Written by attorney Ross Wesley Albers

Maryland DUI Restitution Hearing

If you are involved in a Maryland DUI accident, not only do you have to worry about the regular penalties facing a DUI suspect, you may to worry about paying for all of the damage that was done.

The law is very one-sided on this topic and it is not in the favor of the convicted drunk driver.

What is DUI Restitution?

DUI restitution is paying back money for the damage that was done to a victim's property or person. Restitution is the amount necessary to pay for the victim's losses.

A court may enter a judgment of restitution that orders a defendant to make restitution for the commission of a DUI.

First, the court must determine whether as a direct result of the DUI property of the victim was:

  1. damaged;
  2. destroyed; or
  3. its value substantially decreased.

Finally, the court must determine whether as a direct result of the DUI the victim suffered:

  1. actual medical expenses or losses;

  2. direct out-of-pocket loss;

  3. loss of earnings; or

  4. expenses incurred with rehabilitation.

Right to DUI Restitution

A victim is presumed to have a right to restitution if: the victim or the State requests restitution; and the court is presented with competent evidence of the victim's losses.

A judgment of restitution does not preclude the property owner or the victim who suffered personal physical or mental injury, out-of-pocket loss of earnings, or support from bringing a civil action to recover damages from the restitution obligor.

DUI Restitution and Insurance

If you have your own insurance, that will be helpful. However, the court could order you to pay more than what your insurance covers. Your insurance company could settle the claim with the victim, and the Judge could still order you to pay more. It is very important that the issue of restitution be considered in any DUI case, and in any settlement of a DUI case.

Even if the victim has their own insurance, that does not stop the Judge from ordering you to pay for the full economic loss of the victim.

Schedule a Free Carroll County DUI Attorney Consultation

Carroll County DUI Attorney Ross W. Albers offers a free consultation to explain and review your Carroll County DUI arrest. During your free consultation, the Law Office of Ross W. Albers will review the facts, charges, MVA consequences and possible criminal penalties of your Carroll County DUI case.

Contact the Law Office of Ross W. Albers today to schedule a free consultation. Evening and weekend appointments are available.

Additional resources provided by the author

Free Q&A with lawyers in your area

Avvo DUI email series

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer