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.

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.

Texting and Driving in Maryland?

In the state of Maryland, it is illegal to text and drive. However, laws seem to have proven ineffective in solving the problem of distracted driving. Road fatalities increased, approximately 8% in 2015.

What does this mean? Legislators are trying to change this modern behavior- many state officials are pushing to treat distracted driving similarly to drunk driving!  So- what does this mean? If you snapchat and drive- you better watch out for the Textalyzer.

This technology would allow police officers a device that is similar to a Breathalyzer- it could determine whether a driver had used the phone to text, email, or do anything else that is forbidden under hands-free laws, like those in Maryland. This type of legislation seems unlikely for a few major reasons:

1. Privacy concerns.   At the moment, the police can obtain a warrant for cellphone records. However, this process is time consuming and often fruitless.  This type of legislation would allow police to seize phones without real justification or warrant. This would pose a threat to many of the liberties of American citizens.

2. Changing the meaning of implied consent. In the state of Maryland, when drivers obtain a license, they are consenting in ADVANCE to a Breathalyzer test. If they refuse this test, they face the consequences of a suspended license.  Legislators are trying to correlate implied consent of one test to a wholly different other.  An individual's civil liberties must be protected.  On the contrary, Deborah Hersman, the president of the nonprofit National Safety Council, said the Textalyzer-Breathalyzer comparison was logical because "why are we making a distinction between a substance you consume and one that consumes you?"

If you have been charged with DUI, drunk driving or distracted driving, call today to speak to an experienced Maryland DUI lawyer at (410)-995-1515.