Monday, April 24, 2017

How Do I Get an ID if I was Charged with DUI and Lost my Driver’s License?

In Maryland, when you are stopped by police and charged with a DUI, the officer will confiscate your Maryland driver's license (out-of-state licenses cannot be confiscated by Maryland police). In return, the officer will give you a temporary paper license that allows you to continue driving for 45 days. On the 46th day after your arrest, your license is suspended and you can longer drive for several months However, during that 45 day period, depending on if you took the breath test and your results of that test, you may be able to request a MVA hearing within the first 30 days or have an ignition interlock device installed in your vehicle within the first 30 days of the arrest.

During these various periods, you are without any form of identification, and people often ask us what they are supposed to do if they are asked for ID. The easiest answer is to go to the MVA to purchase an ID card. Just because you lost your driver's license does not mean that you are not allowed to obtain an ID. For some people, you may be ineligible to request a MVA hearing for a restricted driver's license and you may elect not to install the interlock device in your vehicle. In that case, you would be facing a very lengthy suspension of either 180 days or 270 days. You would likely need a form of identification during that period, so it is recommended that you obtain an ID card from the MVA.

DUI offenses can ruin your life. If you're caught drinking and driving, you are subject to serious consequences. If you've been arrested for a DUI in Maryland, call the TOP-10 DUI lawyers at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.


Tuesday, April 18, 2017

How Does the Ignition Interlock Process Work?

Recently, in Maryland, stricter penalties were put in place for anyone charged with a DUI. One of the biggest changes involves the required use of an ignition interlock device for first-time offenders. Understanding how the device works and how one gets the device installed in their vehicle can be a bit confusing. Here is some important information about the interlock device:

  • If you refuse the breathalyzer test or take the breath test and your results are 0.08 or more, you can elect to participate in the interlock program instead of taking a suspension 
  • If you refuse the test or blow over 0.15, you are very limited in your options if you must continue driving--you must elect to participate in the interlock program because there is no other way to get a restricted license to be able to drive
  • If you refused the test or blew over 0.15 and elect to participate in the interlock program, the device is required to be installed for one year. If you blew at least 0.08, but less than 0.15, the device is required to be installed for six months
  • Within 30 days of your DUI arrest, you must return the ignition interlock form to confirm your participation in the program. Failure to do so will eliminate your ability to have an interlock device installed in your vehicle
  • After returning the interlock form, you will contact one of the MVA approved interlock service providers (i.e. Life Safer, Smart Start, Guardian Interlock Services) to set up an installation appointment. You must bring your order of suspension that was given to you by the officer to the interlock provider.
  • After the device is installed, the interlock provider will give you a document that you must take to the MVA in order to get your restricted driver's license
  • After your six month or one year period is up, depending on your breath test results, you will then return to your interlock provider to have the device removed. Then, you will return to the MVA to exchange your restricted license for your normal license
As you can see, the process for obtaining and maintaining an interlock device is complex. Don't miss out on your opportunity to continue driving for work or school with an interlock device and hire an experienced DUI attorney in Maryland to handle your case.

If you've been charged with a DUI in Maryland, call the Top 10 DUI attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.



Friday, April 7, 2017

Charged with DUI? Alcohol Treatment is a Necessary Step for a Favorable Outcome

A DUI charge in Maryland carries significant penalties, including fines, possible jail time, suspension of your driver's license, and required use of an ignition interlock device in your vehicle. Some of these consequences may be avoided if you take steps to take responsibility for your actions. It is never a good idea to come to court for your DUI case and go before the judge without having any documentation of having tried to do right to make up for your terrible decision to drink and drive. Our attorneys have learned over the years that there are some things DUI clients can do before court in order to increase their chances at avoiding the worst consequences in court.

We make sure all of our DUI clients attend alcohol treatment classes immediately after being charged with the offense. Oftentimes, the client is classified as a social drinker, which essentially just means that this person made a terrible mistake and had one bad night where they drank too much, got in their car, and drove away. Social drinker are usually required to complete a series of treatment sessions over a couple of weeks. Once all treatment is complete, the client will receive a certificate to be able to show to the judge in court.

Alcohol treatment is probably the single most important thing a person charged with DUI can do prior to appearing in court. Ultimately, the judge is going to order that alcohol treatment be completed, but having it already done when you do go to court shows the judge that you are taking responsibility for your actions. Judges usually look favorably on this and are often agreeable to sentence you with probation before judgment, as opposed to a jail sentence. Plus, treatment will already be completed and that is one less thing you are required by the court to complete in a timely manner.

If you've been charged with DUI in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.