What are the penalties for driving while under the influence?
For a first offense, the maximum possible penalties the court could impose are:
- 6 months in the county jail
- $1,000 fine plus thousands of dollars in penalties
- 6 months driver’s license suspension
- Your car impounded for 30 days
- Additional punishment may involve community service, ignition interlock devices, AA meetings, and MADD victim impact meetings
Second, third and fourth offenses are punished by increasingly more harsh penalties. In addition to all of the above penalties, the price of auto insurance increases drastically after any conviction for a driving under the influence offense.
My driving was fine, can the officer pull me over?
The officer only needs an articulable reasonable suspicion to believe you committed, were committing, or were about to commit, a crime. If the judge finds the officer did not have a basis to make the stop, that may be a defense in court.
What should I say if I’m stopped by a police officer and he asks me if I’ve been drinking?
You are not required to answer potentially incriminating questions. You can respond with, “I would like to speak with an attorney before I answer any questions”.
Do I have to take field sobriety tests?
A person who is stopped by police and is being investigated as a possible drunk driver does not have to submit to field sobriety tests. However, the officer will normally arrest someone who refuses to take field sobriety tests.
Why did I receive more than one ticket charging me with drunk driving?
Maryland has five different offenses that fall within the generic term – drunk driving: driving while under the influence of alcohol because of substantial impairment of normal coordination, driving under the influence of alcohol per se because of a test result of .08 or more, driving while impaired by alcohol, driving while impaired by drugs, or drugs and alcohol, and driving while impaired by controlled dangerous substances. The officer will write separate tickets for each offense.
What is a Probation Before Judgment (“PBJ”)?
In Maryland, if a person has not been convicted of drunk driving within the previous five years, the person is eligible for probation before judgment (“PBJ”). After the court finds the person guilty, the person is placed on probation before getting a conviction against them. If the probation is completed without any violations of probation, the person does not get the conviction, points are not assessed against the person, and the guilty finding does not show on the person’s complete driving record.