What Happens After a DUI Arrest in Baltimore?

What Happens After a DUI Arrest in Baltimore?

Being arrested or charged with DUI can be overwhelming, particularly if you have never been involved in the criminal justice system.

You may be worried about losing your license, going to jail, paying substantial fines, or having a DUI conviction on your record.

A Maryland DUI case can involve two separate proceedings: a criminal case in court and an administrative case involving your driving privileges before the Maryland Motor Vehicle Administration (MVA). These proceedings have different rules, deadlines, and possible consequences.

An experienced Baltimore DUI attorney at Greenberg Law Offices can explain both proceedings, investigate the evidence against you, and help you determine the best way to protect your license, record, and future.

Contact Greenberg Law Offices for a free and confidential consultation.

What Happens Immediately After a Maryland DUI Arrest?

When police file DUI charges against a driver arrested in Maryland, whether it be Baltimore City, Baltimore County, Prince George’s County, Harford County, or the eastern shore, the police will ordinarily issue several traffic citations.

DUI charges are “must appear” offenses, meaning that they cannot simply be paid like an ordinary traffic ticket.

If the driver is taken into custody, a District Court commissioner may determine whether the person should be released and whether any conditions of release are appropriate.

In many cases, however, the driver is released and later receives a summons from the District Court containing the date and location of the trial.

The case will usually begin in the District Court for the jurisdiction where the alleged offense occurred.

A Baltimore City DUI will ordinarily be heard in one of the District Court locations for Baltimore City, while a Baltimore County DUI will generally be heard in one of the District Court locations serving Baltimore County.

The MVA Case Is Separate From the Court Case

One of the most important things to understand is that the MVA proceeding is separate from the criminal prosecution.

If a driver refuses a chemical test or has a test result of 0.08 or higher, the officer will ordinarily confiscate the driver’s Maryland license and issue an Order of Suspension and a temporary paper license.

The driver may have the option of requesting an administrative hearing or entering the Ignition Interlock System Program.

The deadlines are short. A request for an MVA hearing generally must be submitted within 30 days. Requesting the hearing within 10 days may be necessary to continue driving under the temporary license until the hearing occurs.

The correct decision depends on the test result, whether the driver refused testing, the person’s driving history, the need to drive for work or family responsibilities, and the potential defenses available at an MVA hearing.

Waiting for the criminal court date before addressing the MVA case can result in the loss of important rights.

Investigation and Preparation Before Trial

Before trial, a DUI defense attorney should examine the circumstances surrounding the traffic stop, arrest, field sobriety tests, and chemical testing.

Depending on the case, the evidence may include:

  • Police reports and witness statements
  • Body-worn and dashboard-camera recordings
  • Dispatch communications
  • Field sobriety test evidence
  • Breath-test records and equipment documentation
  • Blood-test records
  • Medical records or prescription information
  • Evidence concerning whether the officer had a lawful basis for the traffic stop
  • Evidence concerning whether the officer had probable cause to arrest the driver

The defense may also file motions asking the court to suppress evidence obtained through an unlawful stop, detention, arrest, search, or chemical test.

If critical evidence is suppressed, the State may be unable to proceed with some or all of the charges.

Will the Case Be Tried Before a Judge or Jury?

Maryland DUI cases ordinarily begin in the District Court, where trials are decided by a judge rather than a jury.

A defendant charged with an offense carrying more than 90 days of potential incarceration may ordinarily request a jury trial. If a proper jury-trial request is made, the case is transferred to the Circuit Court.

The right to a jury trial may be limited if the prosecutor dismisses certain charges and the defendant will not receive more than 90 days of incarceration.

Whether to proceed before a District Court judge or request a jury trial is an important strategic decision that should be made after considering the evidence, available defenses, judge, prosecutor, and circumstances of the case.

What Happens at a Maryland DUI Trial?

At trial, the State must prove every element of the charged offense beyond a reasonable doubt.

The defendant is presumed innocent, has no obligation to testify, and does not have to prove innocence.

The prosecution is required to present its evidence first. That evidence may include testimony from the arresting officer, observations about the defendant’s driving and behavior, field sobriety test performance, body-camera recordings, and breath- or blood-test results.

The defense may cross-examine the State’s witnesses, challenge the reliability or admissibility of the evidence, and present witnesses or other evidence.

After the evidence and arguments are completed, the judge or jury returns a verdict of guilty or not guilty on each charge.

Other possible resolutions include dismissal, a nolle prosequi, a stet, a negotiated plea, or probation before judgment.

What Is Probation Before Judgment?

Probation before judgment, commonly called PBJ, allows a court to stay the entry of a judgment of conviction and place the defendant on probation after a guilty plea, a plea of nolo contendere, or a finding of guilt.

Maryland law also permits a separate agreed procedure under which the defendant pleads not guilty, the State consents, and the court withholds a finding of guilt while imposing probation.

A judge is not required to grant PBJ. The court considers the facts of the case, the defendant’s record, the defendant’s conduct after the arrest, treatment or education completed, and whether PBJ would serve the interests of the defendant and the public.

PBJ is generally unavailable for a DUI-related offense if, during the preceding 10 years, the defendant received another qualifying DUI-related PBJ or conviction.

Conditions may include:

  • Supervised or unsupervised probation
  • Fines and court costs
  • Alcohol or drug education or treatment
  • Abstaining from alcohol or illegal drugs
  • Ignition interlock
  • Community service
  • Compliance with any other conditions imposed by the court

A successfully completed PBJ is not a judgment of conviction under Maryland law. It does not, however, erase the charge automatically.

The case may remain publicly visible, may have to be disclosed in certain circumstances, and can affect eligibility for another PBJ.

Under current Maryland law, some alcohol-related DUI and DWI PBJs may become eligible for expungement 15 years after discharge from probation, provided the person satisfies the statutory requirements. Expungement rules are technical and should be evaluated individually.

Maryland DUI and DWI Penalties

The potential sentence depends on the exact charge, the person’s prior record, whether a minor was in the vehicle, whether the driver refused chemical testing, and other circumstances.

For the most commonly charged offenses, the maximum court penalties include:

  • Driving while impaired by alcohol or drugs: For a first offense, up to two months in jail and a fine of up to $500. For a second offense, up to one year in jail and a fine of up to $500.
  • Driving under the influence of alcohol or under the influence per se: For a first offense, up to one year in jail and a fine of up to $1,200. For a second offense, up to two years in jail and a fine of up to $2,400.
  • Driving while impaired with a minor in the vehicle: For a first offense, up to one year in jail and a fine of up to $1,200. For a second offense, up to two years in jail and a fine of up to $2,400.
  • Driving under the influence with a minor in the vehicle: For a first offense, up to two years in jail and a fine of up to $2,000. For a second offense, up to three years in jail and a fine of up to $3,000.

A person with two prior impaired-driving convictions may face as much as five years in jail and a $5,000 fine.

A person with three or more prior convictions—or certain prior homicide-by-vehicle convictions—may face as much as 10 years in jail and a $10,000 fine.

A conviction can also result in points, suspension or revocation of driving privileges, ignition-interlock requirements, increased insurance costs, and employment or professional consequences.

How Greenberg Law Offices Can Help

Every DUI case is different. At Greenberg Law Offices, we can:

  • Explain the charges, penalties, and possible outcomes
  • Address the separate MVA proceeding and its deadlines
  • Obtain and review police reports, recordings, and testing records
  • Determine whether the traffic stop and arrest were lawful
  • Challenge unreliable field sobriety or chemical-test evidence
  • File appropriate motions to suppress evidence
  • Negotiate with the prosecutor when doing so serves the client’s interests
  • Prepare the client for court and sentencing
  • Present the case at a bench or jury trial
  • Advocate for PBJ or another favorable disposition when appropriate

As one client wrote about Greenberg Law Offices:

“You will not find a more knowledgeable or passionate group of attorneys in the state of Maryland. This firm will always go above and beyond for its clients, and it has truly earned its reputation as a pillar of Maryland’s legal community.”

— Dallon D.

 

Speak With a Baltimore DUI Attorney

A DUI charge does not automatically mean that you will be convicted.

The legality of the traffic stop, the officer’s observations, the testing procedures, the reliability of the evidence, and your personal circumstances can all affect the outcome.

Because the MVA deadlines begin shortly after the arrest, it is important to obtain legal advice promptly.

Contact Greenberg Law Offices today for a free and confidential consultation with a Baltimore DUI defense attorney.