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Maryland DUI / DWI Questions & Answers
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... View 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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3 Answers | Asked in DUI / DWI for Maryland on
Q: Can my car insurance company drop me if I’ve had a DUI?
William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View 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... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: Can I petition for expungement of record for a PBJ (DUI charge 5 years ago)?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Mar 18, 2017

Current Maryland law, sadly, does not allow for expungement of DUI PBJ's. I personally advocate for a change in the law since many other, more serious offenses for which one gets a PBJ can be expunged, but I am not a lawmaker so I wouldn't be the one deciding.

1 Answer | Asked in DUI / DWI for Maryland on
Q: I have 3 dui's in Virginia. If I move to Maryland and get another dui, will I be charged with a fourth dui?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Mar 18, 2017

Short answer, yes. Maryland will consider all of the other DUIs as if they happened in Maryland. The statute allows for the State's Attorney's Office to seek enhanced penalties for a prior conviction. If these were DUIs in Virginia (what would be consider a DUI in Maryland) then the... View More

4 Answers | Asked in DUI / DWI for Maryland on
Q: What types of steps are police officers allowed to take to confirm someone has been driving under the influence?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Mar 18, 2017

The field sobriety tests are the primary tests. They allow the officer to make a determination as to whether they have probable cause to make an arrest IF the tests are properly conducted AND the officer had reasonable grounds to be able to even ask for the tests. One test not specifically part... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Maryland on
Q: husband called 911 on me and got arrested himself for 2nd degree DV. Will it help if I say I hit it and it was my fault?

I want to drop the charges which the state has pressed on him and remove the protective order. His bail bond modification has been rejected so I'm scared and don't want to ruin my marriage with him. I also want to know the consequences against me if I state that in my testimony. Initially... View More

Bennett James Wills
Bennett James Wills
answered on Nov 27, 2016

You could discuss your concern with the prosecuting attorney. Since you are married, you may invoke your privilege not to testify against your husband and the charges may be dropped. You can only invoke this privilege once. But you would also be wise to consult with an attorney, the prosecutor, or... View More

2 Answers | Asked in DUI / DWI for Maryland on
Q: Can a public defender stand in court in you place for a dui
Bennett James Wills
Bennett James Wills
answered on Oct 23, 2016

A DUI is a must appear charge. You need to be present in court. If you have already have the public defender, ask them your questions. Otherwise, seek an attorney.

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1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Maryland on
Q: Can a 19 year get locked up for having sex with 16 year old
Peter N. Munsing
Peter N. Munsing
answered on Oct 16, 2016

Only if it was forcible or broke some other law. 16 is age of consent.

1 Answer | Asked in DUI / DWI for Maryland on
Q: two lawyers?become a resident of MD? How long jail?get his CDL back? qualify for drug court? getting confused.

person lives in PA got 5th DUI in MD and has CDL from PA....

Paul Stanko
Paul Stanko
answered on Oct 15, 2016

How does this person still have a CDL after 4 prior DUIs? Get a MD DUI lawyer first. Have him consult with a PA lawyer as necessary.

1 Answer | Asked in DUI / DWI for Maryland on
Q: What punishment can I expect for 1st offense in state of MD? BAC was 0.17 and violations include 901.1B, 902 A1, 902 A2

and 902 B1. No personal injury, but damage to both vehicles. No court date yet. I live in Cumberland, MD.

Bennett James Wills
Bennett James Wills
answered on Oct 14, 2016

You need a lawyer. You are facing possible jail time, suspended license, point, fines, interlock, etc... An attorney would be able to explain the criminal side and the administrative side of DUI law to you.

1 Answer | Asked in DUI / DWI for Maryland on
Q: Can a court motion to change venue without the defendants consent?
Paul Stanko
Paul Stanko
answered on Sep 11, 2016

A court can determine proper venue. You may have recourse to challenge that determination.

1 Answer | Asked in DUI / DWI for Maryland on
Q: Completed DUI Interlock, but got uninstalled before paying fee to DMV, so no completion certificate. How do I fix this?

I successfully completed the Interlock program and was unaware of a lease fee to be paid to the dmv. Therefore the DMV won't grant me the completion letter I need to satisfy the Magistrate so that I may have the DUI expunged from my record. Is there anyway to still have this expunged by... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 26, 2015

Have you asked them what needs to be done at this stage? You might start with that.

2 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Maryland on
Q: Underage drinking citation 19 maryland

I was caught in possession of an open container and being underage drinking alchohol in a public place (1500$ fine).. I also got a litering fine (which im not too worry about i can pay that 100$ ).. i was handcuffed and put in the Back of the police car for about an hour.. Dint get breathalyzed or... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 20, 2015

Yes, you should consult with a local lawyer about this.

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2 Answers | Asked in DUI / DWI for Maryland on
Q: What is the statute of limitations for a dui in maryland?
Thomas C. Valkenet
Thomas C. Valkenet
answered on May 31, 2013

Were you arrested? Did you receive a ticket? Did the officer take your license and give you a provisional 45 day license? There are several clocks that start ticking from any one of these events. We have a DUI/DWI lawyer in the office who can review your documents and handle your case.... View More

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