Baltimore DUI/DWI Attorney

DUI/DWI cases are some of the most litigated cases in Maryland. A jail sentence, fines, and loss of your license are very real possibilities. Obtaining the right attorney quickly is of the utmost importance in defending a charge of Driving While Intoxicated or Driving Under the Influence. After prosecuting countless DUI/DWI cases, the attorneys at Albers & Associates understand how to handle DUI/DWI situations and can provide you with the strongest possible defense.

If you do not act quickly, you may lose your driving privileges, depending on the circumstances of your charges. Most people would agree that losing your license can be devastating for you and your family. The inability to drive can affect every aspect of your daily life and can seriously impact your family and employment. At Albers & Associates, we will fight these charges aggressively. Our goal is to seek dismissal of the charges against you and to mitigate the effects of your DUI/DWI arrest. Contact our firm for a consultation today!

Call Albers & Associates today at (443) 665-8030 or contact us online to schedule a consultation with our DUI/DWI attorney in Baltimore.

Consequences of a DUI Conviction in Maryland

Penalties for a First DUI Offense

For a first DUI offense, a person can face the following consequences:

• $1,000 fine
• Up to 1 year in jail
• 12 points
• Possibility of a license revocation for up to 6 months

It’s crucial to be aware that these penalties extend beyond the legal fines and jail time. A first DUI conviction can also lead to increased insurance premiums that last years beyond the initial punishment. Additionally, your record can affect your employment opportunities, as many employers conduct background checks that include driving violations. Understanding these longer-term impacts can inform your decision to seek legal assistance promptly, emphasizing the role of a strategic legal defense from Albers & Associates.

Penalties for a Second DUI Offense

For a second DUI offense, a person convicted can face the following consequences:

• $2,000 fine
• Up to 2 years imprisonment (with a mandatory minimum of 5 days)
• 12 points
• Possibility of a license revocation for up to 1 year

After a second DUI conviction, the repercussions can ripple through your personal life. Repeated convictions can damage your credibility and may hinder career advancement or lead to job loss, particularly if your role involves driving or corporate responsibility. Engaging a proactive legal defense can help mitigate some of these outcomes.

Penalties for a Third DUI Offense

For two convictions of a DUI within five years, a person can face the following consequences:

• Mandatory license suspension
• Participation in the Ignition Interlock Program
• Possible participation in an alcohol abuse assessment and program

Engaging with an Ignition Interlock Program can feel daunting, but it offers a controlled pathway to regain some driving privileges. These devices help monitor driving habits by requiring a breath sample to start and periodically while driving. Such proactive steps, combined with participating in alcohol assessment programs, can demonstrate a commitment to responsibility, which might positively influence court decisions in future proceedings.

Consequences of a DWI Conviction in Maryland

Penalties for a First DWI Offense

For a first DWI conviction, a person can be subject to the following consequences:

• $500 fine
• Up to 2 months in jail
• 8 points
• Possibility of a 6-month license suspension

First-time DWI offenders may have an opportunity for sentence reductions or alternatives, such as community service or educational programs. Committing to change through these avenues can sometimes result in lesser penalties. Understanding this possibility is crucial, as it highlights the value of having legal representation.

Penalties for a Second DWI Offense

For a second DWI conviction, a person can be subject to the following penalties:

• $500 fine
• Up to 1 year in jail
• 8 points
• Possibility of a 9 to 12 months license suspension

A second DWI conviction often results in more stringent scrutiny and offers less leniency. Repeat offenders can expect stricter regulations and may have difficulty obtaining provisional or hardship licenses. 

Point Accumulations

If you are convicted of a DWI/DUI offense, the points assessed to your license can have a serious impact. Your license could be suspended if you get 8-11 points within 2 years. Your license could be revoked if you accumulate more than 12 points within 2 years. This will have far-reaching consequences, including being unable to drive to and from work. This is a serious matter, and our firm will work to help you keep your license by fighting the charges or convincing the court that you should be eligible to opt into the Ignition Interlock Program.

Beyond the direct impact on driving privileges, accumulating points can severely affect one’s car insurance premiums and potential eligibility for employment that requires driving. Managing these points proactively is crucial, and understanding how different offenses contribute can lead to more strategic driving and legal choices.

Administrative & Criminal Proceedings

Maryland is different than other states regarding drunk driving consequences. If you have been charged with a DWI or a DUI, you face two different proceedings. One proceeding is in front of the Maryland Motor Vehicle Administration. This will address your driving privileges. Depending on the facts of the case and your history, you could face a license suspension or revocation. In addition, the MVA will assign points to your license. The other proceeding is a criminal one in which you will face a judge in criminal court. This proceeding will address fines and the possibility of imprisonment. When dealing with this system, it is important to have quality representation.

How Maryland's Climate Affects DUI/DWI Cases

Maryland’s varied seasons can be pivotal in DUI/DWI cases. During colder months, icy roads can compound the challenges of driving under the influence, potentially leading to more severe accidents that may influence the severity of charges and potential penalties. In contrast, the influx of summer tourists can lead to increased law enforcement patrols and checkpoints, particularly in coastal regions popular with visitors. This seasonal awareness is critical for drivers to understand when they might encounter heightened enforcement or risks.

Local climates can also affect the reliability of field sobriety tests, as cold or wet conditions might skew the results of tests like the walk-and-turn or one-leg stand. A skilled legal defense team will know how to interpret these conditions in court, potentially using them to challenge an officer’s findings. Understanding these elements allows Albers & Associates to tailor their defense strategy better serve clients throughout the year.

Local Resources & Rehabilitation Programs

Baltimore offers several valuable local resources and rehabilitation programs designed to support individuals after a DUI/DWI charge. Engaging with these programs can provide alternative pathways to mitigate the personal impact of such charges. Resources such as the Maryland Department of Health offer a variety of certified alcohol education and treatment programs designed to address underlying substance issues and foster healthier decision-making.

Participating in these local programs can also positively influence legal outcomes by demonstrating a proactive approach to the court. Additionally, partnerships with local nonprofits, such as the Maryland Coalition of Families, support individuals and families dealing with substance-related issues by offering guidance and advocacy. 

Getting Charged with a DUI in Baltimore City Court

The Baltimore City Circuit Court is the primary trial court for Baltimore City, Maryland. It handles a wide range of criminal and civil cases, including DUI (Driving Under the Influence) cases. 

Here's how the Baltimore City Circuit Court typically handles DUI cases:

• Arraignment: After being arrested for a DUI, the first appearance in court is usually the arraignment. During this hearing, you'll be formally informed of the charges against you, advised of your rights, and asked to enter a plea (guilty, not guilty, or no contest). If you plead not guilty, further court dates will be scheduled for pre-trial hearings and, if necessary, a trial.
• Pre-trial Hearings: Before the trial, there may be one or more pre-trial hearings where your attorney and the prosecutor discuss the case, file motions, and negotiate potential plea deals. These hearings provide an opportunity for both sides to gather evidence, assess the strength of the case, and potentially reach a resolution without going to trial.
• Trial: If the case goes to trial, it will be heard by a judge or a jury, depending on your preference and the nature of the charges. During the trial, the prosecution will present evidence, including testimony from law enforcement officers, results of breathalyzer or blood tests, and any other relevant evidence. Your attorney will have the opportunity to cross-examine witnesses, present evidence, and make arguments on your behalf.
• Sentencing: If you're found guilty either by pleading guilty or being convicted at trial, the court will schedule a sentencing hearing. During this hearing, the judge will consider factors such as your prior criminal record, the circumstances of the offense, and any mitigating or aggravating factors. Sentences for DUI convictions in Baltimore City Circuit Court typically include fines, license suspension, alcohol education or treatment programs, probation, and possibly jail time, especially for repeat offenders or aggravated circumstances.
• Appeals: If you are convicted and disagree with the outcome of the trial, you have the right to appeal the decision to a higher court. Appeals must be based on legal errors made during the trial rather than disagreements with the verdict itself.

Navigating court cases in Baltimore, with its own procedural nuances, can seem daunting. Each step, from arraignment through to potential appeals, involves strategic decisions that can affect outcomes profoundly. Having a seasoned attorney who knows the intricacies of Baltimore City Circuit Court can be invaluable, ensuring that all available defenses are explored and that procedural errors are adeptly addressed.

DUI Diversion Programs in Baltimore

DUI diversion programs, also known as "pretrial diversion" or "deferred prosecution" programs, are initiatives designed to provide an alternative to traditional prosecution for individuals charged with DUI (Driving Under the Influence) offenses. These programs aim to address the underlying issues that may have contributed to the DUI offense while allowing offenders to avoid some of the harsher consequences of a DUI conviction.

The specifics of a DUI diversion program generally operate as the following:

• Eligibility: Not everyone charged with a DUI offense will be eligible for diversion programs. Eligibility criteria typically consider factors such as the offender's criminal history, the nature of the offense, and whether there are aggravating circumstances such as accidents or injuries.
• Application: If you're deemed eligible for the DUI diversion program, you or your attorney can apply to participate. This may involve submitting an application form and possibly attending an interview or assessment to determine your suitability for the program.
• Program Requirements: If accepted into the program, you'll be required to fulfill certain conditions, which may include:
  • Attending alcohol education or treatment programs
  • Completing community service
  • Abstaining from alcohol and drugs for a specified period
  • Regular check-ins with a probation officer
  • Paying fines or restitution
  • Installing an Ignition Interlock Device (IID) in your vehicle
• Duration: The duration of the diversion program varies depending on the specifics of the case and the requirements set by the court. Typically, it lasts several months to a year.
• Completion: Once you successfully complete all the requirements of the diversion program, the DUI charges against you may be dismissed or reduced. However, it's important to note that the specifics of how completion of the program affects your criminal record can vary, so it's essential to understand the terms of the program before agreeing to participate.
• Non-Completion: If you fail to comply with the requirements of the diversion program, the original DUI charges may be reinstated, and you'll face prosecution as if you had not participated in the program.

DUI diversion programs aim to provide offenders with an opportunity to address the root causes of their behavior while avoiding some of the more severe consequences of a DUI conviction. However, participation in such programs requires a commitment to fulfilling the program requirements, and it's essential to weigh the potential benefits and drawbacks carefully with the guidance of legal counsel.

Common Defenses Against DUI/DWI Charges

• Improper Traffic Stop: Law enforcement must have a valid reason for pulling you over, like erratic driving or a traffic violation. If the stop was made without probable cause, evidence gathered during the stop, which includes the results of field sobriety tests or breathalyzer tests, could be deemed inadmissible in court.
• Inaccurate BAC Results: Breathalyzer machines and blood tests used to measure BAC are not infallible. The results may be inaccurate if the machine was not properly calibrated, maintained, or administered correctly. Similarly, certain medical conditions, medications, or even a low-carb diet can produce false positives on BAC tests.
• Faulty Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by numerous elements, such as weather conditions, uneven road surfaces, or pre-existing medical conditions that affect balance or coordination. If you failed a field sobriety test, it does not necessarily mean you were intoxicated.
• Rising Blood Alcohol Levels: BAC can continue to rise after a person has stopped drinking. If there was a delay between the time you were pulled over and the time your BAC was tested, it is possible that your BAC was below the legal limit while you were driving but rose above the limit by the time the test was administered.
• Violation of Constitutional Rights: Law enforcement must follow specific procedures when conducting traffic stops, arrests, and BAC testing. If your rights were violated during the process—for example, if you were not informed of your right to remain silent—your case could be dismissed, or evidence against you could be suppressed.
• Medical Conditions or Medications: Certain medical conditions, such as acid reflux or diabetes, can cause elevated BAC readings or symptoms that mimic intoxication. Additionally, some prescription medications can impair your ability to drive or interact with alcohol in unexpected ways.
• No Evidence of Impaired Driving: Even if you had alcohol or drugs in your system, the prosecution must demonstrate that you were impaired while driving. If your driving was not erratic or dangerous, it may be possible to argue that you were not too impaired to operate the vehicle safely.

Developing a solid defense strategy can be complex, requiring a thorough understanding of law and applicable science. It’s critical to examine every facet of the evidence and process, looking for inconsistencies or errors that could benefit the defense. Applying these strategies correctly often requires the skills of knowledgeable attorneys, like those at Albers & Associates, who can craft tailored defenses to suit the specific circumstances of each client.

Frequently Asked Questions

What Should I Do If I'm Pulled Over for a DUI in Baltimore?

If you are pulled over for a suspected DUI in Baltimore, it is crucial to remain calm and comply with the officer’s requests. Avoid making any sudden movements and keep your hands visible. You have the right to remain silent, and it is advisable to use this right to avoid self-incrimination. Politely decline to answer questions about your activities. Additionally, you have the right to refuse field sobriety tests, but be aware this could result in a license suspension under Maryland’s implied consent laws. Always request legal representation before further questioning.

How Can I Reinstate My License After a DUI Suspension?

To reinstate your license after a DUI suspension in Maryland, you must follow the Maryland Motor Vehicle Administration (MVA) instructions. This typically includes completing an alcohol education or treatment program and paying any necessary fees. In some cases, installing an Ignition Interlock Device may be required. It is crucial to adhere to all court and MVA stipulations to ensure reinstatement eligibility. Consulting with a DUI attorney from Albers & Associates can provide detailed guidance to ensure all criteria are met for a smooth reinstatement process.

Is Alcohol Education Mandatory After a DUI Conviction in Maryland?

Yes, in Maryland, alcohol education can often be a mandatory part of the penalties for a DUI conviction. The specific requirements depend on the individual case and the ruling of the court. Participation in a certified alcohol education and treatment program can potentially positively impact both legal proceedings and overall rehabilitation.

Are There Different DUI Laws for Underage Drivers in Maryland?

Yes, Maryland enforces a zero-tolerance policy for underage DUI offenders, defined as drivers under the age of 21. If an underage driver is caught with a Blood Alcohol Concentration (BAC) of 0.02% or higher, they face stricter penalties compared to adult drivers. Consequences can include mandatory suspension of the driver’s license, fines, and the completion of alcohol education programs. Additionally, underage drivers may be subject to the same penalties as adult DUI offenders if involved in repeat offenses or accidents. 

Can a DUI Affect My Employment in Maryland?

A DUI conviction in Maryland can significantly impact employment opportunities, especially if your job requires driving. Many companies conduct background checks that can reveal a DUI record, potentially leading to job loss or difficulty in securing new employment. This is particularly true for roles involving driving, corporate responsibility, or positions in industries with strict compliance requirements. Discussing your case with a DUI attorney at Albers & Associates can help explore potential legal avenues to protect your employment and explore record expungement or alternative sentencing programs to minimize career disruptions.

Contact Our DUI/DWI Attorneys in Baltimore

Due to the severity of these offenses, you must retain the services of an experienced DWI/DUI attorney to defend your rights and protect your future. The attorneys at Albers & Associates are experienced in helping clients avoid jail, lengthy probation, and other penalties for Maryland DUI/DWI offenses. If you or someone you love has been charged with a DUI/DWI in Maryland, contact our firm today to arrange a free, confidential review of your case.

Contact Albers & Associates today to get started with our Baltimore DUI/DWI lawyer.