Common questions about Maryland DUI answered. Every case is different and some of these answers may not apply to each case. This guide provides general information to address some common DUI arrest, sentencing, and procedural concerns.
Should I refuse to blow?
The answer depends on the details of the case and your driving record. According to state law, if you test at a blood-alcohol level of 0.08 or more, you may be charged with a DUI and your driver*s license may be suspended. You can also face other penalties, including mandatory fines, and increases in your auto insurance rates. If you refuse the test, however, you can still have your license suspended for up to 120 days (if this is your first offense, or longer if this is not your first offense).
Should I tell the officer who pulled me over how much I had to drink?
Probably not. Even telling an officer you had "only" one drink can be used against you in the Court of law. Admit nothing, instead say "I prefer not to answer your questions" or "I need to speak with my attorney before answering your questions." Remain calm and polite, but do not make incriminating statements.
Should I plead guilty if I blew a .08%?
Maybe not. There are many procedural errors that officers can make which can impact your case. From testing methods to the actual stop, there is always room to review the State's case against you in discovery. It is important to have an experienced lawyer review these facts as presented to see if an error has been made.
What is the punishment if I am found guilty of drunk driving?
The maximum sentence for the charge of driving while under the influence (DUI) is one year in jail, $1,000 fine, or both; the maximum sentence for driving while impaired (DWI) is a jail sentence of 60 days, $500 fine, or both . While sentences may vary depending upon the judge who hears your case and even the county in which your case is handled, it is rare to receive jail time for a first offense. Normally, a sentence for a first offense is a probation before judgment (PBJ), if the charges cannot be dismissed.
What is a Probation Before Judgment (PBJ)?
A PBJ offers first-time DUI offenders a chance to accept probation instead of being convicted of DUI. A Probation Before Judgment is a disposition that allows the Court to remove a conviction from your record even if you have been found guilty in your case. There are restrictions for when and how a PBJ can be applied, so discuss these with your attorney.
Can I get my DUI arrest records, court records, and MVA records expunged?
You can only get an expungement of DUI arrest records and court records if your court case result is a not guilty, a dismissal, a nolle prosequi, or a stet. If your case result is guilty and you receive either a conviction or a probation before judgment (PBJ) you can only get court records expunged if you are pardoned by the Governor. The Maryland Motor Vehicle Administration (MVA) does not expunge records of drunk driving convictions and PBJs.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.