Drinking and Driving (DUI): A High Stakes Game that You Don’t Want to Play.
In Baltimore, Maryland, with the leaves changing colors and the chill starting to take hold in the air, we celebrate our heroes on the grid iron or the baseball diamond. In Baltimore, our folks love partaking in pregame festivities such as tailgating or hosting watch parties at home. Just like the holidays, tis the season for DUI’s. As a criminal defense attorney and DUI defense attorney practicing in Baltimore County, Harford County, and surrounding areas for over 20 years, I wanted to provide you with some insight on what could happen if you were charged with a DUI.
DUI charges often come as a set of 3 charges.
DUI per se
The first is the DUI per se violation that is when a Defendant blows over a .08 BAC. Blood alcohol concentration (BAC) is the amount of alcohol present in a 100 milliliter (mL) volume of blood. For example, 80 mg is 0.08 grams, 0.08 grams of alcohol in 100 ml is written as 0.08%. In other words, 80 mg% is equal to 0.08% which is equal to 80 mg/dL (deciliter; 100 mLs). This value can also be described as 0.08 BAC.
What Happens if I Take the Breathalyzer, and It Comes Back as .08 BAC or More?
If you refuse to take a test to determine your blood alcohol or drug concentration, or take a test and fail it, the police officer will confiscate your driver’s license (Maryland drivers only), issue a paper temporary license (valid for 45 days), and prepare a case for the Maryland MVA file. If you are a commercial driver’s license holder, the MVA will suspend your commercial driver’s license and may disqualify your driving privilege.
Am I Facing a Suspension if I Take the Test and Fail or What if I Refuse the Test?
Maryland is an implied consent state. There is a paragraph on the back of a Maryland driver's license that confirms this.
“Driving in Maryland implies consent to chemical testing for intoxification as required by law. Longer license suspensions may result from refusal to be tested.”
What Does This Mean if I Refuse to Blow or Take a Blood Test when Suspected of A DUI?
If you refuse to submit to a test, your suspension shall be 270 days (about 9 months) for a 1st offense and 2 years for a 2nd or subsequent offense. The key word in this situation is “shall” which means that the Administrative Law Judge does not have the ability to modify the length of the suspension for a refusal.
Can You Tell Me About the Role an Administrative Law Judge Has and How Can I Get a Hearing Before One?
The Administrative Law Judge (ALJ)
An ALJ is an independent officer in the executive branch of Government that does not work for the Department of Transportation or the Motor Vehicle Administration. The ALJ will take evidence from the Motor Vehicle Administration. Often, documents are presented electronically by the MVA and submitted to the ALJ as its case in chief. The burden of an Administrative Hearing is by a preponderance of the evidence, was there reasonable grounds for the stop.
You have the right to present evidence on your own behalf. If you obtain an attorney in advance, your attorney can help you review the evidence and assist you in preparing your defense. These items include but are not limited: to issuing subpoenas for dashcam and body worn camera, or witnesses on your own behalf; issuing subpoenas for the arresting officer to be present; etc.
The Administrative Law Judge then will issue a written decision based on the evidence presented and impose any sanctions if the MVA has met its burden.
How Do I Request an Administrative Hearing
You may request an Administrative Hearing at any time within 30 days (about 4 and a half weeks) of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days (about 1 and a half weeks) of the date of the Order of Suspension to ensure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the “Hearing Request” form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301 along with a check or money order for $150.00 made payable to the “Maryland State Treasurer.” for the mandatory filing fee. Your request for a hearing will be invalid if submitted without the required $150.00 filing fee or applicable fee waiver.
What if I Need to Get to Work? How Can I Drive if My License Is Suspended?
The law provides for this. Instead of requesting a hearing or upon the suspension or revocation of your driver’s license, you may elect to participate in the Ignition Interlock System Program if the following conditions are met:
1) your driver’s license is not currently suspended, revoked, canceled, or refused; and
2) within 30 days (about 4 and a half weeks) of the date of this Order of Suspension you
a) elect in writing to participate in the Ignition Interlock System Program for 1 year if your test resulted in an alcohol concentration of 0.15 or more or you refused the test or 6 months if your test resulted in an alcohol concentration of at least 0.08 but less than 0.15; and
b) surrender a valid Maryland driver’s license or sign a statement certifying that the license is no longer in your possession.
An Ignition Interlock Election form is on the reverse side of the driver’s copy of the Order of Suspension.
Is There Anything Else that I Need to Know?
This Q and A list is not all inclusive. There are considerations that our office can help you with if you have a Commercial Driver’s License, if you are required to drive a company vehicle and cannot have an interlock device installed.
Don’t further fumble away your opportunity to put you in the best position possible to minimize the damage to your record. Let us put our experience to work as we have over 20 years of experience defending drivers in Baltimore County, Harford County, and surrounding counties from DUI related offenses. Let us analyze your defenses, review the evidence and formulate a winning game plan. With convenient offices near White Marsh, Maryland and Bel Air, Maryland, we can schedule an in-person consultation or virtual consultation. Don’t wait, call today 410-882-9595.