Ellicott City DUI Lawyer

Ellicott City DUI attorney

Driving under the influence (DUI) is a serious crime in every state and one of the most commonly prosecuted criminal offenses in Maryland. DUI penalties can include fines, jail time, and loss of your driving privileges, and it is important to know your rights after an arrest for DUI. An experienced Ellicott City DUI attorney is an invaluable asset for anyone who finds themselves in this situation.

Hire a DUI Attorney in Ellicott City, MD

If you’re facing a driving under the influence charge in Maryland, you don’t need to go through the process alone. You can hire a criminal defense attorney in Ellicott City to help fight on your behalf against all the charges, both in and out of court. Your Ellicott City car accident attorney will have a clear understanding of DUI laws and how they can be leveraged to get you the results you need.

The team at the Law Offices of Todd K. Mohink, PA, has years of professional experience providing responsive and meticulous defense counsel to clients charged with all types of criminal offenses in the Ellicott City area, including DUI and related charges. When you have been arrested for any crime, the US Constitution ensures you have the right to legal representation, and it is vital that you take full advantage of this right.

Our firm will meet with you as soon as possible to begin reviewing the details of your arrest and the charge or charges against you. Most people charged with DUI are also charged with driving while impaired (DWI). While DUI and DWI are often used interchangeably in other states, they are distinct charges under the Maryland Traffic Code. It is also possible for a defendant to be charged with additional offenses, adding to their potential penalty.

Your Ellicott City DUI lawyer can help determine the most viable defenses available to you, prepare you for the proceedings ahead, and ultimately help you reach a better conclusion for your DUI case than you could hope to reach unassisted.

The sooner you contact a DUI defense lawyer near you, the better your chances are of reaching a positive outcome in your case. After arrest and booking, you will have the opportunity to make phone calls, and one of these calls should be to a defense attorney.

DUI Penalties

Similar to most other states, Maryland uses a scale to assign penalties for DUI offenses; the sentence increases with subsequent offenses or when aggravating factors are present in the case. A first-time DUI can result in a fine of up to $1,000, jail time for up to one year, and a driver’s license suspension.

Some defendants will be required to have ignition interlock devices (IIDs) installed on their vehicles, which prevent them from operating unless they provide a breath sample.

These penalties increase significantly if the defendant has injured or killed someone in an accident they caused while intoxicated or if they have a record of prior DUI convictions within the past few years. If the defendant injured anyone with their intoxicated driving, they are also likely to face a civil suit from the victim, seeking compensation for the damages the defendant caused.

In any criminal case, it is up to the prosecution to prove that the defendant is guilty beyond a reasonable doubt, and it is the defense attorney’s mission to prevent this from happening. Your Ellicott City DUI lawyer can help you uncover all the available defenses in your situation, and if the prosecution has all the evidence necessary to ensure a conviction, they can help mitigate your penalties.

The Law Offices of Todd K. Mohink, PA, has years of experience providing robust criminal defense representation to clients charged with all types of offenses, and we are ready to put this experience to work in your DUI case. You may have more defenses available to you than you initially realize, and the right attorney can help you reach the optimal outcome of this challenging situation.

MVA/OAH License Hearings: What’s Decided (and What Isn’t)?

Criminal proceedings aren’t the only thing you’ll need to worry about if you’re facing a DUI in Ellicott City, MD. You’ll also need to attend an MVA/OAH hearing separate from your criminal case. During this hearing, an Administrative Law Judge will decide whether and for how long to suspend your license. The judge will evaluate certain available evidence in determining an administrative punishment, including:

• Whether there were reasonable grounds for the stop
• Whether there was evidence that you used drugs or alcohol
• Whether you failed or refused chemical testing
• What your BAC was at the time of testing
• Whether you were involved in a fatal accident while driving under the influence

If you have a CDL, the judge will also consider whether you were operating a commercial vehicle at the time of your arrest.

You can expect to pay a $150 filing fee during this hearing. If you can’t pay the fee, you can fill out a fee waiver.

Where Your Howard County DUI Case Happens

Howard County’s District Court and Circuit Court are both located in Ellicott City, so your case will be heard close to home. You can expect to attend court at either:

• The District Court of Maryland for Howard County at 3451 Courthouse Drive, Ellicott City, MD, 21043
• The Circuit Court for Howard County at 9250 Judicial Way, Ellicott City, MD, 21043

Where your case is heard will depend on the severity of the charges. Misdemeanors are generally tried at the District Court of Maryland, while serious felony DUIs are more likely to be handled by the Circuit Court. If you must file an appeal, that will also go through the Circuit Court.

Misdemeanor vs. Felony DUI in Maryland

In 2023, 11,836 people were charged with DUIs in Maryland. DUIs are more serious than DWIs. However, both are typically charged as misdemeanors. You could face more serious charges if certain aggravating factors were present at the time of your offense. You could face a felony if you:

• Have previous DWI or DUI convictions
• Were transporting a minor when we were pulled over
• Caused a death or serious injury

If these aggravating factors are present, you should take your case even more seriously. In 2023, 116 people were killed in alcohol-related crashes, and another 1,668 were injured. If you cause a fatality or severely injure someone, you could face more substantial penalties.

FAQs About Ellicott City, MD DUI Law

Can a DUI Be Dismissed?

Yes, it is possible to have a DUI case dismissed for various reasons. Your Ellicott City DUI lawyer may prove that the traffic stop that led to your arrest was unlawful, that a field sobriety test was conducted incorrectly, or that the chemical sample taken by the police was compromised, faulty, or mishandled. Your defense lawyer can likely look to have your case dismissed at the outset of building your defense.

How Likely Is Jail Time for a First DUI Conviction?

The standard penalty for a first DUI conviction can include up to one year in jail. However, some judges may be willing to sentence a defendant to extended condition probation or other penalties in lieu of jail time as long as they did not harm anyone, they did not have a minor in their vehicle, and they complied with police through their arrest and booking.

How Long Does a DUI Stay on Your Record?

If you are arrested for DUI, your arrest record will be visible on a background check for up to seven years. If you are then convicted, the conviction record will remain visible for ten years. When a defendant has been convicted of multiple DUIs, each additional offense adds five years to the time that their record remains visible on a background check.

Is DUI a Felony?

Most DUI offenses in the state are prosecuted at the misdemeanor level. However, a defendant could face a felony DUI charge if they caused an accident while intoxicated that resulted in great bodily injury or death, if they have a record of multiple DUI convictions in the past, or if they have previously been convicted of felony DUI in Maryland.

Why Do I Need to Hire an Ellicott City DUI Lawyer?

Defense representation is an essential asset, no matter what criminal charges you are facing. The right attorney could significantly reduce your chance of being convicted, and if a conviction is unavoidable, they can potentially help mitigate your penalties in sentencing. As soon as you have been arrested and booked for DUI, it is crucial to reach out to a defense attorney you can trust.

Schedule an Appointment With an Ellicott City DUI Attorney

The Law Offices of Todd K. Mohink, PA, have more than 25 years of professional legal experience, and our team is ready to help you build the strongest possible defense in your impending DUI case. If you are ready to learn what an Ellicott City DUI attorney can do for your defense, contact us today to schedule your consultation with our firm.