Maryland DUI / DWI Questions & Answers

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Feb 3, 2019
Mark Oakley's answer
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 be held. You also have the DUI trial to deal with in addition to the immediate license issues.

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

2 Answers | Asked in DUI / DWI for Maryland on
Answered on Dec 20, 2018
Mark Oakley's answer
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 specifically excepts from being expunged.

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
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 generally you are better off taking it rather than refusing as the license consequences for a breath test refusal are much more severe than if you take the test and blow above the legal limit.

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

2 Answers | Asked in DUI / DWI for Maryland on
Answered on Dec 1, 2018
Mark Oakley's answer
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 car.

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Nov 17, 2018
Mark Oakley's answer
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 hearing to challenge the reasons for the officer to stop and arrest you, as well as to challenge whether or not you knowingly declined the breath test after being advised of your rights and the...

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Oct 18, 2018
Mark Oakley's answer
Yes. There’s no exception in the law for “DUI emergencies” call a cab or an Uber

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Oct 16, 2018
Daniel P Leavitt's answer
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 impact your ability to get to and from work.

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Sep 20, 2018
Mark Oakley's answer
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 there are arguments against out of state convictions being used in this way. Also, an out of state DUI conviction will not necessarily automatically disqualify you from receiving a "probation before...

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Sep 8, 2018
Mark Oakley's answer
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 hearing or electing the interlock, have deadlines and procedures set forth in the letter. Do not ignore the letter, and make sure the MVA has your current address. Call a lawyer immediately upon receipt...

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Aug 22, 2018
Mark Oakley's answer
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.

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Aug 6, 2018
Mark Oakley's answer
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 that you hit the pedestrian in the first place, but if the police came to the scene, then they have every right to make observations of you and ask you questions, and then determine whether to arrest...

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jul 27, 2018
Mark Oakley's answer
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.

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jul 13, 2018
Mark Oakley's answer
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 months, but may still be able to obtain a modification to an ignition interlock. However, you may also lose your license to the Medical Unit as an habitual alcohol or substance abuser. If that happens...

Q: Will taking a plea deal lessen DUI penalties?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jul 9, 2018
Mark Oakley's answer
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 Impaired (max 60 days, $500, 8 points) versus Driving Under the Influence (max 1 year, $1,000, 12 points). For first offenders, however, no jail and no conviction (therefore, no points), and...

Q: Are sobriety checkpoints legal in Maryland?

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jun 22, 2018
Mark Oakley's answer
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.

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Jun 8, 2018
Mark Oakley's answer
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 DUI for which you received a PBJ disposition.

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

2 Answers | Asked in DUI / DWI for Maryland on
Answered on Jun 1, 2018
Mark Oakley's answer
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 to Indiana Jones, “Choose wisely.”

Q: Can you get a DUI for marijuana?

2 Answers | Asked in DUI / DWI for Maryland on
Answered on May 12, 2018

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

1 Answer | Asked in DUI / DWI for Maryland on
Answered on Apr 20, 2018
Mark Oakley's answer
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.

Q: I stole a car that was running and got in a accident this lady got hurt but dont think to bad causes they let me go plus

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and DUI / DWI for Maryland on
Answered on Apr 1, 2018
Mark Oakley's answer
Yeah, you need a lawyer. Better to stop posting any more details on this public forum. Felony theft of an automobile, aggravated by an accident with injury, and with a pending DUI from the night before, that’s got jail written all over it. You need to start preparing now for how to deal with these charges.

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