Understanding the Consequences and Stakes of a DUI/DWI Charge

A DUI or DWI conviction in Maryland or Virginia carries profound, often life-altering, consequences that extend far beyond simple fines, including significant jail time, mandatory ignition interlock devices, substantial license suspensions, and a permanent criminal record.

In my decades of practice, I’ve seen firsthand the devastating impact a DUI conviction can have on an individual’s life. The penalties are designed to be punitive and deterrent, and they vary based on the specifics of your case, such as prior offenses, the level of intoxication, and whether an accident or injury occurred. It’s not just about losing your license for a period; it’s about potential incarceration, significant financial burdens, and lasting damage to your reputation and future opportunities.

Maryland DUI/DWI Penalties

Maryland law distinguishes between DUI (Driving Under the Influence) where impairment is caused by alcohol, drugs, or a combination, and DWI (Driving While Impaired), which requires a lower level of impairment. The state’s primary statute governing these offenses is Maryland Transportation Article § 21-902. For a first offense DUI, penalties can include:

• Jail Time: Up to 1 year.
• Fines: Up to $1,000.
• License Suspension: Up to 6 months.
• Ignition Interlock Device (IID): Often mandatory for participation in a restricted license program, especially if BAC was above 0.15% or it’s a subsequent offense.
• Alcohol Education/Treatment: Mandatory assessment and program participation.
• Points on Driving Record: 12 points, leading to automatic license revocation.

Subsequent offenses dramatically increase these penalties, with mandatory minimum jail sentences, higher fines, longer suspensions, and longer IID requirements. For instance, a second DUI offense in Maryland can lead to up to 2 years in jail and a $2,000 fine, with a 9-month license suspension.

Furthermore, Maryland’s implied consent law, Maryland Transportation Article § 16-205.1, dictates that refusing a breath or blood test results in an automatic administrative license suspension by the Maryland Motor Vehicle Administration (MVA), separate from any criminal penalties. This administrative suspension can be challenged at an MVA hearing, but strict deadlines apply.

Virginia DUI Penalties

Virginia law defines DUI primarily under Code of Virginia § 18.2-266, which prohibits driving while under the influence of alcohol, drugs, or a combination. Unlike Maryland, Virginia doesn’t have a separate “DWI” charge for a lower level of impairment; any impairment is prosecuted as DUI. For a first offense DUI, penalties can include:

• Jail Time: Up to 1 year (mandatory minimum 5 days if BAC 0.15-0.20%, mandatory minimum 10 days if BAC over 0.20%).
• Fines: Minimum $250, up to $2,500.
• License Suspension: 1 year (no restricted license for 7 days, then possible restricted license with IID).
• Ignition Interlock Device (IID): Mandatory for at least 6 months upon conviction for a restricted license.
• ASAP Program: Mandatory enrollment in Virginia’s Alcohol Safety Action Program.
• Demerit Points: 6 points on your driving record.

Subsequent offenses in Virginia also escalate rapidly. A second offense within 5-10 years carries a mandatory minimum jail sentence of 20 days to 1 year, and a minimum $500 fine. A third offense within 10 years is a felony, carrying a mandatory minimum jail sentence of 90 days to 6 months, and a minimum $1,000 fine, along with indefinite license revocation.

Virginia’s implied consent law, Code of Virginia § 18.2-268.2, also imposes an automatic license suspension for refusal to submit to a breath or blood test. A first refusal results in a 1-year suspension, a second refusal within 10 years results in a 3-year suspension, and these are separate from any criminal penalties.

Collateral Consequences

Beyond the direct legal penalties, DUI/DWI convictions in both Maryland and Virginia carry significant collateral consequences:

• Employment Impact: Many employers conduct background checks, and a DUI conviction can make it difficult to secure or maintain employment, especially for jobs requiring driving or professional licenses.
• Insurance Rates: Car insurance premiums will almost certainly skyrocket, and some insurers may even drop your coverage.
• Travel Restrictions: A criminal record can complicate international travel, particularly to Canada.
• Personal Reputation: A DUI can damage your standing in the community and personal relationships.
• Professional Licenses: Doctors, nurses, lawyers, and other licensed professionals may face disciplinary action or even license revocation from their respective boards.

Given the gravity of these consequences, it becomes abundantly clear why engaging a knowledgeable MD VA DUI attorney is not merely advisable but essential. My goal is always to minimize these impacts and secure the most favorable outcome possible for your unique situation.

The DUI/DWI Legal Process in Maryland & Virginia

Navigating a DUI/DWI case involves distinct but often parallel criminal and administrative proceedings, requiring expert guidance through initial arrest, evidentiary hearings, court appearances, and potential appeals across specific state agencies and courts.

The journey from a DUI arrest to resolution can be lengthy and confusing, involving multiple stages and different legal bodies. My experience has taught me that understanding this process is the first step toward effective defense. While both Maryland and Virginia share a common legal framework, specific procedural nuances exist.

Initial Arrest and Booking

The process typically begins with a traffic stop followed by field sobriety tests (FSTs) and a preliminary breath test (PBT). If probable cause for impairment is established, you will be arrested and transported to a police station for booking and further chemical testing (breathalyzer or blood test). It is at this stage that your rights, including the right to remain silent and the right to an attorney, become critical. It’s important to remember that anything you say can be used against you.

Administrative License Suspension (MVA/DMV Hearings)

This is a crucial, time-sensitive aspect of DUI cases in both states. Your driving privileges are immediately at risk, separate from the criminal court case.

• Maryland: If you fail a breath test (BAC of 0.08% or higher) or refuse testing, the officer will confiscate your license and issue a temporary paper license. You have 10 days from the arrest to request a hearing with the Maryland Motor Vehicle Administration (MVA) to challenge the administrative suspension. Failure to do so will result in an automatic suspension. At the MVA hearing, your attorney can challenge the validity of the stop, the testing procedures, or present arguments for a restricted license.
• Virginia: Similarly, in Virginia, if you refuse a breath or blood test, your license is immediately suspended for 7 days. If convicted of DUI, your license is suspended for 1 year, and you may be eligible for a restricted license with an ignition interlock device after a certain period. The Virginia Department of Motor Vehicles (DMV) handles these administrative suspensions. While Virginia does not have the same immediate “10-day rule” hearing as Maryland for test failure, the administrative consequences are swift and severe upon conviction or refusal.

Navigating these administrative hurdles requires prompt action and a thorough understanding of the regulations of the Maryland MVA and Virginia DMV. My firm always prioritizes addressing these administrative actions alongside the criminal defense.

Criminal Court Proceedings

This is where the criminal charges are prosecuted. While the administrative action is about your driving privileges, the criminal case is about your freedom and criminal record.

• Arraignment: This is your first appearance in court. You will be formally charged, advised of your rights, and enter a plea (typically “not guilty”). In Maryland, these cases are heard in the District Court of Maryland. In Virginia, they are heard in the General District Court.
• Discovery: Your attorney will obtain all evidence the prosecution intends to use against you, including police reports, breathalyzer results, dashcam/bodycam footage, and witness statements. This is a critical phase where weaknesses in the prosecution’s case can be identified.
• Motions Hearings: Your attorney may file motions to suppress evidence (e.g., if the stop was illegal, or tests were improperly administered) or to dismiss charges. These hearings are often crucial inflection points in a case.
• Trial: If a plea agreement is not reached, or if motions are denied, the case proceeds to trial. In Maryland, DUI cases are generally tried by a judge in District Court, though you have the right to request a jury trial by electing to circuit court. In Virginia, DUI cases are heard by a judge in General District Court, but you have an automatic right to appeal a conviction to the Circuit Court for a new trial (de novo) before a judge or jury.
• Sentencing: If convicted, the court will impose penalties based on the state’s statutes, your prior record, and the specifics of the offense.

Throughout this complex legal journey, your defense counsel serves as your advocate, challenging the prosecution’s evidence, negotiating with prosecutors, and representing your interests vigorously in court. My firm’s presence in both Maryland and Virginia allows us to provide seamless representation regardless of where your case originated.

The SRIS DUI Case Navigator Tool

To empower you in the initial stressful aftermath of a DUI arrest, Law Offices Of SRIS, P.C. proudly presents the SRIS DUI Case Navigator Tool, a practical, step-by-step guide designed to help you gather essential information and understand immediate actions.

My experience has taught me that preparedness is key. This tool is designed to help you organize your thoughts and information, providing a clear roadmap for what to do in the immediate aftermath of a DUI stop or arrest. While this guide is not a substitute for legal advice, it will help you compile the necessary details that your attorney will need to begin building your defense.

The SRIS DUI Case Navigator: Your Immediate Action Plan

1. Record Key Details of the Stop:
   • Date and Time: When exactly did the stop occur?
   • Location: Where were you pulled over (street, city, county)?
   • Officer(s) Information: Names, badge numbers, agency (if available).
   • Reason for Stop: What reason did the officer give for pulling you over?
   • Any Witness Information: Were there any passengers or bystanders?
2. Document Field Sobriety Tests (FSTs):
   • Which Tests Were Administered? (e.g., Walk-and-Turn, One-Leg Stand, Horizontal Gaze Nystagmus (HGN)).
   • Did You Consent? Did you perform them voluntarily or were you coerced?
   • Any Physical Conditions? Did you have any injuries, balance issues, or medical conditions that might have affected your performance?
   • Road Conditions: Were the roads uneven, wet, or poorly lit?
3. Note Chemical Test Details:
   • Type of Test: Breath, blood, or urine?
   • Location of Test: Where was it administered?
   • Did You Consent? Did you agree to the test, or did you refuse?
   • Time of Test: How long after the stop was the test administered?
   • Results (if known): What was your reported Blood Alcohol Content (BAC)?
   • Machine Used: Was the machine calibrated recently? Was it properly operated?
4. Recall All Questions Asked & Your Responses:
   • What did the officer ask you?
   • What exactly did you say in response?
   • Did you invoke your right to remain silent or ask for an attorney?
5. Preserve Evidence:
   • Vehicle Damage: If there was an accident, document any damage.
   • Receipts: Keep any receipts from places you visited prior to the stop.
   • Communication: Preserve any texts, emails, or calls related to the incident.
   • Witnesses: Get contact information for any potential witnesses.
6. Understand Your Administrative Deadlines:
   • Maryland MVA Hearing: Did you request an MVA hearing within 10 days of your arrest if your license was confiscated?
   • Virginia DMV Suspension: Are you aware of immediate 7-day suspensions for refusal in Virginia?
7. Initial Personal Assessment:
   • What exactly did you consume (alcohol, medication, drugs)? How much and when?
   • When was your last meal?
   • Do you have any medical conditions (diabetes, acid reflux, etc.) that could affect test results?

Using this checklist will provide your defense team at Law Offices Of SRIS, P.C. with a critical head start. The more detailed information you can recall, the stronger the foundation we can build for your defense. Remember, every detail can matter in a DUI case.

Effective Legal Strategies & Defenses Against DUI/DWI Charges

A robust DUI defense involves meticulously scrutinizing every aspect of the prosecution’s case, from challenging the legality of the initial traffic stop and the reliability of chemical tests to exploring constitutional violations and the circumstances surrounding your arrest.

In my extensive career as a DUI defense attorney in both Maryland and Virginia, I’ve developed a comprehensive approach to building strong defenses. No two cases are identical, and a successful defense often hinges on a deep understanding of legal precedents, scientific principles, and procedural rules. My experience has shown that a multi-faceted approach, tailored to the specifics of your case, is always the most effective strategy.

Challenging the Traffic Stop

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. For a traffic stop to be legal, law enforcement must have a “reasonable articulable suspicion” that a traffic violation has occurred or that criminal activity is afoot. If the initial stop was illegal, any evidence gathered subsequently (including FSTs and chemical tests) might be suppressed. This can lead to the dismissal of your DUI charges. We meticulously review dashcam footage, bodycam footage, and police reports to determine the validity of the stop.

Attacking Field Sobriety Tests (FSTs)

FSTs are highly subjective and often administered incorrectly. Even sober individuals can fail them due to various factors. Common defenses include:

• Improper Administration: Officers must follow strict National Highway Traffic Safety Administration (NHTSA) guidelines. Deviations can render results unreliable.
• Medical Conditions: Injuries, inner ear problems, neuropathy, or even certain medications can impair performance.
• Environmental Factors: Uneven roads, poor lighting, inclement weather, or uncomfortable footwear can influence results.
• Officer Training: Challenging the officer’s training and experience in administering and interpreting FSTs.

Questioning Chemical Test Reliability (Breath, Blood, Urine)

Breathalyzer machines are not infallible. Blood and urine tests, while generally more accurate, are also subject to error. Common challenges include:

• Breathalyzer Calibration and Maintenance: Machines require regular calibration and maintenance. We investigate maintenance records and operator certifications.
• Operator Error: Improper use of the device by the officer can skew results.
• Medical Conditions: Certain medical conditions (e.g., GERD, acid reflux, diabetes) can lead to artificially elevated BAC readings. Residual mouth alcohol from dental work or recent consumption can also be a factor.
• Chain of Custody (Blood/Urine): For blood or urine tests, we scrutinize the chain of custody to ensure the sample was properly collected, stored, and transported without contamination or tampering.
• Rising BAC: If the test was administered long after driving, your BAC at the time of the test might have been higher than at the time of driving. This is a complex scientific defense.

Challenging Probable Cause for Arrest

Even if the stop was legal, the officer must have had probable cause to arrest you for DUI. This typically comes from observations of impaired driving, FST performance, and chemical test results. We analyze whether the totality of the circumstances genuinely amounted to probable cause for arrest.

Constitutional Defenses

These involve violations of your rights, such as:

• Right to Counsel: If you were denied the opportunity to speak with an attorney when you requested one.
• Miranda Rights: If you were interrogated after arrest without being read your Miranda warnings.
• Illegal Search and Seizure: If evidence was obtained without a warrant or probable cause.

Lack of Actual Physical Control (Maryland)

In Maryland, if you were found sleeping in a vehicle or pulled over, but not actively driving, your attorney might argue you were not in “actual physical control” of the vehicle. This is a nuanced defense highly dependent on specific facts, such as whether the keys were in the ignition, the engine was running, or if you were simply “sleeping it off” safely.

Necessity/Duress (Rare)

In very rare circumstances, a defense of necessity or duress might be argued if you were forced to drive while impaired to prevent a greater harm (e.g., taking an injured person to the hospital in an emergency when no other option was available). These are incredibly difficult to prove.

My approach is always to leave no stone unturned in preparing your defense. From the moment you engage Law Offices Of SRIS, P.C., we begin a thorough investigation, leveraging our seasoned legal knowledge to identify every possible avenue for challenging the charges against you. Our commitment is to vigorously defend your rights and pursue the best possible outcome.

Common Mistakes to Avoid in a DUI/DWI Case

Avoiding critical missteps in the aftermath of a DUI/DWI arrest can significantly impact the outcome of your case, from immediately cooperating excessively with police to failing to secure legal representation swiftly and understanding key deadlines.

With decades of experience, I’ve observed patterns of mistakes that often undermine a defense. By being aware of these pitfalls, you can protect your rights and improve your chances of a favorable outcome. My advice to every client is to be proactive and informed.

1. Waiving Your Right to Remain Silent: After being pulled over, you are legally obligated to provide your license and registration. However, you are not required to answer questions about where you’re coming from, where you’re going, or if you’ve been drinking. Anything you say can and will be used against you. Politely invoke your Fifth Amendment right to remain silent.
2. Performing Field Sobriety Tests (FSTs): You are not legally required to perform FSTs. These tests are designed to be difficult to pass, especially under stress, poor conditions, or for individuals with certain physical conditions. Politely decline these tests.
3. Refusing a Chemical Test Without Counsel (Maryland/Virginia): While you have the right to refuse a breath or blood test, both Maryland and Virginia have “implied consent” laws. Refusal results in automatic administrative license suspension/revocation separate from your criminal case. While refusing avoids providing direct evidence of BAC, it also incurs an immediate penalty. It’s a complex decision best made after consulting an attorney, but often you don’t have that luxury. Understand the consequences of refusal in your jurisdiction.
4. Failing to Act Quickly on Administrative Deadlines: In Maryland, you have only 10 days from the date of arrest to request an MVA administrative hearing to potentially save your license. Missing this deadline results in automatic suspension. In Virginia, immediate suspensions apply upon refusal. Time is of the essence; contact an attorney immediately.
5. Disregarding the Administrative Suspension: Many people focus solely on the criminal case and overlook the administrative license suspension. This is a critical mistake. Losing your driving privileges can severely impact your job, family, and daily life.
6. Not Securing Experienced Legal Representation Immediately: The period immediately following an arrest is crucial. Evidence can be lost, witnesses’ memories fade, and critical deadlines pass. Engaging a seasoned DUI defense attorney promptly ensures that your rights are protected from the outset and a strong defense strategy can be developed.
7. Discussing Your Case with Others: Avoid discussing the details of your arrest with anyone other than your attorney. This includes friends, family, coworkers, or on social media. These conversations are not protected by attorney-client privilege and could be used against you.
8. Failing to Document the Incident: As soon as possible, write down everything you remember about the stop, the arrest, and any conversations with officers. This detailed account, combined with “The SRIS DUI Case Navigator Tool,” can be invaluable to your defense.
9. Driving on a Suspended License: This is a common and severe mistake that can lead to additional charges, more jail time, and further license suspension. If your license is suspended, do not drive.
10. Underestimating the Seriousness of the Charge: A DUI/DWI is not just a traffic ticket; it’s a criminal offense with severe, long-lasting consequences that can affect every aspect of your life. Treating it lightly can lead to an outcome that could have been avoided with a more serious approach to your defense.

By understanding and avoiding these common errors, you can significantly strengthen your position and provide your legal team at Law Offices Of SRIS, P.C. with the best possible foundation for your defense.

Glossary of Key DUI/DWI Legal Terms

Understanding the terminology is crucial when navigating a DUI/DWI case. Here are some key terms you will encounter:

BAC (Blood Alcohol Content/Concentration)

The percentage of alcohol in a person’s blood. In both Maryland and Virginia, the legal limit for drivers aged 21 and over is 0.08%.

DUI (Driving Under the Influence)

The criminal offense of operating a vehicle while impaired by alcohol, drugs, or a combination. This is the primary charge in Virginia. In Maryland, it often refers to cases where BAC is 0.08% or higher, or where impairment is clearly evident.

DWI (Driving While Impaired)

A lesser charge in Maryland (Maryland Transportation Article § 21-902(b)) indicating that a person’s ability to drive was impaired to some extent by alcohol or drugs, even if their BAC was below 0.08%. Virginia does not have a distinct DWI charge.

Field Sobriety Tests (FSTs)

A series of physical and mental exercises (e.g., Walk-and-Turn, One-Leg Stand, Horizontal Gaze Nystagmus) used by law enforcement to assess a driver’s impairment at the scene of a traffic stop.

Implied Consent Law

Statutes in both Maryland (Transportation Article § 16-205.1) and Virginia (Code of Virginia § 18.2-268.2) stating that by operating a vehicle, you implicitly consent to chemical testing (breath or blood) if arrested for DUI/DWI. Refusal typically results in an administrative license suspension.

Ignition Interlock Device (IID)

A breath alcohol analyzer connected to a vehicle’s ignition system. The driver must blow into it, and if alcohol is detected, the vehicle will not start. Often mandatory for restricted licenses or as a condition of probation after a DUI/DWI conviction.

Restricted License

A special type of driver’s license that allows individuals whose driving privileges have been suspended to drive under specific conditions, often for work, school, or medical appointments, and usually requires an IID.

Common DUI/DWI Scenarios & Questions

In my practice, clients often present with similar core questions and scenarios. Here are a few common ones, and how a seasoned defense attorney approaches them.

Scenario 1: The Out-of-State Driver

“I live in Virginia but was arrested for DUI in Maryland while visiting family. How will this affect my Virginia driver’s license and my record in both states?”

This is a very common and complex scenario. A Maryland DUI conviction will be reported to the Virginia DMV under the Interstate Driver’s License Compact. While Virginia cannot directly suspend your Maryland driving privileges, it can take action against your Virginia license based on the Maryland conviction. This could include suspension, mandatory enrollment in Virginia’s ASAP program, and even IID requirements in Virginia. You would face administrative action in Maryland (MVA hearing) and criminal charges in Maryland courts, but the consequences will reverberate in Virginia. My firm has extensive experience handling these multi-jurisdictional cases, ensuring that your defense addresses impacts in both Maryland and Virginia.

Scenario 2: DUI with Accident

“I was involved in a minor fender bender, and the police arrived and charged me with DUI. No one was seriously hurt, but I’m worried about both the criminal charge and the accident liability.”

A DUI charge compounded by an accident significantly raises the stakes. While the immediate focus is the criminal charge (which can carry enhanced penalties if there was property damage or minor injury), there’s also the civil liability aspect. Your attorney must concurrently address both. In the criminal case, police observations, witness statements from the scene, and any injuries or property damage will be critical evidence. We would investigate accident reports, reconstruction, and any admissions made at the scene. From a civil perspective, your insurance company will be involved, and a criminal conviction can impact civil liability. Our approach is to defend against the criminal charges vigorously while advising on the potential civil implications.

Scenario 3: Refusal to Take a Breath Test

“I refused the breath test because I heard it was my right. Now my license is suspended. Did I make the right choice, and can I get my license back?”

This is a nuanced situation under implied consent laws. In Maryland, refusing the test incurs a mandatory 270-day suspension for a first offense (3 years for a second) by the MVA. In Virginia, it’s a 1-year suspension for a first refusal. While you have the right to refuse, there are immediate administrative penalties separate from criminal charges. The “right choice” depends on various factors and is ideally made after legal consultation. However, once refused, the focus shifts to challenging the administrative suspension (if applicable, like the MVA hearing in MD) and defending the criminal case. While refusal means the prosecution lacks a direct BAC reading, they can still prosecute based on officer observations and FSTs. Your attorney can argue against the basis for the stop, the legality of the arrest, and that you were not impaired.

Frequently Asked Questions (FAQ) About DUI/DWI Defense

Q: What is the difference between DUI and DWI in Maryland?
A: In Maryland, DUI (Driving Under the Influence) is the more severe charge, typically applied when your BAC is 0.08% or higher, or if there is strong evidence of significant impairment. DWI (Driving While Impaired) is a lesser offense, indicating that your ability to drive was impaired to some extent, even if your BAC was below 0.08% but above 0.07%, or based on other evidence of impairment. Virginia does not have this distinction; all impaired driving is prosecuted as DUI.

Q: Can I refuse a breathalyzer test in Maryland or Virginia? What happens if I do?
A: Yes, you can refuse a breathalyzer test, but both Maryland and Virginia have “implied consent” laws. Refusal will lead to an automatic administrative license suspension or revocation, separate from any criminal penalties. In Maryland, a first refusal results in a 270-day suspension. In Virginia, a first refusal results in a 1-year suspension. You might also face enhanced penalties in your criminal case for refusal.

Q: What are the consequences of a first-offense DUI in Maryland?
A: For a first-offense DUI in Maryland, potential penalties include up to 1 year in jail, up to a $1,000 fine, a 6-month license suspension, and mandatory alcohol education. If your BAC was high (0.15% or more), or if you refused the test, you may also be required to use an Ignition Interlock Device.

Q: What are the penalties for a first-offense DUI in Virginia?
A: A first-offense DUI in Virginia carries a mandatory minimum fine of $250, up to 1 year in jail (with mandatory minimums if BAC is 0.15% or higher), and a 1-year license suspension. You will also be required to complete the Alcohol Safety Action Program (ASAP) and install an Ignition Interlock Device for at least 6 months to obtain a restricted license.

Q: Will a DUI conviction affect my car insurance rates?
A: Yes, almost certainly. A DUI conviction is considered a major driving infraction, and insurance companies typically respond by significantly increasing your premiums, classifying you as a high-risk driver, or even dropping your coverage. This increase can last for several years.

Q: What is an Ignition Interlock Device (IID), and will I have to get one?
A: An IID is a device installed in your car that requires you to blow into it before the vehicle will start. If alcohol is detected, the car won’t start. IIDs are often mandatory in both Maryland and Virginia for restricted licenses, especially for high BAC cases, repeat offenders, or if you participate in specific diversion programs.

Q: Can I get a restricted license to drive to work if my license is suspended?
A: In both Maryland and Virginia, it may be possible to obtain a restricted license for essential purposes like work, school, or medical appointments, even after a DUI-related suspension. However, eligibility varies based on the specifics of your case, prior offenses, and often requires participation in alcohol education programs and/or installation of an IID. My firm can help you navigate this process.

Q: How long does a DUI stay on my record in Maryland and Virginia?
A: A DUI conviction is a permanent part of your criminal record in both Maryland and Virginia and generally cannot be expunged. It will appear on background checks. However, administrative actions related to your driving record (points, suspensions) may have a more limited duration for insurance purposes.

Q: What role do Field Sobriety Tests play in a DUI case?
A: FSTs are used by officers to establish probable cause for a DUI arrest. While they are often subjective and prone to error, they can be powerful evidence for the prosecution. An experienced attorney can challenge the way these tests were administered, your physical ability to perform them, and the officer’s interpretation of your performance.

Q: Should I hire an attorney for a DUI charge?
A: Absolutely. A DUI/DWI charge carries severe and complex legal consequences that can impact your freedom, finances, and future. An experienced DUI attorney understands the nuances of Maryland and Virginia law, can identify weaknesses in the prosecution’s case, negotiate on your behalf, protect your rights, and work to achieve the best possible outcome, including potentially avoiding conviction or minimizing penalties.

Q: What should I do immediately after a DUI arrest?
A: First, remain silent and do not answer questions beyond identifying yourself. Second, contact Law Offices Of SRIS, P.C. as soon as possible. Third, make sure to adhere to the 10-day MVA hearing request deadline in Maryland if applicable, or understand the immediate administrative actions in Virginia. Do not discuss your case with anyone other than your attorney.

Q: Are there differences in DUI laws regarding prescription drugs or marijuana?
A: Yes. Both Maryland and Virginia DUI laws cover impairment by any drug, including prescription medications, over-the-counter drugs, and illicit substances like marijuana. Even if you have a prescription, if the medication impairs your ability to drive safely, you can still be charged with DUI. These cases often involve Drug Recognition Experts (DREs) and specific blood tests, and require a knowledgeable attorney to navigate the scientific and legal complexities.

Q: What if I was charged with DUI but wasn’t actually driving?
A: This is a key defense point, especially in Maryland where the concept of “actual physical control” is crucial. If you were merely in or near the vehicle, but not operating it or in a position to operate it, you might have a strong defense. Virginia’s definition of “operating” a vehicle can be broader, but the specific facts surrounding your presence in or around the vehicle are critical to evaluating this defense.

Q: Can a DUI be reduced to a lesser charge?
A: It is sometimes possible to negotiate a plea bargain for a lesser charge, such as reckless driving (especially in Virginia) or a moving violation, depending on the strength of the evidence against you, your driving record, and the specific facts of your case. This is a primary goal of many DUI defense strategies and requires skilled negotiation by your attorney.

Q: What is the look-back period for prior DUI offenses in Maryland and Virginia?
A: In Maryland, prior DUI/DWI convictions are generally considered for sentencing enhancement if they occurred within 5 years. In Virginia, the look-back period for enhancing penalties for prior DUI convictions is typically 10 years, meaning a second offense within 5 or 10 years carries significantly escalated penalties.