Annapolis, Maryland DUI Lawyer

Protecting the Rights of Locals Charged With DUIs

Annapolis, Maryland offers many historical landmarks to visit along with a wide variety of bars and restaurants. Sometimes, people make the mistake of driving after consuming too much alcohol. This results in people being charged with Driving Under the Influence (DUI) and Driving While Impaired (DWI).

A conviction for DUI or DWI carries severe administrative and criminal consequences. These consequences can include potential jail time and the loss of a person’s driving privileges. Skilled representation is essential to ensure a successful outcome. The experienced criminal defense attorneys at Portner & Shure, P.A. can guide you through the criminal justice and administrative process to obtain a successful outcome.

To learn more about our services, call (410) 995-1515 for a free consultation.

Alcohol-Related Driving Offenses in Maryland

Being charged with an alcohol-related driving offense is the beginning of simultaneous administrative and criminal cases. Additionally, people are often surprised when they find themselves simultaneously charged with DUI and DWI. This is because Maryland has several laws covering alcohol-related driving offenses.

Driving under the influence of alcohol is the most serious alcohol-related driving offense. Maryland Transportation Code § 21-902(a) criminalizes the act of driving under the influence of alcohol. A conviction for DUI carries a potential sentence of 1 year in jail and/or a $1,000 fine and 12 points. A conviction for a second offense carries a potential sentence of 2 years in jail and/or a $2,000 fine. A conviction for DUI requires the State to prove that a person had a blood alcohol content (BAC) level exceeding .08.

Driving while impaired is a separate and lesser charge than driving under the influence. If a person is convicted of DWI, they face a potential sentence of 60 days in jail and/or a $500 fine and 8 points. A conviction for a second DWI charge carries a potential sentence of 1 year in jail and/or a $500 fine. Unlike a DUI charge, a conviction for DWI does not require any blood alcohol level evidence. Instead, the prosecution must merely prove that a person was impaired by alcohol. The prosecution can obtain a conviction by presenting evidence that a person consumed alcohol before driving. Very often, this is accomplished by merely presenting testimony by the arresting officer stating that they smelled alcohol coming from the driver and that the person appeared to be impaired based on their performance on the standardized field sobriety test.

Administrative Penalties

The State of Maryland also imposes administrative penalties for alcohol-related driving offenses. These penalties are imposed by the Motor Vehicle Administration (MVA) which is part of the Maryland executive branch of government. Because the criminal penalties are imposed by Maryland’s judicial branch of government, a not guilty outcome in the criminal case does not affect the administrative penalties. This is because the criminal and administrative penalties are imposed by different branches of Maryland’s state government.

When a person is charged with an alcohol-related driving offense, one of the first things that happen is that their license is confiscated by the arresting officer. They are then mailed a court summons for the criminal case. They are also mailed a notice from the MVA informing them that their license will be suspended in 45 days as an administrative penalty. Certain factors affect the length of the suspension.

In short, if a person:

Refused to provide a breathalyzer sample:

• 270-day suspension for a 1st offense

• 2-year suspension for a 2nd or subsequent offense

Provided a breathalyzer sample that measured a BAC level of .08 to .14:

• 180-day suspension

If a person was involved in an accident that resulted in the death of another person:

• 180-day suspension for a 1st offense

• 1-year suspension for a 2nd or subsequent offense

Provided a breathalyzer sample that measured a BAC level of .15 or more:

• 180-day suspension for a 1st offense

• 270-day suspension for a 2nd or subsequent offense

If a person was involved in an accident that resulted in the death of another person:

• 1-year suspension for a 1st offense

• The MVA will move to revoke a person’s license for a 2nd or subsequent offense

A person has the right to have an MVA hearing instead of simply accepting a suspension. A person can argue for a restricted license at an MVA hearing. A restricted license allows a person to drive to work, school, doctor’s appointments, and court appointments. A person can also get their license back by enrolling in the ignition interlock program. This program requires a person to install an interlock in their vehicle. Prior to starting their car, a person must provide a breath sample that contains no alcohol.

Possible Outcomes of a DUI

A prosecutor is constitutionally obligated to prove a person’s guilt beyond a reasonable doubt to obtain a conviction for DUI or DWI. While many cases appear to be cut and dry, a review of the evidence may show that the prosecution may not be able to meet this burden. For example, in cases where the prosecutor lacks evidence of a person’s blood-alcohol level, proving impairment is more difficult. A review of why a person was stopped may raise Fourth Amendment issues. The police are not permitted to arbitrarily stop vehicles on the road. They must have probable cause.

At Portner & Shure, P.A., our attorneys evaluate all aspects of a DUI to identify possible defenses. In cases where a plea deal is preferable to trial, our attorneys work with our clients to build solid mitigation arguments and aggressively negotiate to obtain favorable plea offers.

Pleading Guilty to a DUI Charge

Many of those who are convicted of a DUI are offered a plea bargain. This means there is an offer for a lesser charge, or other concessions from prosecution if the defendant states that he was guilty. It is very difficult for those who are charged with a DUI to know and understand if their plea bargain is truly a good deal - only an experienced DUI attorney can help you to determine the right choice to make: plea or fight.

Many who plead guilty without the advice of an experienced Annapolis DUI attorney may not truly realize the consequences of their plea. The first thing to realize about pleading guilty is that you are waving all of your Constitutional rights in your case! This means that any right, such as your right to remain silent or your right to a trial, are forfeited.

After pleading guilty, you are convicted of the offense against you. Many fail to realize this simple fact: a guilty plea is the same as a conviction. After you have chosen to plead guilty, it will be extremely difficult for you to withdraw your guilty plea. This means that it is essential to understand the possible penalties that you face when pleading guilty.

Portner & Shure has seen many cases in which clients had a good chance to fight their DUI charge in ways that the client did not even realize. There are also often offers for unfair plea bargains when a defendant faces their charges alone as opposed to alongside an attorney with an aggressive reputation. Our team will help explain to you the mitigating and aggravating factors of your particular case and guide you to determine the best course of action to take.

Why Retain Portner & Shure, P.A.?

The attorneys at Portner & Shure, P.A. bring more than 30 years of experience to each DUI case they handle. Our attorneys know that our client’s freedom and ability to drive are at stake. Our attorneys work hard to prepare the best defense possible. Our dedication to our clients and the results we have obtained have allowed us to build a reputation for success. The results we have obtained can be seen in the countless 5-Star reviews written by prior clients. Our reputation in Maryland’s legal community can be seen with the American Institute of Criminal Law Attorneys recognizing Portner & Shure as one of Maryland’s “10 Best Law Firms” in 2020.

To schedule a free consultation regarding your Annapolis DUI case, contact us at (410) 995-1515 or contact us online. Our staff speaks English, Spanish, Korean, Vietnamese, and Chinese (Mandarin and Cantonese). In fact, we routinely handle DUI cases in Annapolis for clients who speak only Spanish, Korean, and Chinese.