Articles Posted in DWI and DUI

A Washington County man was recently sentenced to 10 years in prison followed by 5 years of probation after entering a plea to one count of manslaughter by vehicle in a grossly negligent manner.  The 30-year-old defendant was originally charged in the District Court with numerous traffic citations such as DUI, reckless driving and driving on a suspended/revoked license.  He was also charged with four criminal offenses included the criminal negligence and homicide by motor vehicle while under the influence of alcohol.  All of the citations and criminal charges were transferred to the Circuit Court after the State’s Attorney’s Office filed a criminal information about two months after the incident.

Under the Maryland Criminal Code, a charge of manslaughter by vehicle is defined as causing the death of another by driving or operating a vessel in a grossly negligent manner.  There is no requirement that the State prove the defendant was under the influence, though it almost always involves an element of drug or alcohol impairment.  The charge is a felony that carries a maximum penalty of 10 years in prison upon conviction, but the max becomes 15 years if the defendant has a prior conviction for a drug or alcohol related driving offense.  This penalty is significantly higher than the 5-year max for a conviction of homicide by motor vehicle or vessel while under the influence and the 3-year maximum sentence for manslaughter by criminal negligence.  It is no surprise that the State was firm on extending a plea offer that involved the gross negligence penalty, especially considering the defendant had a least two prior drunk driving cases and was driving on a revoked license.  The first took place back in 2013 when the defendant received probation before judgment for DUI.  Just three years later the defendant was convicted of DUI and received a jail sentence.

While a 10-year prison sentence may seem harsh for a crime that only carries a maximum penalty of 15 years, the defendant essentially pled guilty to a third DUI, which resulted the death of a young man.  According to comments made by the State and the judge at sentencing the family of the victim was in agreement with the sentence, which means the defendant likely would have received more time had the case proceeded to trial and resulted in a conviction for the top count.  Assuming the defendant did not have any additional criminal convictions, his guidelines were probably in the range of 5-10 years of active incarceration.  This means he received the top of the guidelines, though in cases like this the guidelines are not as influential on the state’s recommendation and ultimately the judge’s decision.  DUI manslaughter cases, and cases involving gross negligence or criminal negligence are some of the toughest cases to defend, prosecute and judge due to their tragic nature, but it appears all sides came to an agreement in this case.

Impaired driving laws are constantly evolving in almost every state, and Maryland is no exception.  It seems that each year the legislature makes a firm commitment to steadily increase the potential punishments for drunk driving.  While many of these initiatives do not end up becoming law, they do garner a degree of attention from the media.  This in turn gets the message out to the public and provides a layer of deterrence, which is one of the main goals of lawmakers and anti DUI lobbyists.  In order to keep up, we feel it is important to provide our readers with an overview of the state drunk driving laws every couple of years.

The potential punishments for a first offense DUI and DWI have changed little in recent time.  In Maryland a person who is arrested for impaired driving will almost always be charged with both DUI and DWI.  While it is rarely brought up in court unless the case goes to jury trial, DWI is considered a lesser offense and as a result has a lower maximum penalty of 60 days in jail, a $500 fine and 8 points if there is a conviction.  Defendants who are charged with drunk driving and are seeking a plea deal should always inquire about the possibility of pleading to DWI in exchange for a dismissal of the DUI counts.  A defendant who submits to a breath test and is over the legal limit will likely not have this option, but it still does not hurt to try.  The maximum penalty for DUI and DUI per se is 1 year in jail, a $1,000 fine and 12 points upon conviction.  The per se count is charged as a result of a breath test that is over the legal limit of .08.

A defendant who is charged as a repeat offender faces far stricter penalties, as the maximum jail sentence for DUI with one prior conviction is 2 years, and for DWI is 1 year in jail.  The fines and license suspension times also increase and there is also the possibility of mandatory jail time if the prior offense occurred within 5 years of the current offense.  The punishments for a second offense have not changed in the past few years, but the legislature has addressed punishing those who have two or more prior convictions for DUI, DWI or other impaired driving offense in a different state.  Anyone with two prior convictions faces up to 5 years in prison upon being charged with either DWI or DUI.  Probation before judgment or PBJ does not count as a conviction under this provision.  A defendant with 3 prior convictions for drunk or impaired driving faces up to 10 years in prison upon being charged with a 4^th DUI or DWI.  The 10-year maximum penalty also applies to anyone with a criminal conviction for homicide by vehicle or vessel while impaired or under the influence.  A defendant who has been convicted of causing life-threatening injury by motor vehicle or vessel while impaired or under the influence also faces up to 10 years in prison if subsequently charged with DUI or DWI.

A Baltimore City Police officer was recently arrested and charged with drunk driving after he was found sleeping on the street outside of a convenience store.  According to the incident report the officer was found lying in a pool of his own vomit outside of his vehicle on Eastern Ave in Baltimore.  To make matters worse the defendant, who was off-duty at the time, told responding officers that his personal firearm was missing from the scene.  Police searched the vehicle and the area around the vehicle, but were unable to locate the missing handgun.  The officer now faces charges for driving while impaired and driving under the influence of alcohol, and has a trial date set in the North Avenue District Court in February.  It remains to be seen whether the officer will resolve his case at the District Court level, or request a jury trial that would transfer the case downtown to the Circuit Court for Baltimore City.  DUI carries a maximum penalty of 1 year in jail, which means the defendant has an absolute right to request a jury trial under Maryland law.  DWI carries a maximum penalty of 60 days incarceration, and thus is not an offense that affords a jury trial right.

Regardless of where the case is heard, the judge will not be pleased to find out that the officer had previously been charged with DUI back in 2018.  According to an incident report the officer, who was again off-duty, was pulled over after police responded to a call regarding individuals brandishing firearms at a club.  Police detected signs of impairment and the officer was administered a breathalyzer test at the station, which resulted in a reading of .10.  While this is clearly enough evidence to prosecute for DUI per se under Maryland law, the case ended up being dismissed by prosecutors in court.  The officer was also never identified as one of the individuals who allegedly brandished a gun, but two of his off-duty colleagues were identified and disciplined as a result of their involvement.  The officer, who currently lives in Howard County, avoided any major disciplinary consequences back in 2018, but he may not be so lucky in the present case.  If he enters a plea or is found guilty at trial the fact that he was so intoxicated that his handgun was lost or taken without his knowledge will certainly be a factor that the judge will consider at sentencing.  It is likely that a sentencing judge would consider this behavior even more reckless than a typical DUI, as it resulted in another illegal firearm being circulated on the streets of Baltimore.

The 28-year old city police officer has been placed on paid leave during the course of an internal investigation that will not be made public.  The results of the case will be public though, and it will be interesting to see how the state and the judge handle the case.  The public will certainly be watching, and so will the Blog.  We will post a follow-up article when the case is resolved, and comment on the outcome.  Benjamin Herbst is a Maryland criminal defense lawyer who specializes in DUI defense and other traffic charges such as leaving the scene of an accident, fleeing and eluding police, driving on a suspended license, reckless driving, driving without a license and federal traffic citations received on Maryland parkways or on federal property.  Benjamin also handles all criminal charges including wear, transport or carry of a handgun, and illegal possession of a firearm.  He is available 7-days a week for a free consultation and is licensed in Florida for those who have criminal or traffic cases in Miami-Dade, Broward or Palm Beach County.  Call Benjamin today at 410-207-2598 or 954-543-0305 to discuss your case and which defenses may be available to you.

A former Washington County Circuit Court judge recently pled guilty to DUI and was sentenced to 30 days in jail at a recent court appearance in Frederick County. The judge is no stranger to appearing as a defendant, as he was also charged with DUI back in 2009. In the 2009 case the judge pled guilty and was sentenced to supervised probation, a sentence that was modified two years later to PBJ. The facts of the 2009 case were quite alarming, as the former judge was driving with a BAC of .18, more than twice the legal limit and considerably higher than the .15 threshold for enhanced penalties. In this case the judge sideswiped another vehicle at an intersection and injured the driver, and there was also a 3-year old passenger in the vehicle that luckily was uninjured. Needless to say when the judge appeared as a defendant for a second time last week he faced an uphill battle to avoid a jail sentence.

The defense likely requested a probation sentence, but this request fell on deaf ears. Instead of probation the former judge was immediately taken into custody to begin serving his month long sentence in the Frederick County Detention Center. An appeal to the circuit court was filed the same day, but the former judge remains in custody and will serve out the rest of his sentence after release was denied at his bail review hearing a week later. The former judge was not granted the benefit of probation before judgment, which means he will receive 12 points on his drivers license. He may face suspension or revocation unless a Frederick County Circuit Court judge decides to grant PBJ at his next court appearance in August, or down the road with a modification of sentence motion.

All district court judgments are subject to appeal in the circuit court, where the case starts over as if nothing ever happened. This de novo appeal process comes with a catch though; if a defendant is sentenced to jail or probation in the district court he or she will have to begin serving that sentence unless the judge specifically states the sentence will be stayed or continued. In cases where the defendant is jailed, there may be the possibility of posting a bail while the appeal is pending if the sentencing judge grants an appeal bond. The other option is to request a bail from the circuit court, which in this case proved unsuccessful.

Holiday DUI patrols have been operational in Maryland for years, but until recently many of these enhanced law enforcement efforts have taken place on the Eastern Shore during the summer months. Memorial Day and Labor Day weekends along with July 4^th have traditionally drawn the most attention of various police departments including the State Police. These law enforcement agencies run DUI checkpoints and deploy extra patrol officers during the nighttime hours in an effort to deter drunk driving and enforce the laws when the message doesn’t register. When a special holiday task force is operational it typically produces a greater number of arrests that a normal weekend, but this is expected as more law enforcement resources are in use. Before we begin a cost benefit analysis of drunk driving task forces, we’ll stop and say the purpose of this post is simply to point out that they are becoming more common throughout the state and coming to a county near you this holiday season.

Various law enforcement agencies in Montgomery County are about to begin their fifth weekend of the local DUI holiday task force, which has already produced close to 200 drunk driving arrests. This particular task force is made up of officers from the state and county police and the local police departments of Rockville, Gaithersburg and Takoma Park. Officers from the Maryland National Capital Park Police are also participating in the task force on the stretches of Montgomery County highway that are within the jurisdiction of federal law enforcement such as the Clara Barton Parkway. These agencies are not limiting their activity to standard proactive road patrols, rather they are also running sobriety checkpoints and compliance checks of local business that sell alcohol. Additionally law enforcement has also taken a more aggressive stance in issuing citations to adults that have allowed minors to consume alcohol on their property. Under Alex and Calvin’s law (section 10-119 of the criminal law code) adults who host parties where alcohol is served to minors face fines of up to $2,500 for a first offense and $5,000 for a second or subsequent offense. These citations are not considered criminal, but failure to pay could result in a criminal contempt charge that carries jail time. Additionally a conviction for one of these civil citations could become part of the permanent court record, which could lead to adverse consequences for the defendant.

Drunk driving has been an especially contentious issue in Montgomery County for the last few years, and for good reason. In 2015 a young law enforcement officer was killed by a repeat DUI offender, which led to the state enacting a law requiring installation of the interlock device for offenders. The engine interlock device is viewed as one of the most effective means to curtail impaired driving by lawmakers, prosecutors and judges alike. The device also spares defendants the possibility of losing their ability to drive, which in Maryland can be crippling due to the shortcomings of public transportation. The obvious downsides of the device are the high cost, frequent malfunctioning and embarrassing look, but most would agree that it’s worth it to be able to drive legally. The Montgomery County task force will continue to operate until January 5, 2019 and the Blog may post a follow up article after the final data on the program is released. If you or a loved one has been charged or arrested for any traffic offense in Maryland feel free to contact DUI lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in representing out of state defendants, repeat offenders and drivers charged with federal DUI by the Park Police and other federal law enforcement agencies.

The DUI laws in Maryland change almost every year, which makes it difficult for the average person to know what to expect in the days and weeks following an arrest.  This is especially true for out of state drivers from states such as Pennsylvania, Virginia, Delaware and others.  Two of the biggest questions after being arrested for DUI are going to jail and losing your license, so for this post we’ll focus on those two issues.

Will I go to jail if I’m arrested for DUI in Maryland?  First of all, the following paragraphs apply only to those defendants that intend to plead guilty.  If you believe you were wrongfully arrested you should certainly consider taking your case to trial (we always recommend a jury trial for DUI).  While no lawyer will ever be able to guarantee or predict a specific outcome it is extremely rare for a first offender to serve jail time for a first DWI or DUI.  This is true in all jurisdictions, including the federal courts that handle citations issued on certain federally maintained roads like the BW Parkway (295) and the Clara Barton Parkway, or on military bases like Fort Meade and Andrews. Unfortunately there are exceptions to this no jail for a first offense rule for cases involving injury accidents, extremely high BAC levels or not cooperating with police.

As for repeat offenders, the prospect of jail time increases depending on the number of priors and the time that has elapsed since the priors.  A defendant with one prior DUI that happened more than 5 years ago could certainly make a good case for a probation sentence, while a third time offender will have a more difficult time accomplishing this goal.   Maryland law imposes a mandatory 5-day sentence for a second DUI conviction within 5 years and a mandatory 10-day sentence for third conviction within 5 years of the last.  The best way to avoid jail time regardless of if you are a repeat offender is to be proactive, and show the judge this will never happen again.  We advise each of our clients to immediately seek out an alcohol education program, set up an evaluation and comply with any treatment recommendations.  You may not need counseling, but it will absolutely help in court and the judge will probably order it anyway.  After finishing the program be sure to obtain a certificate that you can present in court, and be ready to speak about your experience and answer any questions about what you learned.  An attorney can and should assist you in finding the right program.

A Maryland State Police trooper arresting a driver for DUI on a Friday night in Baltimore County is hardly a newsworthy occurrence.  But when the same trooper arrests the same driver for the same offense just two hours after the first traffic stop it has to make your head turn.  The first arrest happened just after midnight on Route 40 in Rosedale, an area northeast of Baltimore City.  This stretch of highway is a hot area for late night police patrols, and officers are especially keen to impaired driving.  On this particular night a trooper observed a woman driving 67 in a posted 50 mph zone on Route 40 and allegedly passing another car on the shoulder.  A traffic stop ensued and the officer arrested the 33-year old female driver for suspicion of DUI.  The Baltimore woman was also issued a host of other citations including negligent driving, reckless driving, open container and driving off the roadway while passing another vehicle.  As is typical for most DUI cases the woman was processed at the police station and released a couple hours after the initial stop.  What is not typical is that the woman decided to return to her car and drive home that same night.

The state trooper working that evening likely had an idea that the woman he arrested was not finished driving for the night.  According to reports he observed her get back in her vehicle that was parked on a side street off 40.  Police could have had the vehicle towed but they did her a favor and left it parked, which in hindsight was not favor at all.  The trooper followed the woman for a short distance and then initiated another traffic stop at 1:58 a.m., less than 2 hours after and 2 miles away from the first stop.  The same signs of impairment were observed and the woman was again arrested and taken to the police station.  This time she received additional citations for driving within 12 hours after an arrest for DUI or DWI and willfully disobeying a lawful order of a police officer.  Driving within 12 hours of a drunk driving arrest is a jailable offense that carries a maximum penalty of 60 days, and while it’s not that common, it is definitely an offense that a judge will not take lightly.

The woman will be summoned to appear for trial sometime in the next couple months at the district court in Essex. She may chose to resolve her cases in district court or request a jury trial and have the case transferred to Towson. In this type of situation the defendant and her attorney will likely be better served by trying to have the cases consolidated to the same trial date, which the clerk’s office will likely do considering the arresting officer is the same.  Assuming the cases are set for trial on the same day a good defense strategy would be to try to enter into a plea agreement on one of the cases in exchange for the State dismissing the other.  If the State agrees to drop one of the cases it may turn out to be the first case, as it would be reasonable to expect the prosecution to be firm on the charge of driving within 12 hours after a DUI arrest.