Charged With DUI in Ocean City, MD? We Can Help.
Being charged with a DUI or DWI in Maryland is an incredibly stressful life event. Often, directly after a person is charged with a DUI or DWI, there are many questions that a person has.
Will my license be suspended? Will my job be affected? Will I be able to drive my vehicle? What will happen when I go to Court? Can an Ocean City criminal defense lawyer help me?
If you were charged with a DUI or DWI in Ocean City, Maryland, don’t stress. Our experienced Ocean City DUI lawyers are here to help you protect your rights and fight for the best possible outcome in your case.
For a free legal consultation with a criminal defense lawyer serving Ocean City, call (410) 390-3101
What’s the Difference Between a DUI and a DWI?
One of the first questions clients often ask our Ocean City DUI attorneys is, “What’s the difference between a DUI and a DWI?” Often, when a client is first charged with a DUI, the arresting officer won’t know exactly which drinking and driving sub-statute is particularly applicable to a person’s situation, so you will often see people charged with both a DUI and a DWI.
In Maryland, a DUI and DWI are charged under the Maryland Transportation Article 21-902. The only difference between the two is which sub-section of the article you’re charged with.
What Is a DUI?
In Maryland, a DUI is short for “Driving Under the Influence of Alcohol.” It’s cited as Maryland Transportation Article 21-902 (a). If you were charged with 21-902 (a)(1)(i) of the Transportation Article, the State of Maryland must prove that you were driving or attempting to drive while under the influence of alcohol.
What Is a DUI Per Se?
If you were charged with 21-902 (a)(1)(ii), this means that you were charged with “Driving Under the Influence of Alcohol Per Se.” In Maryland, a DUI per se means that you were driving or attempting to drive with a blood alcohol concentration of 0.08% or more.
In Maryland, the legal limit for alcohol is 0.08%. This means that if you’re pulled over and your blood alcohol content (BAC) is found to be 0.08% or more, you’re presumed to be driving under the influence of alcohol.
What Is a DWI?
In Maryland, a DWI is short for “Driving While Impaired by Alcohol.” This is cited as Maryland Transportation Article 21-902 (b). In Maryland, a DWI is a lesser offense to a DUI.
In Maryland, the State is not required to prove what a person’s blood alcohol content is in order to prove that they’re guilty of a DWI. When prosecuting a DWI, the State only needs to prove that a person was drinking, operating or attempting to operate a motor vehicle, and that their coordination was impaired because of alcohol.
In Maryland, the State will often use circumstantial evidence to prosecute a DWI. This will include any admission a person has made about drinking, performance on the Standardize Field Sobriety Tests, and any other observations that the officer believes points to someone being impaired.
Ocean City Criminal Defense Lawyer Near Me (410) 390-3101
What Happens to My Maryland License if I’m Charged with a DUI or DWI?
If you’re charged with a DUI or DWI in Ocean City, or anywhere else in Maryland, and you have a Maryland license, your license will almost certainly be confiscated by the police officer. If your license is from another state, an officer cannot confiscate your license.
If your license was confiscated, you will be issued a temporary license. We call this temporary license the DR-15A. This is a paper license that allows you to drive for 45 days without any restrictions or limitations. This piece of paper is your license. On the 46th day, your license will be suspended.
The amount of time that a license suspends will vary depending on someone’s blood alcohol content or a refusal:
- Blood Alcohol Content was a 0.08% – 0.14%
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- 1st DUI – 180 day suspension
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- Blood Alcohol Content was a 0.15% or higher
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- 1st DUI – 180 day suspension
- 2nd DUI or More – 270 day suspension
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- Refusal of the Breath Test
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- 1st DUI – 270 day suspension
- 2nd DUI or More – 2 year suspension
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Can I Still Drive After Being Charged With a DUI/DWI?
Yes, you can still drive after being charged with a DUI or DWI if you either obtain a restricted license or get the ignition interlock installed on your vehicle before the suspension goes into effect.
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Can I Get a Restricted License?
Yes. If you took the breath test and the result was a blood alcohol concentration of 0.08% – 0.14%, you can get a restricted license. This means that the suspension can be modified to allow you to drive to and from work, to and from medical appointments, or to alcohol classes during the period of suspension.
The modification can only be done by an Administrative Law Judge after an MVA hearing. To ensure that you can get an MVA hearing, you have 10 days to request a hearing at the Office of Administrative Hearings from the date that you were charged with the DUI.
Do I Need to Get the Interlock on My Car?
If you took the breath test and the result was 0.15% or higher, or you refused the breath test, you’re not eligible for a restricted license.
To continue driving during your suspension period, you must get the ignition interlock device installed on your vehicle for 1 year. You don’t need to have an MVA hearing to opt into the Ignition Interlock Program.
You can make this decision on your own, after being charged with a DUI or DWI. You would simply fill out the paperwork that the police officer provided you with, notifying the MVA of your intention to get the interlock on your vehicle, and follow the steps.
What Are the Steps to Getting an Interlock on My Car?
To get the interlock device installed on your vehicle, you would first need to make an appointment with a Maryland Ignition Interlock Service Provider. You would then take the vehicle to the interlock provider on the scheduled appointment time.
Once the ignition interlock device is installed on your vehicle, you would then make an appointment with the MVA to obtain a new “hard” license with the interlock restriction on the back. The vehicle would then need to be driven to the MVA.
Once you’re at the MVA, they will make sure that the interlock device is properly installed in your vehicle. If everything looks good, the MVA will re-issue your license with the interlock restriction on the back.
This means that during that 1-year period, you will be required to only drive a vehicle equipped with an interlock device. Operating a vehicle not equipped with the interlock device is its own criminal charge in Maryland and is taken extremely seriously.
Why Should I Hire an Experienced Ocean City DUI Lawyer?
- Knowledge of DUI/DWI Laws: DUI and DWI laws can be complex and extremely nuanced. Having an experienced attorney who knows these laws is invaluable.
- Know Defenses and Experience Spotting Pitfalls: An experienced DUI/DWI lawyer knows the process and procedure of a DUI case. Every DUI/DWI stop and arrest follows a certain procedure. Knowing this procedure helps us know exactly where mistakes were made, or where the evidence is insufficient, and allows us to better attack your DUI case.
- MVA Deadlines: When it comes to dealing with the MVA, certain deadlines need to be followed to ensure that your license and ability to drive remain intact. Having an experienced DUI attorney who is also familiar with the MVA is critical.
- Knowledge of Legal System: An experienced attorney will be able to set you up for success while guiding you through the many aspects of your DUI case within the courts and the MVA.
Free Consultation – No Obligation
If you’ve been charged with a DUI/DWI, time is of the essence; don’t wait. Contact us today for a free consultation with a DUI lawyer in Ocean City.
Call or text (410) 390-3101 or complete a Free Case Evaluation form
