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.

Can You Get a DUI for Just Sitting in Your Car Drunk in Maryland?

Believe it or not, you CAN be charged with DUI in Maryland if you are found sitting in your car while intoxicated. While this may sound counter-intuitive, everything hinges on the statutory language, "actual physical control." In Maryland, according to the statute, a person can be charged with driving under the influence (DUI) for driving or attempting to drive intoxicated, which includes simply being in "actual physical control" of the vehicle.

Now, you may be wondering, what does "actual physical control" of the vehicle mean. In deciding whether someone is in "actual physical control," the Court will consider whether the engine is running, whether you are in the driver's seat, whether you are asleep or awake, where the ignition key is located, whether the headlights are on, and whether you are in a roadway or legally parked. So, for example, if you are found by police just sitting in the driver's seat of your car, with the keys in the ignition, Courts have found that that constitutes "actual physical control" of a vehicle and a person can be found guilty of a DUI.

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

Noah’s Law Signed into Law by Governor Hogan, Will Take Effect October 1st

           Noah’s Law is new DUI legislation that was aptly named for Officer Noah Leotta, who was tragically killed by a drunk driver while initiating a traffic stop.  It was later revealed that the man who struck and killed Officer Leotta had several prior dui arrests, yet was still able to drive.  Governor Hogan, last Thursday, officially signed this bill into law.

Maryland’s DUI laws are known to be quite lenient, especially for first time offenders.  Many states have moved in the direction of requiring ignition interlock devices for all DUI offenders.  There is no such requirement in Maryland.  Currently, if a driver refuses the chemical breath test or takes the test and the BAC is 0.15 or more, the only option the driver has if he or she wants to continue driving is to participate in the ignition interlock program for a one year period.

Noah’s Law will become law starting October 1, 2016, and any person arrested for DUI on or after that date will be subject to stricter penalties, including participation in the ignition interlock program.  First time offenders and subsequent offenders will all be required to install an interlock device in their car in order to continue driving.  “I was proud to strongly support Noah’s Law, and I want to thank everyone involved who helped get it passed,” said Governor Hogan.  Lawmakers are hoping that with this new law that drivers in the future will think twice about driving drunk so as to avoid facing much more severe penalties.

If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Laurel or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/  

MD DUI Attorney: Hosts of Underage Drinking Parties May Soon Face Stiffer Penalties

           The issue of adults hosting parties with alcohol for their underage children and their children’s friends has been a hot topic in the last year.  Currently, Maryland law makes it a misdemeanor crime for adults to “knowingly and willfully” allow someone underage to possess or consume alcohol in their home.  However, the issue of whether the adults can be held civilly liable as well is not clear.

            

            The criminal statute includes the ability to bring a civil action against adults who violate the law, but there is no right-to-sue statute associated with this crime.  Court of Appeals judges are divided as to whether a civil action may be brought.  Attorneys argue that civil liability may not be brought without a right-to-sue statute.  Judges, however, claim that in a negligence action, they do not always wait for the legislature to add a right-to-sue statute.  Another issue some of the judges have is where to draw the line as to when an adult is negligent based on their duty to prevent injury while an underage child is drunk.  One Judge believes that a parent should not be held liable when a child sneaks a beer without the adult knowing.  In situations where an adult knowingly provides alcohol to underage kids and hosts a party at their house, civil liability should be allowed. 

           

            There is legislation pending in the General Assembly that would impose jail time on adults who violate the criminal law.  Currently, there are just minimal fines in place for violators.  In the last year, there have been a couple high-profile incidents of adults hosting underage drinking parties where children leave the party, drive drunk, and kill innocent people.

If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Frederick or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Bishop Cook Indicted this Week on 13 Charges

          Episcopal Bishop Heather Cook was indicted on thirteen charges stemming from the death of bicyclist Thomas Palermo.  Some of these charges include automobile manslaughter, driving under the influence of alcohol, leaving the scene of an accident, and texting while driving during an accident that results in death or serious bodily injury.  It is alleged that Cook hit Palermo with her car as she was texting and driving drunk, and then fled the scene, only to return a short time later.  According to police, Cook’s blood alcohol concentration was 0.22 when it was tested at the police station after the accident.

Since Cook’s original arrest for this accident, information has come out that shows previous driving under the influence of alcohol charges.  In 2010, Cook was convicted of a DUI in Caroline County, but only received one year of supervised probation.  If convicted in this case, Cook could face over 20 years in prison.  The Episcopal Diocese of Maryland is now calling for her resignation.  Next, Cook will face arraignment in circuit court on March 5^th.  Cook has been free on a $2.5 million bail, and her attorney reports that his client remains at an in-patient treatment facility.

Second time or subsequent offenders who are convicted of DUI in Maryland will be subject to a driver’s license suspension, monetary fines, jail time, and use of an IID.  Specifically, the MVA will revoke your driver’s license for one year, require use of an Ignition Interlock Device for a three to twelve (3-12) month period, impose twelve (12) points on your license, and recommend an alcohol abuse program.  In addition, a second DUI offense carries a maximum penalty of two (2) years in jail (with a mandatory minimum of five days) and/or a $2,000 fine.  If your alcohol test result reveals an alcohol concentration of at least 0.08, but less than 0.15, the suspension of your driver’s license will be 90 days.  If your test result is 0.15 or more, the suspension will be 180 days for a second or subsequent offense.  If you refuse the test, the suspension will be one year for a second or subsequent offense.

Note that in Maryland, the lookback period, or period of time that prior DUIs are relevant for sentencing, is ten (10) years.  In other words, judges can take into account prior DUI convictions within ten (10) years when sentencing for a current DUI offense.  In Bishop Cook’s case, the judge will consider her 2010 DUI conviction when sentencing her for killing Thomas Palermo.

If you or a family member has been charged with a DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/