Lawyers, Answer Questions  & Get Points Log In

Maryland DUI / DWI Questions & Answers

1 Answer | Asked in DUI / DWI for Maryland on

Q: I have a public defender for a DUI case I do not feel they are acting in my best interest can I get a postponement to c

They have had no contact with me since I qualified so I went in on my own volition can you find out what's going on could not get much information. I do not feel that they are acting in my best interest is there anyway I can get a postponement to change counsel and if so how do I do that

Mark Oakley answered on Apr 6, 2019

If you can afford to retain a private lawyer, and make at least a substantial down payment on their fee, then the lawyer can request the postponement to allow more time to prepare the case. That will give you the time needed to pay the balance of the fee. You will need to call around to find a... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Was charged with a dui and I refused to take the test and the officer never read the dr15 nor my rights

Mark Oakley answered on Feb 3, 2019

You only need to be provided the opportunity to read the DR-15 before signing it, and that must happen before you refuse the breath test. Call a lawyer to discuss the details. There is a brief (10 day) deadline to request an MVA hearing on the test refusal to avoid suspension before the hearing can... Read more »

2 Answers | Asked in DUI / DWI for Maryland on

Q: when if i can have a DUI expunged from my record?

Mark Oakley answered on Dec 20, 2018

Unless you were found not guilty after trial, or the case was dismissed, then you can never get a DUI charge expunged, even if you received a probation before judgment disposition (meaning the judge still put you on probation but did not enter the conviction). It is one offense the statute... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Maryland on

Q: If a policeman asks me to take a field sobriety test, am I required to comply? What if I resist?

Mark Oakley answered on Dec 11, 2018

You are not required to perform any field sobriety tests. You do not “resist”—you politely decline to do any of their tests. If they transport you to the station under arrest, and offer you a breath test at the station (not the one on the side of the road) and it’s your first offense, then... Read more »

2 Answers | Asked in DUI / DWI for Maryland on

Q: Can I get a DUI for drunk driving my bicycle on my college campus?

Mark Oakley answered on Dec 1, 2018

Yes. Maryland DUI laws apply to all vehicles, and a bicycle is defined as a vehicle. Therefore, when you ride a bike, you are subject to the same laws as drivers in other motorized vehicles. Hire a lawyer, because the same penalties, fines and points apply if convicted as if you were charged in a... Read more »

View More Answers

1 Answer | Asked in DUI / DWI for Maryland on

Q: Can I be penalized for refusing to take a breathalyzer test?

Mark Oakley answered on Nov 17, 2018

You won’t be penalized in court, but you will face a longer suspension on your driver’s license by the MVA (or a longer time on the ignition interlock in order to continue driving). You have 10 days (to guarantee a hearing before a suspension after 45 days) from the date of arrest to request a... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Can I get in trouble for drunk driving if I'm doing so on an account of an emergency?

Mark Oakley answered on Oct 18, 2018

Yes. There’s no exception in the law for “DUI emergencies” call a cab or an Uber

1 Answer | Asked in DUI / DWI for Maryland on

Q: Can getting a DUI affect my job as a public school teacher?

Daniel P Leavitt answered on Oct 16, 2018

Are you employed in Maryland or Virginia? In my experience the answer is that it may impact your job. Usually employees are subject to background checks and every employer is different on how they treat these. A DUI in Virginia and in most states will result in a license suspension and that can... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Does a DUI/DWI conviction in another State count as a prior conviction?

Mark Oakley answered on Sep 20, 2018

Yes, if by that do you mean a judge or prosecutor will take that into consideration at sentencing. However, for purposes of being a subsequent offender under any enhanced sentencing penalties, or for actions by the MVA in connection with suspension or revocation of your driving privileges, then... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Does a DUI conviction automatically lose you your license?

Mark Oakley answered on Sep 8, 2018

No. You will receive a letter notifying you that your license will be revoked as of a stated date, but that you have the right to a hearing regarding the revocation. The letter may also provide you with the option of electing the ignition interlock for a year. Both options, either requesting a... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Are police officers required to use a standard set of field sobriety tests in Maryland, or can they ask you to do

whatever they want to determine whether you've been drinking?

Mark Oakley answered on Aug 22, 2018

They are trained to use specific tests which have been developed and approved for testing motor skills affected by alcohol or narcotic substances; however, their general observations are also used to assist them and the trier of fact at trial (judge or jury) to determine intoxication.

1 Answer | Asked in DUI / DWI for Maryland on

Q: I was tipsy when I clipped a jaywalking pedestrian. Shouldn’t they get cited for jaywalking and causing a hazard instead

of me? I would've made it home fine otherwise.

Mark Oakley answered on Aug 6, 2018

Were you charged with DUI? It doesn't matter if they were jaywalking. It may be that you're not guilty of failing to yield to a pedestrian crossing outside of the cross-walk, and it may also be that the pedestrian is contributorily negligent for his injuries, and it may even be none of your fault... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Can you get a DUI if you are under the influence of something you have a prescription for?

Mark Oakley answered on Jul 27, 2018

Yes, driving under the influence of drugs. Just like alcohol you voluntarily consumed the drug, and either knew or should have known the effects. There are potential defenses based on facts not shared in your post.

1 Answer | Asked in DUI / DWI for Maryland on

Q: How long do you lose your license for a third DUI?

Mark Oakley answered on Jul 13, 2018

There are two bases to lose your driving privilege: first, if you refuse the breath test or test above the legal limit; second, upon conviction and assessment of points. Under the first scenario you can get the ignition interlock and still drive. Under the second, you may get revoked for up to 18... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Will taking a plea deal lessen DUI penalties?

Mark Oakley answered on Jul 9, 2018

Pleading guilty, as opposed to being found guilty after trial, shows “acceptance of responsibility” which a judge can consider to be a positive factor in mitigation of any sentence. Further, in many cases, the prosecutor will offer to let you plead guilty to the lesser charge of Driving While... Read more »

1 Answer | Asked in DUI / DWI for Maryland on

Q: Are sobriety checkpoints legal in Maryland?

Mark Oakley answered on Jun 22, 2018

Yes, they are legal in Maryland and the Supreme Court has ruled that the safety considerations of removing drunk drivers from the roads outweigh the harm of random stops without probable cause.

1 Answer | Asked in DUI / DWI for Maryland on

Q: Hello - I want to find out if Maryland has passed legislation for expungement of dui conviction.

I was convicted of dui under the age of 21. It was a pbj conviction.

Mark Oakley answered on Jun 8, 2018

No, you cannot expunge a DUI PBJ disposition. A PBJ is not, by the way, a conviction, and the fact that you were granted the PBJ means you are not guilty of the DUI (even if you pled guilty or were found guilty after trial). It will, however, continue to show on a criminal background check as a... Read more »

2 Answers | Asked in DUI / DWI for Maryland on

Q: Can you say no to a field sobriety test?

Mark Oakley answered on Jun 1, 2018

Yes, you are under no obligation to perform stupid human tricks—Er, field sobriety tests. However, once you are arrested and transported back to the police station and asked to take a breath test, your choice will have a significant impact on your driving privilege, so as the Knight Templar said... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Maryland on

Q: Can you get a DUI for marijuana?

Ryan Posey answered on May 12, 2018

Yes.

View More Answers

1 Answer | Asked in DUI / DWI for Maryland on

Q: Can you get an ignition interlock instead of a suspended license for DUI?

Mark Oakley answered on Apr 20, 2018

Yes, if the basis for the suspension is alcohol related. This is a very general question, and review of the MVA suspension order would be necessary to properly advise you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.