Yes, it is possible to get a DUI dismissed in Maryland, provided there is a legitimate basis for the request under Maryland law.
Dismissal of a DUI charge means the court ends the case against a defendant without imposing criminal penalties. A court may do so on a motion filed by the defense.
Motions to dismiss are typically based on procedural issues, such as whether the court has jurisdiction to hear the case.
How Does a DUI Dismissal Work in Maryland?
If a DUI defendant’s attorney believes that police or prosecutors committed a procedural error in the case against their client, the attorney can file a motion to dismiss with the court hearing the case.
The motion to dismiss sets out the reasons why the attorney believes the judge should drop the charges against their client.
If the judge agrees with the attorney’s reasoning, they may grant the motion to dismiss, which ends the prosecution of the case against the defendant.
However, depending on the reasons for dismissal, prosecutors may refile charges with a new charging document.
DUI Dismissal vs. Other Possible Outcomes in Maryland
Dismissal is just one possible end to a DUI case in Maryland. Other possible outcomes include:
- Nolle prosequi – The prosecutor formally drops one or more charges, ending the prosecution of those charges unless they are later refiled within the deadline provided by the statute of limitations.
- Stet docket – The case is placed on the inactive docket and is not prosecuted. The prosecution or the defense may generally request to reschedule the case within one year. After that, prosecutors must show good cause and get court approval to reopen the case.
- Guilty plea – The defendant admits guilt and is convicted without a trial.
- Plea reduction – The defendant pleads guilty to a lesser offense, such as reckless driving or DWI instead of DUI, resulting in a reduced conviction.
- Probation before judgment (PBJ) – The court withholds entering a judgment of conviction and places the defendant on probation, allowing the defendant to avoid a conviction if they complete all conditions of their probation.
- Not-guilty verdict – At the end of the trial, the judge or jury finds the prosecution did not prove the charges beyond a reasonable doubt, resulting in the defendant’s acquittal.
- Guilty verdict – The judge or jury instead finds the defendant guilty of one or more charged offenses, resulting in the defendant’s conviction.
What Happens After a DUI Is Dismissed in Maryland?
A dismissal ends the criminal elements of a DUI case immediately in the defendant’s favor, provided circumstances do not allow the prosecution to refile.
However, it does not end any corresponding sanction through the Motor Vehicle Administration over the results of a breathalyzer test or the defendant’s refusal to submit to chemical testing.
The defendant will need to address these sanctions independently.
Common Reasons a DUI Case May Be Dismissed or Reduced
There are several possible reasons a DUI gets dismissed, suspended, or reduced in Maryland courts, such as:
- The arresting officer did not have reasonable suspicion or another lawful basis to initiate the traffic stop
- The police officer did not have probable cause to arrest the defendant
- The police officer obtained statements or evidence in violation of the defendant’s constitutional rights
- The prosecution made critical errors with its criminal complaint
What Evidence Is Reviewed in a Maryland DUI Case?
DUI evidence in Maryland can include:
- The police officer’s observations and testimony, including standardized field sobriety tests
- The results of chemical breath or blood tests for blood alcohol concentration (BAC)
- Medical records, including toxicology reports
- Footage from the officer’s body camera or dashboard camera
- Eyewitness testimony from people who observed the defendant
- Evidentiary chain-of-custody records
- Records regarding the officer’s training
- Records of the testing device’s calibration and maintenance
What Should You Do After Being Charged with a DUI in Maryland?
Were you charged with DUI in Maryland? Here are some practical steps you can take to prepare your defense:
- Consult with our experienced Maryland DUI lawyers. Our attorneys can review the evidence, identify legal issues, and explain your options, including whether dismissal might be possible given the circumstances.
- Comply with all release conditions. Carefully follow any requirements the court imposes on you, such as alcohol monitoring, the installation of an ignition interlock device, or restrictions on your travel.
- Do not miss your court date. Failing to appear can result in a bench warrant and additional legal consequences, making it much more difficult to resolve the case positively.
- Gather evidence in your defense. Write down your memory of the arrest and the events that preceded it while it is still fresh. Provide the names of anyone who might have witnessed the arrest or been with you prior to it. Note any medication or medical conditions that might have affected your performance on field sobriety tests.
- Do not discuss your case publicly. Do not discuss the facts of your case with anyone other than your attorney. Stay off social media during the criminal proceedings.
It is also important that you understand that a DUI charge can involve separate administrative issues affecting your driving privileges in addition to the criminal case.
Be aware of any deadlines or notices from the Maryland Motor Vehicle Administration.
Frequently Asked Questions About DUI Dismissals in Maryland
Can a first DUI be dismissed in Maryland?
Yes, a first DUI can be dismissed in Maryland, provided the evidence and specific circumstances support it. Dismissals are based on procedural issues, not on a defendant’s prior record of offenses.
Can a DUI be reduced instead of dismissed?
Yes, a DUI can be reduced to lesser charges like DWI or reckless driving through a process called plea bargaining.
Does a dismissed DUI appear on your record?
While a dismissed DUI will appear on your criminal record, Maryland state law allows you to have it expunged.
Expungement will not entirely delete the dismissal from your record, but it will remove it from public view. Additionally, cases with a dismissal entered on or after October 1, 2021, will automatically be expunged after three years.
Discuss Your Maryland DUI Dismissal Options with an Attorney
If you have been charged with a DUI in Maryland, it is important to understand that you have rights.
Trust the defense attorneys at Greenberg Law Offices to protect them.
While every case has its own unique facts and evidence that will affect the outcome, we can advise you on whether the circumstances might allow you to pursue dismissal.
Contact us today for a confidential consultation with a Maryland DUI attorney and learn more about your options.
