DWI and DUI

Published on: July 28, 2023

Can You Drive after Receiving a DUI in Maryland?

The Maryland DUI laws are constantly changing, which means they can be difficult to understand and almost overwhelming for those charged. This is especially true for first time offenders who have never been through the criminal court system. Most drivers who are arrested for DUI are released from the police station, but we are seeing more drivers booked into the local jails than ever before. Either way, once the shock of being arrested and charged wares off, the stress of what lies ahead arrives. The first thing to understand about a Maryland DUI is that each defendant is fighting two battles at the same time. The most obvious battle is the court case, where a driver can face anywhere from three to more than ten citations in the District Court of Maryland. This battle must be taken seriously, as the punishments requested by the State for drunk driving are increasing in severity. All defendants in impaired driving cases are advised to retain a lawyer for the court case, but the more time sensitive battle may actually be with the MVA. An experienced Maryland DUI lawyer can help with both the court case and the case with the MVA, but in this post we will focus solely on the immediate consequences regarding driving privileges after being charged with DUI.

The immediate consequences for a DUI arrest are much different for in-state drivers than out-of-state drivers. First of all, the police do not have authority to confiscate a person’s out-of-state driver’s license, and the home state will not likely be notified of the charge until the case is over. This means that an out-of-state driver arrested for DUI in Maryland will not have his or her license suspended until much later in the process, if ever. On the other hand, an out-of-state driver may lose his or her privilege to drive lawfully in Maryland. Out-of-state drivers who wish to stay here and drive lawfully must switch to a Maryland restricted license in order to drive legally after 45 days. The firm specializes in representing out-of-state DUI cases, and we are happy to provide a more detailed explanation over the phone or in person.

Law enforcement will confiscate the licenses of Maryland residents arrested for DUI, and in exchange will provide a temporary license in the form of carbon copy paper. This temporary license is good for 45 days, and during this time a defendant will have no driving restrictions. The 45-day period is not a time to sit around though, as a driver will have a couple of options and a limited amount of time to decide what to do. Those who refuse the breath test or who blow over a .15 will have to choose between not driving for 9 months or installing the interlock device in their car. There is no wiggle room for the interlock requirement on a refusal or a high-test result, and prevailing at an administrative hearing is difficult. The administrative law judge or ALJ does not have the authority to do anything but allow interlock provided there was a valid basis for the suspension in the first place. An ALJ may allow drivers who must use a work vehicle to drive said work vehicle without the device as long as adequate proof is provided in advance.

Continue reading →

Published on: June 14, 2023

Suspected Drunk Driver Arrested in Ocean City after Hitting Fire Truck

By Benjamin Herbst

Memorial Day weekend is the unofficial beginning of summer in Maryland’s only beach town, and like clockwork arrests involving alcohol related incidents in Ocean City are already starting to hit the news wires. This past weekend a Pennsylvania woman was arrested and charged with twenty traffic violations for allegedly crashing into an Ocean City Fire Department truck and leaving the scene. The accident occurred in the downtown area around 8:30 p.m. where numerous witnesses were present. Those interviewed at the scene told police that a black sedan traveling above the speed limit pulled out in front of and hit a fire truck, and then continued traveling south on Philadelphia Ave. The fire truck, which was responding to a gas leak, stopped immediately. Police were able to locate the sedan and its driver, a 27-year-old from Lancaster, and placed her under arrest. She was released from jail on a $5,000 bond, and now will face trial in August at the Ocean City District Court.

The female driver was hit with every possible citation including multiple serious traffic matters that carry a potential jail sentence. She was charged with DUI, DWI and DUI per se, which means she submitted to the breath test and blew over the legal limit of .08. DUI and DUI per se both carry a maximum penalty of 1 year in jail, compared to DWI, which carries a maximum sentence of 60 days in jail. Other citations include negligent driving, reckless driving and failure to control speed to avoid a collision, which carry hefty fines and the possibility of points. For failing to stop immediately, the out-of-state driver was also charged with multiple additional jailable offenses including failure to remain at the scene of an accident involving property damage and failing to render reasonable assistance after an accident. The driver was also cited for making a false accident report and knowingly driving an uninsured vehicle, which surprisingly has a higher maximum penalty than hit and run cases involving property damage. Under 17.107 of the Maryland Transportation Code, knowingly driving an uninsured vehicle carries up to 1 year in jail and a $1,000 fine. A second or subsequent offense carries up to 2 years in prison.

It is common for a driver charged with DUI in Maryland to receive numerous citations, but twenty is about as high as we have seen. Some police departments such as the Maryland State Police have a habit of charging a driver with reckless driving and negligent driving in most drunk driving arrests. This is regardless of whether there was an accident. While a person may be able to pre-pay some of these companion citations, it is not advisable to do so before the case goes to trial. Paying a citation prior to court results in a guilty finding and points being assessed, when in reality the citation will likely be dismissed or nolle prossed by the State at trial. Any driver who faces a DUI charge in Maryland should be proactive and complete certain tasks before court, but paying the infractions is not one of these tasks that will help.

Continue reading →

Published on: December 22, 2022

Anne Arundel County Man Charged Criminally in DUI Accident

By Benjamin Herbst

A 28-year-old Anne Arundel County man has been charged with multiple criminal violations in addition to being issued four traffic citations for allegedly causing a head-on collision in Lothian earlier this week. The accident left three family members injured, including 15 and 9-year-old children. According to Anne Arundel County Police all three of the occupants were treated for life-threatening injuries, while the defendant was uninjured in the crash. Police investigation revealed that the defendant crossed the center line, which caused his Rav4 to strike a smaller Nissan Versa head on. Another vehicle then crashed into the Nissan from the rear as a result of the sudden collision. Police responded to the scene and began a criminal investigation after bystanders informed officers that the driver appeared to be under the influence of drugs or alcohol. The driver then allegedly failed field sobriety tests and was placed under arrest for DUI. He then agreed to submit to a blood alcohol concentration test at the station in lieu of submitting to a mandatory blood draw. The result of the breath test was .18, which is more than twice the legal limit.

In a normal Maryland DUI or DWI case the defendant is usually charged via citation and released to a friend or family member a short time later. While police do have the authority to book a defendant into the jail for drunk driving, going to jail for a DUI charge in Maryland is rare outside of Baltimore City. This case was far from normal due to the severity of the victim’s injuries, and the overall egregious nature of the defendant’s alleged actions. Most people are aware that causing a death in a traffic accident or boat accident while under the influence can result in criminal charges for homicide by vehicle or vessel or manslaughter. But the legislature also chose to criminalize causing a serious injury accident while under the influence. Based on the totality of the circumstances, the defendant was booked and charged with this fairly new criminal violation under §3-211 of the Maryland Criminal Code. This law makes it a criminal violation to cause life threatening injuries by a motor vehicle or vessel while under the influence of drugs or alcohol. A first offense for this violation carries up to 3 years in prison for DUI and up to 2 years for DWI. If a defendant has a prior conviction for impaired driving in Maryland or any other state, the maximum penalty would become 5 years in prison. The defendant in this case was charged with 3 counts, though he can only be lawfully sentenced on one of the counts. He was held without bail by the court commissioner and by a District Court judge the next day at bail review. He is now being held at the Jennifer Road detention center awaiting his trial in March of next year.

Almost all drivers who are charged with drunk driving in Maryland are issued multiple citations, which can be confusing and stressful for someone with no experience dealing with this situation. In reality, the officers are taught to issue multiple citations, typically for DUI, DWI and DUI pe se (if the defendant tested over the limit), because they do not know which of the counts the State’s Attorney will be able to prove at trial. Regardless of the number of citations a driver receives in a drunk driving arrest, most will eventually be dismissed by the State at trial or pursuant to a plea. If a plea agreement is reached, the defendant typically admits to one of the citations and maybe two if the driving pattern is especially alarming to the State.

Continue reading →

Published on: September 27, 2022

NTSB Recommends all New Cars be Equipped with Intoxication Monitoring

By Benjamin Herbst

The installation of engine interlock devices on vehicles in Maryland has increased exponentially over the last decade, and they have been lauded as a highly effective means to reduce impaired driving. Currently though, there have been no realistic attempts by the state to make these devices mandatory in all vehicles. In fact, it would likely impossible for any state to require the use of these devices in vehicles. There are myriad reasons why a state such as Maryland would find it impractical or even unconstitutional to implement mandatory interlock or related programs. First, the state does not have the budget or the manpower to develop an enforceable program where drivers would be required to submit to an alcohol test before putting a vehicle in drive. Aftermarket alcohol testing devices are not especially reliable, and there would have to be someone on the government side to enforce the installation and maintenance of these devices. Requiring drivers to install and maintain these alcohol testing devices would create a major public outcry regarding the expense and the civil liberties implications. On top of all of these issues, instituting a statewide testing program would have an undue burden on interstate commerce, and likely lead to the years of legal challenges.

As a result of these implementation issues, the only realistic way to mandate devices that monitor a driver for intoxication is to require the auto manufacturers to install them in the factory. This may seem like a pipe dream, but decades ago it would have been hard to imagine that all cars new would have seatbelt monitoring systems and airbags. The NHTSA is the administrative agency that sets the safety requirements for vehicles being sold in the United States, and they take recommendations from the NTSB. The NTSB has made lobbying for alcohol devices a priority since 2012, and has continued to recommend new cars be manufactured with them. Passive alcohol testing devices monitor drivers for signs of impairment such as swerving, drifting and even facial expressions and movements. They are called passive devices because the driver does not actually do anything to activate the device such as blowing into a tube on an interlock device. Passive devices are always functioning while the car is in operation, and have been researched by multiple auto manufacturers since 2008. The technology currently exists to detect signs of impairment in drivers, but they are not be perfect and could likely be disabled by a mechanic if the owner was so inclined. The mandate would only apply to newly manufactured vehicles based on the aforementioned difficulty and expense in installing after-market devices; it could pass muster in a civil liberties argument because the burden will be placed on auto manufacturers and not individual citizens. The government would not be forcing individuals to be tested for impairment while driving, but rather saying if anyone wants to buy a new car, they will have to deal with the devices.

Nearly 43,000 people were killed on roads in the United States last year, and this alarming number continues to rise. Roughly one quarter of these deaths are alcohol related, and the government believes each and every one of these are preventable. As the technology continues to improve, the pressure will mount on the NHTSA to act. Therefore, it is highly likely that within the next five years all new cars sold in the United States will have some sort of passive intoxication monitoring system. The Blog will continue to follow this story and may post a follow up article in the future. If you have a question about a DUI case, an MVA license suspension or the interlock device program feel free to call Maryland DUI lawyer Benjamin Herbst anytime for a free consultation. Benjamin is an experienced criminal defense lawyer who specializes in traffic violations such as leaving the scene of an accident, fleeing or eluding, driving on suspended license and all drunk driving related matters. He can also fight to have your bench warrant or arrest warrant recalled if you have missed court or violated your probation. Call Benjamin anytime at 410-207-2598.

Continue reading →

Published on: September 16, 2022

Carroll County School Bus Driver Arrested for DUI

By Benjamin Herbst

Maryland State Police troopers recently charged a Carroll County public school bus driver with DUI after her bus crashed into multiple telephone poles on Route 32. Troopers responded to Bartholow Road in Eldersburg and observed such severe damage to the telephone poles that the road was forced to be shut down for roughly 9 hours. According to reports the school bus drove off the roadway around 2 p.m., and police responded shortly thereafter. Troopers allegedly observed signs of impairment on the driver that were consistent with recent consumption of alcohol or drugs, and later arrested her on charges of DUI and DWI. Additional charges may be forthcoming pending the results of a blood analysis that was likely required by the officers. There is no indication that the driver, a 54-year-old woman from Westminster, was injured, but it appears she was treated by medical personnel. Reports stated the bus driver was in fact on her way to pick up children at one of the nearby schools, but law enforcement has not confirmed this as fact. The two closest schools in the area are Eldersburg Elementary and Liberty High School. At the time of this post the bus driver’s charges had not been released publicly, but she will likely face a host of traffic violations in addition to DUI and DWI, such as reckless driving and negligent driving. If the results of the blood test reveal an alcohol concentration of .08 or higher the driver will be cited for DUI per se, which carries a 1-year maximum jail sentence and a $1,000 fine.

While there were no children on the bus at the time of the accident, this case will not sit well with the State if indeed there is sufficient evidence of impairment. The bus driver does not appear to have a criminal record, but does have two prior convictions for driving on a suspended license. One conviction was from Baltimore County in 2014, and the other from Carroll County in 2012. If in fact the bus driver was heading to pick up children from school there is certainly going to be a great deal of public attention surrounding the case. The Blog will certainly follow its progress, and may post a follow-up article in the future. Obviously, the situation could have been drastically worse if children were in the bus, so the accident may have actually been a blessing.

If there had been children in the bus, the driver could have faced a host of other charges, including criminal charges, regardless of whether an accident occurred. For starters she would have faced charges for driving while impaired (or under the influence) by alcohol or drugs while transporting a minor. The maximum penalty for DUI while transporting a minor is up to 2 years in jail for a first offense, which is double the normal maximum penalty. Repeat offenders face up to 3 years for a second offense and up to 4 years in prison for a third or subsequent offense. Under Maryland law the maximum penalty for DWI while transporting a minor is up to 6 months in jail, which is three times the normal maximum penalty of 60 days. The maximum penalties are much harsher, and the judges and the State will also take these cases far more seriously. For this reason, it is important to retain an experienced Maryland DUI lawyer for your charge right away. There are a host of things that a defendant can do prior to court to improve the outcome of the case, and it should start right away. Benjamin specializes in DUI while transporting a minor, federal DUI, repeat offender cases, out-of-state defendants and minors charged with DUI, and has successfully defended numerous clients charged with these offenses. Call Benjamin anytime for a free consultation at 410-207-2598 and learn what defenses may be available in your case.

Continue reading →

Published on: August 19, 2022

Maryland Man Convicted of PWID and DUI, Never Showed for Trial

By Benjamin Herbst

Can the State go to trial without the defendant being present in court? Last month a Washington County man was convicted of possession with intent to distribute cocaine, and driving under the influence after a traffic stop in the early morning hours of April 8, 2021. Normally this type of case would not be especially newsworthy for the Blog but for one glaring detail; the defendant was tried and convicted by a jury despite not being present in court. In legal terms the defendant was tried in absentia, simply meaning he was absent from court but the judge decided to move forward with the case anyway. The stop and the trial occurred in Cumberland County, Pennsylvania, which is just north of the man’s hometown of Hagerstown on Interstate 81. According to a press release by the District Attorney’s Office the man was traveling southbound toward Maryland on I81 and nearly collided with a tractor trailer. After making contact with the Hagerstown man, Troopers noticed marijuana in plain view in the vehicle and observed signs of impairment. The defendant then allegedly admitted to drinking alcohol and smoking marijuana before driving. Upon being arrested for DUI Troopers recovered a plastic bag with a white powdery substance that the defendant was trying to conceal in the front bumper of the vehicle. Chemical analysis revealed that the substance was in fact cocaine, weighing nearly 75 grams. The amount of cocaine apparently was enough for the jury to conclude that it was not for personal use, but rather that he possessed the drug with intent to distribute. Sentencing is set for October 4 of this year, and it remains to be seen whether the defendant will show.

Although the defendant was arrested and prosecuted in Pennsylvania, the law regarding trials being held in absentia appear to be similar to the Maryland law. We do not usually post about cases in other states, but the defendant does hail from Hagerstown and the trial brings up an interesting and rare issue. Pursuant to Maryland Rule 4-231 a defendant in a criminal proceeding is entitled to be physically present in person at every stage of the case and trial. The most common exceptions are during arguments over the law, or a when nolle prosequi or STET is entered. The courts have been conducting remote hearings for more than two years, but at most hearings the judge reminds the defendant that he or she has a right to be physically present. This is especially true for evidentiary hearings and plea hearings. There is one more exception to this rule, and it is triggered when the defendant waives his or her appearance by being voluntarily absent from court after the proceeding has commenced or when the defendant engages in conduct that justifies exclusion from the court. A defendant may also personally or through counsel waive the right to be present. We have seen cases where defendants have been disruptive in court and then removed from the courtroom in the middle of a trial. One particular case occurred in Florida, and the trial continued without the defendant even after the jury witnessed the outburst. This is obviously a rare situation that all parties attempt to avoid, but it does happen.

The lawyers for this defendant in this Pennsylvania case likely attempted to postpone the trial or even withdraw from the case, but the State and the judge seemed to agree that moving the case along was in the best interest of justice. It is not clear whether the defendant was absent for the entire case or just for the trial, but the language of the Maryland rule does appear to create somewhat of a murky issue by stating “after the proceeding has commenced”. An argument could be made that the proceeding means the actual jury trial, and therefore a defendant’s presence cannot be waived by failing to appear at trial. The Blog will continue to follow this case to see whether the defendant shows, and whether the sentence takes into account the defendant’s failure to appear. It would likely be advisable for the defendant to show up for sentencing, as unlike during trial, a judge does have the ability to factor in failing to appear at sentencing.

Continue reading →

Published on: July 7, 2022

State Police Make 95 DUI Arrests Over Holiday Weekend

By Benjamin Herbst

Maryland State Police troopers were extremely busy over the July 4^th holiday, and recently reported the arrest of nearly 100 drivers over the long weekend. From Friday the 1^st through Monday the 4^th 95 drivers were arrested on suspicion of drunk or drugged driving and cited with numerous other traffic violations. The State Police conducted DUI saturation patrols on Route 50 in Anne Arundel County and the lower Eastern Shore, and also worked patrols on I-695 in Baltimore County, I-70 in Howard County and I-495 in Prince George’s and Montgomery Counties. Troopers and officers from various departments such as the MDTA Police issued 1,396 citations on interstates 695 and 70, and an additional 852 along Route 50 in Talbot, Queen Anne’s, Anne Arundel and Prince George’s Counties. Ocean City Police officers and Deputy Sheriffs from Wicomico and Worcester Counties also likely arrested several impaired drivers over the weekend, and drunk driving arrests will continue to add up over the summer.

The sheer number of citations issued over the weekend seems extremely high, but keep in mind that each time a person is arrested for DUI in Maryland they almost always receive at least 3 citations. Police typically charge DUI and DWI as well as DUI Per Se if the driver took a breath test and blew over .08. In addition, there is often a traffic infraction that justifies the original stop, such as speeding, failing to stay right of the center and/or failure to obey a traffic control device. A driver will typically be issued a traffic infraction along with the impaired driving tickets. Also, it is almost common practice for the Maryland State Police to charge a person with reckless driving and negligent driving when they arrest a person for drunk driving. If you are charged with DUI in Maryland, it is not beneficial to prepay the traffic citations associated with the case, as they will ultimately be set for trial along with the impaired driving citations. Paying the citations will result in points being assessed by the MVA, and could also cost hundreds of dollars. In most cases the non-jailable traffic citations end up being dismissed by the State’s Attorney’s Office pursuant to a plea on one of the more serious citations. A driver cannot be sentenced on more than one impaired driving ticket, so do not be alarmed when you see two or more similar citations.

The Blog will continue to follow trends regarding DUI arrests in Maryland over the course of the summer, and may post a follow up article as the various police departments release information about stops and arrests. If you have been charged with a traffic violation, contact Maryland DUI lawyer Benjamin Herbst anytime for a free consultation. Benjamin has successfully represented hundreds of clients charged with impaired driving, and he has extensive experience representing out-of-state defendants and repeat offenders, as well as federal DUIs and individuals charged with DUI while transporting a minor. Benjamin has won numerous jury trials and has argued for the dismissal of evidence based on illegal stops. Anyone who is arrested for impaired driving may also face MVA license suspensions ranging from 6 months to a year, which are separate from what happens in the court case. Benjamin can help on this end as well and has successfully handled numerous MVA hearings at the Office of Administrative Hearings or OAH in Hunt Valley. Recently, Benjamin successfully argued that the State Police had not provided sufficient evidence that his client was in control of a motor vehicle when arrested for DUI, which led to the restoration of his client’s full driving privileges. Contact Benjamin anytime to discuss which defenses may be available in your case at 410-207-2598. The Herbst Firm represents clients in all Maryland jurisdictions including the federal courts in Greenbelt and Baltimore, and also accepts criminal defense and DUI cases in Florida.

Continue reading →

Published on: June 10, 2022

New Yorker Arrested for DUI and Assault on Ocean City Officer

By Benjamin Herbst

Memorial Day weekend marks the unofficial start to the summer season in Maryland’s only beach town, but these days tourists from the region begin traveling to Ocean City to attend events and enjoy the night life as soon as the weather turns warm. With graduations completed and school about to let out, it’s safe to say that summer is now in full swing down at the ocean. This being a criminal law Blog we’re not here to report on the calendar of events in OCMD, but rather the host of new arrests and police activity that comes with the dramatic uptick in visitors. This week one notable arrest took place after a New York man was pulled over for multiple traffic infractions including aggressive driving, and traveling roughly twice the 35 miles per hour speed limit on the Philadelphia Ave. section of coastal highway. This area is one of the busiest and most heavily trafficked areas of Ocean City, so needless to say officers rushed to pull the vehicle over as soon as possible. It seems that the actual traffic stop was effectuated without much drama, but the defendant’s alleged actions that followed were anything but calm and collected.

According to an Ocean City Police Department press release, officers detected an odor of an alcoholic beverage upon approaching the defendant, and shortly thereafter determined that he was driving on a suspended out-of-state driver’s license. The defendant was then requested to complete standardized field sobriety exercises, and was arrested after becoming uncooperative during the tests. He was initially arrested for DUI, fleeing and eluding and disorderly conduct, but it turns out these charges only represented a fraction of what was yet to come. While the defendant was seated in the backseat of the patrol vehicle, he attempted to make a phone call from his smartwatch. Making unauthorized phone calls while in custody is a huge no-no with police and correctional officers, but the defendant was not happy about giving up his watch to the police. He allegedly became aggressive and kicked the arresting officer in the face chest and arms, and then kicked another officer who came over to offer assistance. Ocean City EMS arrived on scene to treat the defendant and the officer, and the defendant was taken to Atlantic General Hospital in Berlin for treatment. After receiving treatment for what the police deemed were minor injuries, he was taken to the police station and booked for a total of 5 criminal charges including two counts of assault on a law enforcement officer, disorderly conduct and obstructing and hindering. He also received 16 traffic citations for charges including DUI and driving under the influence of drugs. The defendant faces hefty fines and potential points for aggressive driving, reckless driving and negligent driving, and according to the charges the defendant’s license was already suspended in the state of Nevada.

The defendant was denied bail by the District Court Commissioner, but granted release on a $25,000 bail the following day when he went before a judge. He posted bail and now will return to court in July for his trial date. The Blog will continue to follow this case as it progresses through the court system, and we anticipate whichever judge hears this case will not be pleased with the defendant’s alleged conduct. Aggressive driving combined with driving under the influence is a dangerous combination, especially in a crowded area such as lower Ocean City. The driving behavior combined with the alleged assault on police officers made a bad situation even worse, though the defendant may be able to challenge many of the charges in court. He certainly is going to require a strong defense to avoid jail time and permanent convictions on his record.

Continue reading →

Published on: April 8, 2022

Interlock May Become Mandatory in PBJ Cases

By Benjamin Herbst

In 2016 Maryland lawmakers passed Noah’s Law, which mandated the installation of engine interlock devices for anyone convicted of DUI. The law also significantly increased administrative driver’s license suspensions for those who either refused to take a breathalyzer test or for those who tested over the legal limit of .08. Interlock devices, commonly known as “blow and goes”, require a driver to produce a negative breath alcohol test prior to starting the car, and at random times during the car trip. They have become more technologically advanced over the last several years, and most now include cameras to verify the person giving the breath sample is actually the driver. The technology has its faults though, and we have seen numerous cases of the devices malfunctioning or causing damage to vehicles. Despite some shortcomings, interlock devices have been hailed by lawmakers and lobbyists as highly effective at reducing the number of impaired drivers on the road. There were apparently 3,700 failed interlock tests in 2021 that resulted in the vehicle being disabled, and those in support of the devices have been quick to conclude this number directly translated to 3,700 less drunk drivers on the road. Regardless of the exact numbers, the devices for the most part do what they are intended to do, and as a result have become a massive business for manufacturers and installers.

While Noah’s law was considered groundbreaking at the time, and resulted in many states following suit with their own interlock requirements, there are what some consider shortcomings in the law. Currently judges are only required to order a defendant to install interlock upon a conviction for DUI. This means than defendants who receive probation before judgment or PBJ are not required by law to install interlock. Over the years judges in Maryland have become stricter when it comes to granting PBJ in DUI cases, and it is no longer a forgone conclusion for first-timers. On the other hand, first-time offenders who have done all the right things leading up to court (completing alcohol education etc.) and show remorse have a good chance of leaving court with a PBJ. According to reports nearly half of the 14,000 Maryland drunk driving defendants received PBJ in 2021, and the percentage of first-time offenders receiving PBJ would likely be much higher than 50%. In addition to the PBJ loophole, defendants convicted of DWI, which carries lower maximum jail time, fines and points, can currently avoid installing interlock in their cars. Strengthening Noah’s law would likely result in all DUI and DWI defendants who enter guilty pleas being required to install interlock.

The interlock bills being debated in Annapolis deal with requirements imposed by a judge in court, but the court case is only half the equation in a drunk driving case. A Maryland driver who is charged with DUI or DWI and refuses to take a breathalyzer test must currently must install interlock in order to avoid a mandatory license suspension of 270 days. Defendants who take the test and blow over .15 must also install interlock or face a 6-month suspension. These requirements are imposed administratively by the MVA, and can only be amended at a hearing in limited circumstances. A Maryland driver who refuses the breath test or blows over .15 may be able to secure a work vehicle exception to the interlock requirement by requesting a hearing in front of an Administrative Law Judge or ALJ. An ALJ can also grant a work-only restricted license in cases where the defendant blew under .15, but cannot grant a restricted license in a refusal case. These time frames are for first time offenders, and repeat offenders could face as much as a two-year suspension in refusal cases.

Continue reading →

Published on: November 11, 2021

Former Maryland Police Officer Guilty of DUI

By Benjamin Herbst

A former high-ranking officer with the Maryland Natural Resources Police has been found guilty of DUI and negligent driving after a plea agreement was reached in the District Court for Worcester County in Snow Hill. The officer, who was second in command at the NRP, was granted probation before judgement for the DUI count, and received a conviction for the negligent driving count. Pursuant to the plea agreement, the charges for leaving the scene of an accident with property damage and improper backing were dismissed by the State. As part of the sentence the former decorated law enforcement officer will be required to complete 100 hours of community service and was placed on 2 years of unsupervised probation. It appears as though the defendant already completed an alcohol education program, as that was not ordered during sentencing.

According to the facts presented at the plea agreement the former police officer was stopped at a red light near Ocean City when he proceeded to back into another vehicle. In a regrettable decision, the defendant left the scene, and was later found parked in a lot near Route 113. When troopers arrived, they detected an odor of an alcoholic beverage and began to administer standardized roadside sobriety exercises. They soon after arrested the officer and issued him four citations. By leaving the scene, the former officer was in violation of the Maryland Transportation Article section 20-103, which requires all persons involved in an accident to remain in the area of the accident until they have rendered reasonable aid and exchanged identifying information. A violation of 20-103 is a misdemeanor punishable by up to 60 days in jail, but the State felt it was appropriate to dismiss this citation as part of the plea. Instead, it appears they were insistent on prosecuting the negligent driving citation. Negligent driving carries 1 point or 3 points if the act contributed to an accident, so the former officer will have at least 1 point assessed on his driving record.

Fortunately, the accident appeared to be minor and nobody was injured. If there had been bodily injury the former officer could have been charged under 20-102, leaving the scene of an accident with bodily injury. This offense is punishable by up to 1 year in jail unless the accident resulted in serious bodily injury or death. Leaving the scene of an accident with serious bodily injury is a felony punishable by up to 5 years in prison, and if a death occurred the maximum penalty jumps to 10 years. Under these enhanced penalties the state is required to prove the defendant knew or should have known the accident caused serious bodily injury or death. Maryland is one of a few states that also criminalizes negligent driving without any proof of drug or alcohol impairment. Almost all vehicle accidents that result in the death of an individual will be forwarded to the State’s Attorney’s Office for review. If it appears that the at fault driver deviated from the normal standard of care that is expected when on the road, he or she could be charged with a misdemeanor offense of criminal negligence that carries up to 3 years in jail. The penalty jumps to a 10-year felony if there is evidence of gross negligence, which could mean racing or weaving in and out of traffic at a high rate of speed. A defendant who is at fault for an accident involving death and leaves the scene could face punishment on both charges, as they are separate criminal acts.

Continue reading →