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Maryland DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Immigration Law and Tax Law for Maryland on
Q: Can I get a driver's license in Maryland as an illegal alien who has been in the US only for a year?

Hello everyone,

I have been living in the US for just a year now. I entered with a b1 visa and overstayed it. I am aware that it is illegal but as an African, I didn't have any real chances of obtaining a residency in the US.

That said, I work hard every day hoping my American... Read more »

Mark Oakley
Mark Oakley answered on Oct 3, 2020

Yes. Maryland repealed the requirement to prove legal status in the US in order to obtain a driver’s license; however, a license obtained by an illegal immigrant is not the same as a license obtained by someone with legal status. They look similar, but it is not a legal form of identification for... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... Read more »

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2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
Eric Todd Kirk answered on Jan 10, 2020

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... Read more »

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1 Answer | Asked in DUI / DWI for Maryland on
Q: I got a DUI in Maryland and was given a PBJ but I have a CDL. Will I be assessed points on my license?
Mark Oakley
Mark Oakley answered on Nov 10, 2019

The PBJ will not mask the DUI offense on your CDL. Even if you received a PBJ the DUI will not only appear on your CDL record, it will trigger a one year suspension. Maryland’s laws are written to comply with federal laws that treat dispositions like a OBJ as a conviction for purposes of... Read more »

1 Answer | Asked in Traffic Tickets, DUI / DWI, Employment Law and Car Accidents for Maryland on
Q: What about the driver is drunk and also do a hit and run

Ok got into a accident and the other driver was drunk and did a hit and run

Also getting on the bus the mta driver had ear phones in his ear so he didn't follow the rules so i want to sue both of them

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Contact a member of the Md. Assn for Justice. They give free consultations. Not clear if you were in a car, on the bus, or what, so I can't advise you further.

1 Answer | Asked in DUI / DWI for Maryland on
Q: If i had a dui and got probation before judgement will that affect public clearance
Mark Oakley
Mark Oakley answered on Aug 23, 2019

“Public clearance” is not a term I recognize, but if you are referring to a government security clearance, the answer is not clear-cut. The pbj disposition and the charge description will show in a criminal background check, and although it is not a conviction or guilty finding, it remains... Read more »

2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: First offense. Arrested for DUI after accident. No paramedics, denied opportunity to speak to a lawyer entire time.

Hit a pole driving with a friend. Police showed up, pulled us from the car, and started administering FST right away. Blew breathalyzer and was arrested afterwards. Taken to station, blew breathalyzer there and blew .16. Released afterwards. No paramedics were called and asked for a lawyer from the... Read more »

Mark Oakley
Mark Oakley answered on Jul 4, 2019

If by “beating the case” you mean winning at trial, there are not enough details in your description to give any definitive opinion, but the accident is more than enough probable cause for an officer to initiate a stop and a investigation, and then everything else flows from there as to... Read more »

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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
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
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
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 »

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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
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
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 »

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1 Answer | Asked in DUI / DWI for Maryland on
Q: Can I be penalized for refusing to take a breathalyzer test?
Mark Oakley
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
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
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
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
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
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
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... 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
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.

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