWI's were in VA..none in MD. He met the VASAP requirements but will need to get the Northumberland office to send a release notice to the DMV or court..not sure. Court did not say he is required to have interlock system upon restoration of his driving privilege but... Read more »

Mark Oakley
Mark Oakley
answered on Mar 31, 2018

As soon as his privilege is reinstated in VA it should be reinstated in MD. If it is not, he can get proof of the reinstatement in VA and take it to the MD MVA. If he was convicted in VA of DUI, then MD may give notice of intent to suspend or revoke his MD license based on an out of state... Read more »

2 Answers | Asked in DUI / DWI for Maryland on
Q: Can you get a DUI if you weren't driving while drunk? I was parked and asleep.
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 30, 2018

Sounds like an Atkinson case to me. I’ve won cases in similar situations when the evidence showed the car was being used for shelter and not transportation.

Of course - as every case is different and past success is not an indicator of any particular result in your case - it will depend...
Read more »

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1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: MVA charging me w/ accumulation of points 5 years after Circuit Court DWI conviction

Convicted of DWI on 02/02/2012 (MVA notified on 12/08/2017 and given 12 points). Did have 1 point added in 2013 for speeding. When the 12 points were added in 2017 from the 2011 offense and 2012 conviction, notice of revocation of license issued by MVA. Going to administrative hearing but is there... Read more »

Mark Oakley
Mark Oakley
answered on Mar 9, 2018

What is the reason for the delay in the notification of the DUI conviction? Ordinarily, upon conviction, the MVA is notified and the points go on fairly quickly, within days or weeks. I have had clients who were charged in one year, but failed to appear on the charges and they remained... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: Hi, My daughter moved to MN, got a job there. Still had MD license. Got DWI, rcvd probation. MD phone hearing today

Lady gave her 12 points! and said she could appeal. She explained she was already tried in MN court, on probation, 90 day suspension, went to all classes. Got MN license as requested by MN. Help please. She has spent close to $ 7000 already. Any suggestions? thanks so much

Mark Oakley
Mark Oakley
answered on Feb 22, 2018

Yes, you have 30 days to appeal to the circuit court. I would need to know the MD Transportation Code sections the MVA used to impose the 12 points and any revocation or suspension. Did she end up with a conviction on the DUI in MN? And if so, was there any evidence of the specific MN statute... Read more »

2 Answers | Asked in DUI / DWI for Maryland on
Q: Do you have to do a breathalyzer test if a cop stops you?
Ryan Posey
Ryan Posey
answered on Feb 9, 2018

No, you can always refuse the PBT. Just know that doing so will result in the suspension of your license. Talk to an attorney about ways to mitigate this with the MVA.

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1 Answer | Asked in DUI / DWI for Maryland on
Q: Husband had dui 12 yrs ago, took class and given unsupervised probation for a year judge said no record after that

Now being asked if EVER charged with anything on a form, should he put that down? A record search shows no results for him

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jan 16, 2018

MD says you can be asked about convictions not arrests. Don’t answer about arrests. Leave that blank unless he’s applying for a certain type of job where that can be required such as a police officer

1 Answer | Asked in DUI / DWI for Maryland on
Q: If i refuse to take a breath test, what happens?
Bennett James Wills
Bennett James Wills
answered on Jan 5, 2018

You will face an automatic suspension of your license. But you would have the option to have an administrative hearing. If you have been charged with a DUI consult local counsel for your best options.

1 Answer | Asked in DUI / DWI for Maryland on
Q: Can you be convicted of a dui for just failing field sobriety test not urine blood or any other test? I

Found drugs but I only failed field sobriety test no urine blood or anything.

Ryan Posey
Ryan Posey
answered on Jan 1, 2018

Could you be convicted? Yes, it is still possible. However the less evidence the State has the more difficult it is to convict you. What drugs were found would be of particular importance in your case. Also whether by "failed field sobriety" you mean the regular test or the DRE examination.

1 Answer | Asked in DUI / DWI for Maryland on
Q: Do you go jail for a first time DUI?
Bennett James Wills
Bennett James Wills
answered on Dec 18, 2017

Not necessarily. Depends on many factors including the circumstances of the DUI, whether there was an accident or injuries, whether the state offer you a plea, etc. You would be wise to consult local counsel if you have been charged to best determine your options.

1 Answer | Asked in DUI / DWI for Maryland on
Q: Can I still get a DUI if my BAC is under the legal limit?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Nov 7, 2017

Yes if you had enough bad facts --- accident, terrible field sobrieties, etc. It is fact specific.

1 Answer | Asked in DUI / DWI for Maryland on
Q: Are there any repercussions for refusing to take a chemical test?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Nov 7, 2017

Yes: IF reasonable grounds for the stop were show and the refusal wasn't based on something impermissible like the officer telling you to sign a form and you could leave, then this is likely a case where your license is automatically suspended based on the refusal. If you have a CDL, you will... Read more »

1 Answer | Asked in DUI / DWI for Maryland on
Q: If I get convicted with a DUI, will I have automatic jail time or is there a way to negotiate to just pay a fine?
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Nov 7, 2017

It isn't automatic jail time - is discretion of the court, but it depends on a lot of factors like whether this is your first time DUI or whether this is a multiple and whether there was an accident and people were hurt.

1 Answer | Asked in DUI / DWI for Maryland on
Q: If I was pulled over for swerving lanes but my breathalyzer results were under the legal limit, can I still be arrested

for a DUI?

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Nov 7, 2017

Yes, but at that time it is an officer discretion situation. If the officer smells alcohol on your breath, probably this will kick in the field sobriety tests. It will depend on how you perform on those, also what you blow score is on the PBT. If it is, say .07, you are almost DUI level. An... Read more »

2 Answers | Asked in DUI / DWI for Maryland on
Q: If a police officer asks me to take a field sobriety test, what should I do? Do I really have a choice?
Ryan Posey
Ryan Posey
answered on Aug 16, 2017

You always have a choice. A police officer cannot force you to take the field sobriety tests. However if you refuse to take a breath or blood test, that refusal may result in a suspension of your driver's license.

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1 Answer | Asked in DUI / DWI for Maryland on
Q: Can my car insurance company drop me if I’ve had a DUI?
William C. Head
PREMIUM
William C. Head
answered on Aug 10, 2017

All insurance companies WANT to drop anyone with a DUI-DWI. State law sometimes restricts this from happening, unless that company offers you either SR-22 coverage or puts you with their substandard carrier, at higher costs.

Look online for DUI-DWI attorneys in MD, who offer a free...
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1 Answer | Asked in DUI / DWI for Maryland on
Q: Can having a DUI affect my ability to get full or partial custody of my children?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Jun 13, 2017

Not specifically but it could be a factor when a court considers the standard for allowing custody

1 Answer | Asked in DUI / DWI for Maryland on
Q: I just found out VA has a hold on my license

- I was in an accident where I was lifeflighted to the hospital in MD but I don't know if I was charged with a DUI - what do I do now

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 26, 2017

You should have been contacted by the police if that were the case. We you a driver then? Contact my office and I can look up for you to see if there's anything on CaseSearch...

1 Answer | Asked in DUI / DWI for Maryland on
Q: If I have a DUI can I operate a scooter?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 5, 2017

Yes. That one was easy.

1 Answer | Asked in Child Custody and DUI / DWI for Maryland on
Q: I have sole joint custody of my three year old,I got falsely accused of a DUI while my daughter was in the car so....

I asked her father to come and get her,cps ruled that she was to stay with her father temporarily. There is no document proving the guide lines of her findings and rules/regulations. Her father also.filed for emergency custody and was denied. Since there is no documents provided stating why... Read more »

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 1, 2017

We handle cases like this regularly. In a DUI there are a lot of factors that go into the case becoming fightable. Issues such as custody are handled other lawyers in my firm. The most important thing is that you get the criminal/DUI matter resolved. The issue is that one court is family the... Read more »

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