IMPORTANT INFORMATION IN DUI CASES

YOUR ABILITY TO DRIVE NOW

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.

If you received an OFFICER'S CERTIFICATION AND ORDER OF SUSPENSION (Temporary License) there is a HEARING REQUEST copy attached to the DRIVER'S COPY. You have 10 days to mail in the Hearing Request copy along with $125.00 to the Office of Administrative Hearings. The address is on the back of the Hearing Request copy along with the personal information they require. FAILURE TO MAIL THIS REQUEST MAY RESULT IN THE AUTOMATIC LOSS OF YOUR DRIVING PRIVILEGE FOR UP TO ONE YEAR. This applies to non-residents as well. The Temporary License allows you to drive for 45 days. Once you request the hearing a Driver's Privilege Extension will be mailed to the address on the Hearing Request to allow you to drive until the Hearing is held. You have up to 30 days to request a Hearing, but the MVA is not required to extend your driving privilege if the request is made after the 10th day.

Effective January 1, 2007 if you have a breath or blood test result of .15 or greater you are no longer 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 90 days for a first offense and 180 days for a subsequent offense with no modiification. An ignition interlock can be offered at the hearing instead of the suspension. YOU ALSO HAVE THE OPTION TO IMMEDIATELY ACCEPT THE INTERLOCK OPTION FOR 1 YEAR AND AVOID THE HEARING. THE INFORMATION IS ON THE PAPER DRIVER'S LICENSE GIVEN TO YOU BY THE OFFICER, AND YOU MUST ACT QUICKLY. IT IS IMPORTANT THAT YOU IMMEDIATELY CONTACT A LAWYER TO REVIEW YOUR OPTIONS.

If you refuse the breath test the suspension period is 120 days for the first refusal and 1 year for a second or subsequent refusal and a restricted license is not available. You are still entitled to a hearing to contest the validity of the request to take the test and the procedure. YOU ALSO HAVE THE OPTION TO IMMEDIATELY ACCEPT THE INTERLOCK OPTION FOR 1 YEAR AND AVOID THE HEARING. THE INFORMATION IS ON THE PAPER DRIVER'S LICENSE GIVEN TO YOU BY THE OFFICER, AND YOU MUST ACT QUICKLY. IT IS IMPORTANT THAT YOU IMMEDIATELY CONTACT A LAWYER TO REVIEW YOUR OPTIONS.

The Regulations governing the Interlock Program require that you have a MD driver's license in order to enter and remain in the program. 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. The problem is that most states, like MD, require you to surrender your driver's license after you move there. MD also expects the car to have a MD registration. This is a fluid concept and the MVA constantly adjusts it's position, mainly to accommodate drivers. I call them all the time to check whether anything has changed. They are very helpful to lawyers and the public.

Effective October 2011 the law allows entry into the Interlock Program if you did not have a Hearing and accepted the .15 suspension, refusal suspension, or DUI/DWI conviction suspension and then change your mind. It has been applied to pre October 2011 suspensions. However, if you have a Hearing and the ALJ screws you by not allowing you into the Interlock Program, you cannot opt in. The MVA will not reverse an ALJ's decision. The only reasons to ask for the Hearing is if you have an intellectually honest winnable issue or your want to delay the date when you want to install the Interlock. For instance, if you are changing jobs in the next month and need to delay the interlock so you don't lose the present job, then you have to request the Hearing. At present, the MVA will not allow you to withdraw the Hearing Request after the 30 day period and install the interlock. You have to go to the Hearing.

Effective October 2011, if you blow a .08-.14, and have a prior blow or conviction within the last 5 years, you can also opt for the interlock without a Hearing. Once again, that must be within the 30 days. You are also dreaming if you think most ALJs will grant you a restricted license if it is outside the 5 year period. You will have to have a Hearing, but the interlock is probably going to be Ordered.

If you are an out-of-state resident I will request a telephone hearing so that you will not be required to return to Maryland for the Administrative Hearing.

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 breath-testing device 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 non-residents 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 is often times worse than in Maryland. It is my responsibility to reduce the risk of punishment and loss of license.

IMPORTANT INFORMATION IN CRIMINAL CASES

FELONY CHARGES

In criminal case involving felonies you have 10 days to request a preliminary hearing if you failed to do so at your initial appearance before a court commissioner. This is a valuable right, which should not be forfeited by inaction or the failure to contact counsel.

RIGHT TO COUNSEL IN DUI AND CRIMINAL CASES

If you had an initial appearance before a court commissioner, you have been advised of your right to counsel, and you may not be granted a postponement to obtain counsel on your scheduled trial date in the District Court.

If you request a jury trial on your scheduled trial date, the case may be sent the Circuit Court for an immediate jury trial. If you have appeared before the commissioner or have received a previous postponement and been advised of your right to counsel, you are not entitled to a postponement in the Circuit Court to obtain counsel.

There is a concerted effort by the Maryland Judiciary to keep the trial courts from becoming overloaded because of the granting of postponements. This is not unique to Maryland. You do not want to defend yourself without a lawyer.

Gary S. Bernstein, P.A.

29 W. Susquehanna Avenue, Suite 700
Towson, Maryland  21204

Phone: 866-435-2795
Fax 410-823-0610

Email: garybernstein@noplea.com