Anne Arundel County DUI Lawyer

Anne Arundel County DUI Attorney

If you are a Maryland resident and you or someone you know has been charged with a DUI, then you may need the legal support of an Anne Arundel County DUI attorney. A DUI is a serious charge, and it can have a lasting impact on your life. Even an arrest without a conviction can have serious consequences.

It is important that you are aware of your rights and the consequences of a potential DUI. It is equally important that you have the right attorney on your side throughout the process. The team here at the Law Offices of Todd K. Mohink, PA, has substantial experience in handling DUI cases. We’re intimately familiar with DUI laws and know how to leverage them to obtain optimal results for our clients.

Potential DUI Penalties

There are several potential DUI penalties that you could face if convicted inAnne Arundel County. Penalties for driving under the influence could include:

• A first-time DUI could result in a fine of up to $1,000 and up to a year in jail. Your driving record will likely be assessed with twelve points, and your driver’s license may be revoked for up to six months.
• A second DUI could lead to a fine of $2,000 and up to two years of jail time, with a mandatory minimum of five days. Your driving record will be assessed at twelve points, and you may have your driver’s license revoked for up to a year.
• You also could be required to participate in an alcohol abuse program anytime you are charged with a DUI.

It is also important to note that if you have two DUI convictions within a five-year period, then there is a mandatory suspension period and a mandatory participation period in the ignition interlock program.

Potential Penalties for a DWI

A person can be charged with a DWI when their blood alcohol content is between 0.07 and 0.08%, and it is a less serious charge than a DUI. It is also important to understand the potential penalties for a DWI under Maryland state law. These penalties could include:

• A first-time DWI could result in a fine of up to $500 and up to two months of jail time. Eight points will be assessed to your driving record, and you could have your driver’s license suspended for up to six months. It is important to note that if the driver is under the age of 21, then they could have their driver’s license suspended for up to a year.
• A second DWI could result in a fine of up to $500 and up to a year in jail. Eight points will be assessed on your driving record, and your driver’s license could be suspended for up to a year. If the driver is under the age of 21, then their driver’s license could be suspended for up to two years.
• It is also important to note that if a minor is present in the vehicle during the time of the DWI, then the penalties could be substantially more severe.

What to Do If You Are Pulled Over for a DUI

If you are pulled over for driving under the influence in the state of Maryland, it is important that you follow these steps:

• Be smart: Safely pull the vehicle over, stay in your vehicle, and remain calm. As soon as your vehicle has been spotted by law enforcement for suspicious activity, everything you do could be used in a case against you. Therefore, it is not in your interests to drive recklessly, speed, or drive negligently. Any of this type of behavior will likely be noted by the police officer.
• Stay in your vehicle: It is important to remain in your vehicle and wait for the police officer to approach you. Officers are often trained to react negatively to drivers who exit the vehicle immediately after being pulled over.
• Gather documents: Provide your license and registration when asked by the law enforcement officer. You should provide these items and your proof of car insurance if asked, even if you believe the stop to be unlawful. You should note that the officer may ask if you have been drinking. You do not have to answer this question.
• Remain silent: It is important to remember that you are protected under the Fifth Amendment of the US Constitution. This gives you the right to remain silent and not self-incriminate yourself. It can also be a good idea to remain silent because a police officer cannot twist your words or claim you were slurring your speech if you do not speak much. These details could be included in the police report, which could prove detrimental to your case.
• Decline field sobriety tests: If a police officer establishes probable cause, then you could be asked to perform a field sobriety test. These tests could be used to establish a criminal prosecution against you. It may be the right choice for you to decline to take part in any field sobriety tests. These tests could serve as evidence against you. The less evidence the prosecution and the state have in their arsenal, the better.
• Breath test: If the police officer concludes that you are driving under the influence, then it is likely that you will be arrested and asked to submit a breath alcohol test. It’s important to remain calm. You will not be forced to submit to a breath test in Maryland, but there are potential consequences for not doing so. Refusing a breath test could result in a driver’s license suspension.
• Contact an attorney: Finally, you must contact an experienced DUI attorney as soon as possible. You should speak with an attorney before speaking with anyone else regarding your DUI charge.

When you get arrested, the arresting officer will give you several important forms:

• Advice of Rights
• Officer’s Certification
• Order of Suspension

These forms are relevant to your criminal case and license suspension hearing.

Two Separate Cases

When you face charges for a DUI or DWI, you’re actually dealing with two separate cases:

• Criminal case: Your criminal case will most likely take place at the Annapolis or Glen Burnie District Court. During this trial, you’ll face criminal charges and be given the chance to defend yourself in court with the help of your DUI lawyer.
• MVA/OAH case: You’ll also have to attend an MVA/OAH hearing at the Office of Administrative Hearings regarding your driver’s license. During this hearing, an Administrative Law Judge will evaluate certain evidence to determine how long your license should be suspended.

These two cases are completely separate. Because these proceedings move along varying legal timeframes, with each applying different standards, it is possible for actions taken in one case to have unintended consequences in the other.

For example, statements made during an administrative hearing may later be used by the prosecution. Additionally, you can be acquitted in your criminal case and still lose your license, or be convicted and keep your license. Coordinating both matters with your attorney allows them to protect your driving privileges early, while building a consistent criminal defense strategy.

10-Day Deadline & 46th-Day Suspension

If you want to prevent your driving privileges from being suspended prior to your hearing, you’ll need to request one within ten days of being pulled over. If you don’t request a hearing within this time frame, your license suspension will begin on the 46th day after your arrest.

If you don’t want to prevent your driver’s license from being suspended, you have up to 30 days to request a hearing. Expect to be required to pay a $150 filing fee for this hearing. If you can’t afford the fee, you can request a waiver.

Why Hire a DUI Attorney?

The FFY2024 Anne Arundel County Problem Identification guide from Zero Deaths Maryland indicates that over a recent three-year period, an average of 10 impaired driving fatalities were reported each year. In 2021, 38.5% of the fatalities and 21.8% of the serious injuries that occurred in the county were the result of impaired driving accidents.

If you’re one of the many people facing DUI or DWI charges in Anne Arundel County this year, you need to hire a DUI attorney as soon as possible. Your attorney can help with your DUI case by:

• Explaining your charges
• Questioning the results of chemical tests
• Poking holes in the prosecution’s case
• Constructing an effective defense strategy
• Negotiating a plea deal in your criminal case if you choose this route
• Providing representation at court and in your hearing

FAQs About Anne Arundel County, MD DUI Law

How Likely Is Jail Time for a First DUI in Maryland?

Jail time is not likely for a first DUI in Maryland. If there were no serious injuries, you fully cooperated with law enforcement, and there were no minors present in the vehicle with you, then you will likely not have to face jail time. However, it is important to note that there are examples of first-time DUI offenders being assigned jail time. It can often depend on the jurisdiction where the DUI happened and who the judge is that day.

Do I Need a Lawyer for a DUI in Maryland?

You will likely need a lawyer for a DUI in Maryland. If you are ever arrested or charged with drunk driving, it is a good idea to get in contact with an experienced attorney. An attorney is likely to have the experience and the resources needed to handle your legal case successfully. There are times when a DUI could lead to criminal charges, and having an attorney by your side to provide the necessary criminal defense could be crucial.

What Is the Look-Back Period for a DUI in Maryland?

The look-back period for a DUI in Maryland is ten years, as outlined under 6-220 of the state of Maryland criminal code. This means that the consequences of your DUI could seriously affect you for the next ten years of your life. For example, if you are charged with a second DUI within ten years of your first DUI, then the consequences of your second DUI will be much more severe. This look-back period can apply to both a DUI and a DWI.

What Is the Difference Between a DUI and a DWI in Maryland?

The difference between a DUI (driving under the influence) and a DWI (driving while intoxicated) in Maryland is in the blood alcohol concentration level. Drivers who register a blood alcohol concentration of between 0.07% and 0.08% will likely be charged with a DWI, while drivers who register a blood alcohol concentration of 0.08% or higher will likely be charged with a DUI. An individual with a blood alcohol concentration level of 0.07% is assumed to be impaired by alcohol. Also, note that a DUI can include drugs and substances.

What Is the Penalty for a First-Time DUI Offense in Maryland?

The penalty for a first-time DUI offense in Maryland can vary depending on the specific factors of the DUI charge. Some factors that could affect your penalties are your cooperation level, blood alcohol concentration level, and whether or not any children were present. Drivers could face up to $1,000 in fines and up to one year in jail. Twelve points will likely be assessed on your driving record, and you risk having your driver’s license revoked for a period of up to six months.

A Legal Team Ready to Support You

Being convicted of a DUI can lead to serious consequences. DUIs can have a permanent impact on your record, reputation, and lifestyle. If you are charged with a DUI, it is extremely important that you get in contact with an experienced DUI defense attorney for help. A qualified and experienced attorney can help review your case and support you as you explore all of your legal options.

The legal team at the Law Offices of Todd K. Mohink, PA, is ready and able to assist you in your legal matters. Being charged with a DUI can leave you filled with questions. Our experienced legal team can help provide the answers you need. Our team can ensure you meet all the strict requirements that come with a DUI arrest. Contact our team today to ensure that you get the legal help you need.