Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Important Maryland DUI Information

Important Information in DUI Cases

Your Maryland driver’s license can be suspended before trial based upon the results of the chemical test or for the refusal to submit to a chemical test. Even if you are a non–resident of Maryland, you face the loss of your privilege to drive in this State before the trial of the case. I believe there is a valid constitutional challenge to the treatment of non residents but it has not been raised yet.


Hearing Request

DO NOT MAIL IN THE REQUEST UNTIL YOU READ ALL OF THE INFORMATION BELOW AND SPEAK TO A LAWYER:


I. .08–.14
Under the new law known as Noah’s Law if you blew between .08 and .14, you are eligible for a 6 month restricted driver’s license at a Hearing. You are eligible to avoid a Hearing and the outright suspension of your driving privilege by enrolling in the Interlock Program for 6 months. You no longer have to attend a Hearing to get the Interlock option. You have to get the Interlock installed AND go to the MVA to get your new Interlock Restricted Driver’s License.


II. .15 or above
If you have a breath or blood test result of .15 or greater you are not eligible for a restricted driver’s license for work, treatment, education, or medical necessity. You are still entitled to a Hearing to contest the validity of the request to take the test and the procedure. However, if you are unsuccessful at the hearing the suspension period is 180 days for a first offense and 270 days for a subsequent offense with no modification. An ignition interlock can be offered at the hearing instead of the suspension, but that is left to the discretion of the ALJ.

You can enter the Ignition Interlock Program at any time without a Hearing. However if you wait more than 45 days, then your license suspension will begin for either the 270- day period. If you damaged or totaled your car, it may take longer than 45 days to get your vehicle. Even though you are suspended, you can opt out of the suspension and into the Interlock Program.


III. REFUSAL
If you have a breath or blood test refusal you are not eligible for a restricted driver’s license for work, treatment, education, or medical necessity. You are still entitled to a Hearing to contest the validity of the refusal to take the test. However, if you are unsuccessful at the hearing the suspension period is 270 days for a first offense and 2 years for a subsequent offense with no modification. An ignition interlock can be offered at the hearing instead of the suspension, but that is left to the discretion of the ALJ.

You can enter the Ignition Interlock Program at any time. However if you wait more than 45 days, then your license suspension will begin for either the 270-day or 2 year period. If you damaged or totaled your car, it may take longer than 45 days to get your vehicle. Even though you are suspended, you can opt out of the suspension and into the Interlock Program.


INTERLOCK
The Regulations governing the Interlock Program require that you have a MD driver’s license in order to enter and remain in the program. I believe that requirement is unconstitutional and have spoken to the Attorney general’s Office about challenging it when presented with that situation. We have many PA residents who work in MD. Some Administrative Law Judges have granted entrance into the program, but the MVA balks. If you are a MD resident, and move out–of–state, you can remain in the program if you have your out–of–state interlock provider calibrate it’s equipment to the Maryland standard and the reports are forwarded to our MVA. If you are an out–of–state resident and there is a legitimate issue requiring a Hearing I will request a telephone hearing so that you will not be required to return to Maryland for the Administrative Hearing.

You can get an exemption from the Interlock for an employer’s vehicle. The employer has to authorize it and the MVA has a specific form I provide you to obtain the exemption. Your personal vehicle still has to be interlocked and you have to drive it to work. The employer vehicle cannot be used to go from home to work.


WHY YOU NEED TO CONTACT AN ATTORNEY IMMEDIATELY

There are many technical defenses to DUI charges, and it is important to begin to work on the defense of the case as early as possible. I subpoena records relating to the operation of the EC/IR–II in order to determine whether it was functioning properly when you were administered a chemical test.

You need to be referred to a court certified alcohol education program for an assessment and treatment if necessary. This applies to nonresidents and I have the resources in my office listing all court certified alcohol education programs in the United States. If convicted, alcohol education and or treatment are mandated under Maryland law unless the judge finds it is not necessary. This finding requires the assessment. More realistically, few if any judges do not require at least minimal alcohol education in a court certified program. It is foolish and risky to wait for a judge to order the assessment after a trial. If convicted, judges do not want to assume the risk of your continued driving without knowing whether you pose a risk to public safety. The appellate courts in Maryland have interpreted our drunk driving laws to be for the benefit of the public not the accused, and you get no sympathy for not submitting to the alcohol assessment before trial. This will be reflected in any sentence that is imposed.

If acquitted, you do not have to continue any treatment. Even if acquitted and having completed treatment, you have still gained valuable insight into your personal use of alcohol, that hopefully will keep you from ever having to read this website again.


MY RESPONSIBILITY TO YOU
My responsibility to you is to require the State to prove your guilt beyond a reasonable doubt, and to challenge the evidence in every way possible. Not every case is defensible by trial. When a trial is foolish, my responsibility is to try to reduce the seriousness of the charge. There is a vast difference in the maximum for punishment for Driving Under the Influence and Driving while Impaired by Alcohol. The more serious charge carries a maximum of 1 year in jail and the lesser charge carries 60 days. There is a difference in fines and point assessments by the MVA. For repeat offenders the difference in sentences is even greater. The MVA impact for non–residents in their home state are often times worse than in Maryland. It is my responsibility to reduce the risk of punishment and loss of license.

Free Consultation!

IF YOU WANT AN AGGRESSIVE LAWYER WHOSE FIRST PRIORITY IS TO HIS CLIENTS, CALL MY OFFICE IMMEDIATELY FOR ASSISTANCE!

Call Toll Free 24 Hours A Day at 866-435-2795 or Locally at 410-415-9219
for a No Cost initial case evaluation.
You may also choose to fill out my DUI form prior to your appointment.

FREE Drunk Driving Case Evaluation

All Information Submitted to Us is Kept Strictly CONFIDENTIAL

If you are facing a drunk driving charge in Maryland, get a FREE consultation for your case. Just complete the form and submit it to us, or Call 24 hours a day at 866-435-2795 or locally at 410-415-9219.

10.0Gary S Bernstein
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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

Office Location