When you’re facing DUI charges in Maryland, having clear answers to your questions can make all the difference in protecting your rights and future. Maryland law prohibits both driving under the influence (DUI) and driving while impaired (DWI), and understanding the distinction between these charges, the potential penalties, and your legal options is crucial for mounting an effective defense.
Our experienced criminal defense attorneys at Scheuerman Law have compiled answers to the most frequently asked questions about DUI cases in Maryland. With decades of experience defending clients against impaired driving charges throughout Baltimore and beyond, we understand that each case is unique — and that’s why personalized legal representation matters. These FAQs address everything from breathalyzer test procedures and license suspension timelines to your rights during traffic stops and the latest changes in Maryland DUI law.
Whether this is your first offense or you’re dealing with more complex circumstances, the information below will help you understand what you’re facing. However, remember that while these answers provide valuable general guidance, nothing replaces the personalized advice of an experienced DUI lawyer who can evaluate the specific facts of your case. Schedule your free consultation today to discuss your situation with our award-winning legal team.
Do I Need To Hire A Lawyer For My DUI?
Yes. An experienced criminal defense lawyer can greatly assist you in understanding the charges, defenses, criminal and administrative consequences, and help navigate the judicial system. When facing a DUI conviction, you want a lawyer who will fight for you, knows Maryland law, and knows the system.
A skilled attorney can challenge the validity of field sobriety tests, BAC test results, and the legality of the traffic stop itself. They can also negotiate with prosecutors for reduced charges or alternative sentencing options like alcohol education programs or probation before judgment. Having a defense attorney on your side ensures you have the legal knowledge and skills to correctly defend yourself in a court of law. Don’t risk your future — contact our Baltimore DUI lawyers today for a free case evaluation.
Do I Have The Right To A Jury Trial For My DUI?
It depends. Under Maryland law, a person charged with a traffic or criminal offense that carries more than 90 days in jail typically has the right to a jury trial. If you are charged under Transportation Article § 21-902(a) for driving under the influence, the maximum penalty is one (1) year in jail, and you have the right to a jury trial. If you are only charged under Transportation Article § 21-902(b) for driving while intoxicated, the maximum penalty is 60 days, and you do not have the right to a jury trial, unless you are in the circuit court on a de novo appeal.
Understanding your trial rights is crucial for developing your defense strategy. Our attorneys can help you determine whether requesting a jury trial is in your best interest based on the specific circumstances of your case and the local court’s tendencies. Call us today to discuss your options.
Is Jail Time A Possibility For A First DUI Offense In Maryland?
Yes, jail time is a possibility for a first DUI offense in Maryland, but it’s not always the outcome. The maximum penalty for a DUI in Maryland is 1 year imprisonment and/or a $1,000 fine for the first offense. However, the actual sentence depends on the specifics of your case. If there were no aggravating factors — like an extremely high blood alcohol level, an accident, or a minor in the vehicle — judges are often more lenient, especially for individuals with a clean record.
In many cases, first-time offenders may be eligible for Maryland’s Probation Before Judgment (PBJ) program. This option allows the court to withhold a formal conviction if you successfully complete the terms of your probation, which often includes completing DUI classes or an alcohol assessment. That means the DUI won’t appear as a conviction on your criminal record, though it may still be visible to the MVA. The change in the law now allows a person to expunge a DUI where they received a PBJ 15 years “after the date the petitioner was discharged from probation.”
What Is The Best And Worst-Case Scenario For My DUI?
For first offenders, drunk driving or driving under the influence of alcohol under Transportation Article § 21-902(a)(1) carries a maximum penalty of one (1) year in jail and/or a $1,000.00 fine, as well as 12 points on your Maryland driver’s license and the possibility of a revocation of your driver’s license. For first-time offenders, this is the worst-case scenario.
The best case scenario depends on the particular facts of the case, priors, case-specific defenses, and affirmative mitigation steps taken before going to court. The best case scenario may include acquittal, or probation before judgment with a period of probation, fine, and no points on your driver’s license. Taking proactive steps like enrolling in an alcohol education program or obtaining a substance abuse evaluation can significantly improve your outcome. Our Baltimore attorneys thoroughly understand Maryland law. Schedule a consultation with our firm for more help.
Will My License Get Suspended If I Get A DUI?
The Maryland Transportation Article and DR-15 Advice of Rights form you received from the police officer lay out the potential administrative sanctions associated with a DUI. If you submitted to the chemical or physical test, and the test result is an alcohol concentration of at least 0.08 but less than 0.15, your driver’s license will be suspended for 45 days for a first offense, and 90 days for a second or subsequent offense.
If your test result is an alcohol concentration of 0.15 or more, your driver’s license will be suspended for 90 days for a first offense, and 180 days for a second or subsequent offense. If you refuse to submit to a test, the suspension will be for 120 days for a first offense, and one (1) year for a second or subsequent offense. The ignition interlock program is now required for anyone who is convicted of or receives a PBJ for an alcohol-related DUI offense, which became mandatory as of October 1, 2024.
There are exceptions to the general rules, which is why you should consult an experienced DUI attorney. For example, if the test result was between 0.08 and 0.15, the suspension may be modified or a restrictive license issued at a hearing. You may also be eligible for a hardship license or participation in the ignition interlock device program to maintain limited driving privileges. This MVA hearing, however, must be requested within 30 days of the date of the Order of Suspension. I highly recommend consulting an experienced Maryland DUI attorney as soon as possible after the stop to determine the options and protect your driving record. Don’t wait — contact us immediately to protect your driving privileges.
Can A Preliminary Breath Test Be Used Against Me In Court?
No. Under Transportation Article § 16-205.2(c), the results of a preliminary breath test administered at the scene of the stop shall be used as a guide for the police officer in deciding whether to make an arrest for a DUI, but may not be used as evidence in court by the State.
However, it’s important to understand that refusing a preliminary breath test (different from the official breathalyzer test at the station) can still give officers probable cause to arrest you based on other observations. The official breath test at the police station is what falls under Maryland’s implied consent laws and carries license suspension penalties for refusal. Understanding these distinctions is crucial — call our office for immediate guidance if you’ve been arrested.
Do I Have The Right To Talk To A Lawyer Before I Decide Whether To Submit To The Breath Or Blood Test?
Yes. The Maryland Court of Appeals in Sites v. State, 300 Md. 702, 481 A.2d 192 (1984) determined that individuals suspected of drunk driving have a Fourteenth Amendment due process right to consult with an attorney, either on the phone or in person, to help decide whether to submit to the breath or blood test. This right is important as the administrative sanctions for a refusal include a 120 day suspension of your driver’s license for a first offense, and/or a one (1) year disqualification of your commercial license.
Time is limited, so having a DUI attorney’s number readily available is crucial. Our firm offers 24/7 emergency consultation services for clients facing this critical decision.
What If I Wasn’t “Driving”?
You may have a defense. In Atkinson v. State, 331 Md. 199, 627 A.2d 1019 (1993), the Maryland Court of Appeals recognized the “shelter doctrine.” As a matter of public policy, we want to encourage potentially intoxicated individuals who cannot safely operate a motor vehicle to use their vehicle as a shelter to sleep off the intoxication.
Whether the individual was in actual physical control of their vehicle will depend on a number of factors, including without limitation, whether the vehicle’s engine is running, whether the ignition is on, where the person is found in their vehicle, whether they are awake, where the car key is located, whether the headlights are on, and where the vehicle is located on the roadway.
In Thomas v. State, 277 MD. 314, 353 A.2d 256 (1976), the Maryland Court of Appeals reversed Thomas’s conviction for a DUI because Thomas was not driving. The Court stated, “When the day arrives, however, when a person may be convicted upon the basis of suspicion only, liberty will have vanished from the land.” This defense requires careful legal analysis and presentation. Contact my firm today to determine whether you have a potential defense to avoid a DUI conviction.
How Long Will A DUI Remain On My Record In Maryland?
A DUI conviction in Maryland isn’t something that just disappears with time—it leaves a lasting mark. If you’re convicted, that record stays with you permanently and cannot be expunged. This can affect everything from job applications to housing opportunities, as background checks may continue to reveal your DUI long after the case is closed. The conviction will also impact your insurance rates significantly, often doubling or tripling your premiums for several years.
There is one exception: if you’re granted Probation Before Judgment (PBJ), you might be eligible for expungement — but only after 15 years have passed and you were discharged from probation, and only if you’ve avoided further legal trouble. Previously, DUI-related offenses were not eligible for expungement unless the charge was dismissed, the accused was acquitted, or the case was placed on the STET docket. Understanding how a DUI affects both your criminal and driving records is essential. An experienced DUI attorney in Baltimore can help you explore your options moving forward. Don’t let a DUI define your future contact us to discuss PBJ eligibility.
What Is The Standard For A DUI Arrest?
The law enforcement officer must have probable cause that you are under the influence of alcohol or drugs to arrest an individual for a DUI. This decision should be based on the officer’s initial observation of the vehicle in operation, the officer’s observation of the stop, the officer’s observation of the individual’s exit from the vehicle, the officer’s face-to-face interview, standardized field sobriety test results, and a preliminary breath test.
Understanding the arrest standard is crucial because any violation of proper procedures could lead to evidence being thrown out or charges being dismissed. Our attorneys meticulously review every aspect of your arrest to identify potential constitutional violations or procedural errors that could strengthen your defense.
What Should I Do Immediately After A DUI Arrest?
Taking the right steps immediately after your arrest can significantly impact your case outcome. First, write down everything you remember about the stop and arrest while it’s fresh in your memory. Second, request your MVA hearing within 30 days (or within 10 days if you want to avoid any license suspension). Third, gather any evidence that might help your case, such as receipts showing when and where you were before driving, or contact information for witnesses.
Most importantly, contact an experienced criminal defense attorney who specializes in DUI cases. Early intervention allows your attorney to preserve evidence, interview witnesses while memories are fresh, and potentially negotiate with prosecutors before charges are formally filed. Time is critical — call Scheuerman Law immediately for a free consultation and protect your rights from day one.
Ready To Fight Your DUI Charges? We’re Here To Help
If you’re facing a DUI conviction in Maryland, don’t navigate this challenging time alone. Our experienced team at Scheuerman Law has successfully defended countless clients against DUI charges, helping them protect their freedom, driving privileges, and future opportunities. We understand the stress and uncertainty you’re facing, and we’re committed to providing the aggressive defense and compassionate support you need.
Every DUI case is unique, and the strategies that work for one client may not be right for another. That’s why we offer personalized consultations to evaluate your specific situation and develop a defense strategy tailored to your circumstances. From challenging the traffic stop to negotiating for reduced charges or alternative sentencing, we’ll explore every avenue to achieve the best possible outcome for your case.
Don’t wait another day to protect your rights. Contact our firm today for your free, confidential consultation. Call us at 443-8882062 or fill out our online form to schedule your appointment. The sooner you act, the more options we’ll have to defend your case. Your future is too important to leave to chance let us fight for you.