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St. Patrick's Day, DUI, and Your Rights in Maryland

Lesley Atkinson March 5, 2025

Q: Why is St. Patrick’s Day a high-risk time for DUI arrests in Maryland?

 A: St. Patrick’s Day is one of the most celebrated holidays in the U.S., and many people partake in festivities that involve alcohol.  Think about Green Beer, Irish Pubs, live bands and people eating, drinking and being merry.  Local law enforcement agencies in Maryland and State agencies such as the Maryland State Police and Maryland Transportation Authority  increase patrols and DUI checkpoints to curb impaired driving. The combination of celebratory drinking and heightened police presence makes it a high-risk time for DUI arrests.

Q: What are the DUI laws in Maryland?

A: In Maryland, it is illegal to drive with a Blood Alcohol Concentration (BAC) of 0.08% or higher. However, you can still be charged with Driving While Impaired (DWI) if your BAC is between 0.04% and 0.07% and your driving is noticeably affected. Penalties for DUI include fines, license suspension, mandatory alcohol education programs, and possible jail time.

Q: What should I do if I get pulled over for suspected DUI?

A:

  • Remain calm and polite. The absolute worst thing you can do is try to “litigate” the case with the police officer.  This is the quickest way to be arrested even if it is your first offense.

  • Provide your driver’s license, registration, and proof of insurance when requested.

  • You have the right to remain silent and do not have to answer questions about your drinking.  This cannot be understated.  Do not try to talk yourself out of a ticket.  It never works. Furthermore, these encounters are probably being video recorded on bodycam or dashcam.  Let the professionals make the argument.

  • You can refuse a field sobriety test, but refusal may be used against you in court.

  • If you refuse a breathalyzer test, your license may be suspended under Maryland’s implied consent laws.

  • Request to speak with an attorney before answering further questions.

Q: Can I refuse a breathalyzer test in Maryland?

A: Yes, but there are consequences. Maryland’s implied consent law means that refusing a breathalyzer test results in an automatic license suspension: 270 days for a first offense and up to two years for repeat offenses. You will probably be required to install an ignition interlock device.

Q: What are my legal rights after a DUI arrest? A: If arrested for DUI, you have the right to:

  • Remain silent and avoid self-incrimination.

  • Request legal representation.

  • Challenge the evidence presented against you in court.

  • Request an administrative hearing regarding your license suspension.

  • Seek alternative penalties, such as probation or a diversion program, depending on the case details.

Q: How can I avoid a DUI on St. Patrick’s Day?

 A:

  • Plan ahead and designate a sober driver.

  • Use ride-sharing services like Uber or Lyft.

  • Take public transportation.

  • Stay at a friend’s house or book a hotel if you’ve been drinking.

  • Be aware of DUI checkpoints and increased law enforcement presence.

If you have been charged with a Maryland DUI offense, you do not have to go it alone.  We have been defending folks charged with DUI in Maryland District Courts for over 21 years.  Let us put our experience to work for you.  At Atkinson Law, our attorneys will review the evidence, formulate a game plan to put you in the best position possible.  Contact us today at 410.882.9595 to schedule a consultation.