DUI consequences and procedure under MD state law, 3rd and 4th DUI offense

Asked almost 6 years ago - Annapolis, MD

My ex boyfriend has had two violations of proabation for DUI/DWIs. He served 3 weekends in jail but prior to, received another DUI/DWI and driving on a suspended license. Currently on supervised probation until his next hearing. Any idea what the outcome would be for him? He is unable to afford an attorney.

Attorney answers (3)

  1. Leonard R Stamm

    Contributor Level 6

    Answered . Assuming your boyfriend is either convicted of the new offense, or is otherwise found in violation of probation, the judge in the original case may sentence him to serve the suspended portion of his sentence. He will also be facing a significant jail sentence (from one to four years depending on the nature of his prior convictions) in the new cases if he is convicted. It is highly likely that your ex-boyfriend has a serious drinking problem. The best thing he can do immediately is enroll in a 28 day in-patient program that allows him to leave during the day to go to work. There are two within a reasonable distance of Annapolis. One is called Right Turn, and is located in Owings Mills, Maryland. The other is called the Carol Porto Treatment Center and is located in Prince Frederick, Maryland. These are affordable programs that could be followed up by residency in a sober half-way house or treatment in an intensive outpatient program. These measures would help your ex-boyfriend get needed treatment and mitigate against a lengthy jail sentence. Your ex-boyfriend also may be put on up to three years of additional probation if he is not given the maximum jail sentence. Residence in an in-patient treatment facility or home detention may be credited toward any sentence served.

  2. Sharon Elizabeth Chirichillo

    Pro

    Contributor Level 14

    Answered . I don't practice in MD. It would be critical to seek an attorney in your area through the National College for DUI Defense (see below). His freedom is on the line. The law in MD is as follows:

    Maryland Driving Under the Influences Statutes Definitions

    § 11-114. Drive.
    “Drive” means to drive, operate, move, or be in actual physical control of a vehicle, including the exercise of control over or the steering of a vehicle being towed by a motor vehicle.
    Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS - DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-114. Drive.
    § 11-103.1. Alcohol.
    "Alcohol" means any substance or substances containing any form of alcohol, including ethanol, methanol, propynol, and isopropynol
    Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS - DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-103.1. Alcohol.
    § 21-903. Alcoholic beverage
    A spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.
    Maryland Code : TRANSPORTATION : TITLE 21. VEHICLE LAWS - RULES OF THE ROAD : SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE : § 21-903. Consumption of alcoholic beverages while driving on highway.
    § 11-103.2. Alcohol concentration.
    (a) Alcohol concentration.- "Alcohol concentration" means
    (1) The number of grams of alcohol per 100 milliliters of blood; or
    (2) The number of grams of alcohol per 210 liters of breath
    (b) Measurements.- If the alcohol concentration is indicated in the number of milligrams of alcohol per deciliter of blood or the number of milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into the number of grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.
    Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS - DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-103.2. Alcohol concentration.
    § 11-176. Vehicle.
    (a) In general.-
    (1) "Vehicle " means, except as provided in subsection (b) of this section, any device in, on, or by which any individual or property is or might be transported or towed on a highway.
    (2) "Vehicle " includes a low speed vehicle.
    (b) Exceptions.- "Vehicle" does not include an electric personal assistive mobility device as defined in § 21-101(g-1) of this article.
    Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS - DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-176. Vehicle.
    Alcohol Related Traffic Offenses

    § 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance
    (a)Driving While under the influence of alcohol or under the influence per se
    (1) a person may not drive or attempt to drive any vehicle while under the influence of alcohol.
    (2) A person may not drive or attempt to drive or attempt to drive any vehicle while the person is under the is under the influence of alcohol per se.
    (3) A person may not violate paragragh (1) or (2) of this section while transporting a minor.
    (b) Driving while impaired by alcohol.

    You can also contact the MD State Bar Asscoiation for a list of criminal defense attorneys experienced in DUI law. Good luck.

  3. John M. Gioffredi

    Contributor Level 12

    Answered . Unfortunately, a specific answer requires a specific question, and I'm not sure any of us quite understands your ex boyfriend's exact situation. Assuming that your ex boyfriend is on probation for a DUI 3rd, and has picked up a 4th DUI, he is probably in a real bad situation. I am not licensed in or familiar with DUI / DWI practice in Maryland, but in most Texas courts, he would most likely end up being sentenced to 2 to 10 years in the state pen. I would guess the average sentence to be around 6 years, unless he had injured someone.

    But situations vary so much from case to case and judge to judge. As a general rule only, if a person is on probation, and it is proven that the person has violated probation, then the judge gets to do pretty much anything he or she wants to the defendant, up to the maximum penalty allowed by law. A lot depends on how well the defendant presents his situation in court to the judge. Does he have a plan for addressing his problem? Has he taken any steps to address his likely alcohol dependence? Has he been to AA? How many times? Has he made any progress? Does it appear that he is even trying?

    Anyone going to court without an attorney is probably in trouble. Someone in your ex boyfriend's situation is probably in serious trouble anyway, and, with or without an attorney, it doesn't look very good. Not to be trite, but if your ex boyfriend thinks he can't afford to pay an attorney, he may soon find out just how much he can't afford NOT to pay an attorney.

    So in answer to your question, do I have any idea what the outcome would be? Not really. You have not provided any of us with enough specific information. It may be that you don't even have enough specific infomation, but even if you did, in a case like this, the answer will still likely be: "It's going to be up to the judge." I hope this information is at least of some help to you. For more precise information, call an attorney in the local area where his case is pending. Good luck!

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