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.

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.

Litigation News September 2016

This month, our attorneys achieved an outstanding result in a DUI trial in Montgomery County. Our client was charged with DUI(a)(1) and DUI(b)(1), failure to stop at a stop sign and failure to obey a properly placed traffic control device.  The State's initial officer was to plead to a DWI and failure to stop at a stop sign, and there was no opposition to a PBJ.  The Prosecutor insisted that our client should get a point on his license for the stop sign.  The State's best evidence against our client was his admission that he had alcohol prior to driving, which was made through a Korean officer interpreting to the arresting officer.  The State did not produce the Korean officer for trial, which our attorney, Ms. Ruhl, insisted on before agreeing to a plea.  The State was forced to nol pros the drinking charges and our client walked away with a simple stop sign violation.  Our client will have the DUI charges expunged from his record.   

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.

Maryland DUI Attorney: Before You Plead Guilty to DUI -- Three Things You Need to Know

            1.       Does the State actually have the evidence they need to convict you?

Every DUI charge is different, and the circumstances around your case may provide you with a real defense.   An attorney is extremely valuable in helping you assess the State’s proof.  Consider this common set of facts:  You have one beer at a bar and drive home.  Someone witnesses you swipe a parked vehicle and then walk a little off balance into your home.  You didn’t realize you hit the car, so you go inside and have a few drinks while you unwind for the day.  45 minutes later, the police are at your door.  You fail the field sobriety tests and blow a 0.10.  The police charge you with DUI.

              It may seem counterintuitive, but arguing to the State that you had several drinks after you drove home can actually help you.  The State has to prove that you were intoxicated when you drove the car.  The gap in time between when you drove and when the police took your BAC may be long enough to exclude that evidence.

2.       Being proactive before your trial will make a difference at sentencing.

If it becomes clear that a guilty plea is in your best interest, there is a lot you can do prior to

your hearing date to improve your outcome at sentencing.  Entering a treatment program is a great way to show the judge that you are taking responsibility for your actions.  It’s important that you be honest with the treatment evaluators about the circumstances of your DUI case and whether you have any prior DUI’s.  A judge may not look so kindly on your completion of a weekend treatment program when it’s your third DUI and you didn’t tell the evaluators about the severity of the issue. 

3.       Be prepared for the consequences.

Judges take DUI cases very seriously.  While jail time is uncommon for first time offenders,

supervised probation is a standard consequence and is frequently accompanied by conditions.  Such conditions may include monitoring through the drinking and driving monitor program (DDMP), attending AA meetings, totally abstaining from alcohol, or completing an extended treatment program.  Conditions of probation frequently carry their own fees in addition to the fines imposed by the court.  Mentally preparing yourself for these consequences can help to lessen the blow when you face sentencing.  You should also prepare your pocketbook, because the court’s fines are usually due on the date of sentencing.

            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 Rockville or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Proposed Drunk Driving Bill in Maryland Would Include Stiffer Penalties

             Legislation has been proposed in the Maryland General Assembly that would toughen restrictions for people convicted of driving under the influence (DUI).  Several committee members (14 of 22) have signed on as co-sponsors of the bill.  If the bill were to pass, it would require all those drivers convicted of a DUI with a blood alcohol level (BAC) of 0.08 or more to use an ignition interlock device in order to start their vehicles.  Current Maryland law only requires drivers convicted of a DUI with a BAC of 0.15 or more to use the breathalyzer device before starting their car.

             Unfortunately, this bill was on the list of legislation to be voted on Tuesday night, but “was removed without explanation.”  In order for the bill to pass, it would need to pass out of committee, which seems less likely at this point.  Mothers Against Drunk Driving (MADD) advocates thought the bill had a strong chance of passing because of the support of so many members as co-sponsors. 

             A drunk driving law with such tough penalties is quite common.  Twenty-one other states include mandatory use of ignition interlock devices for all drivers convicted of a DUI, regardless of the BAC.  Maryland’s Judiciary Committee Chairman Delegate Joseph F. Vallario Jr. believes the state “does not…need to toughen the state’s ignition-lock program.”  Vallario thinks, “We’ve done enough with that…We have one of the best [ignition-lock] programs in the country, and we think it works well.”

              If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal. 

            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 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Deadly Head-On Crash Centerville, Maryland

Sunday night, a deadly accident occurred in Centreville, Maryland.  Two people were killed in a head-on collision on Route 50 near Kent Narrows.  Maryland State Police said the two people killed in the crash were both residents of Salisbury, Maryland.  The cause of the crash is believed to be the driver of a Toyota Sienna minivan, who was driving the wrong way on the eastbound lanes of Route 50.  The driver of the Toyota was flown to the University of Maryland Shock Trauma Center, where he was eventually discharged Monday afternoon.  Sadly, one of the passengers in the other vehicle died instantly at the scene and the other was pronounced dead at the hospital.

After conducting preliminary investigations, police investigators believe that alcohol was a factor in the crash, and speed might have been a factor, but was not determined as of yet.  Currently, no charges have been filed against the driver. 

Drivers who witnessed the crash say they saw the minivan fly by “at [a] very high speed.”  They also report seeing the minivan “make a big u-turn into traffic.”  Route 50 had been closed for several hours while investigators scanned the accident scene for evidence.  Maryland State Police are still investigating the crash and are asking anyone who witnessed the crash and has more information to contact police at 410-758-1101.

It is unfortunate how often drunk driving related fatal accidents occur.  It is never smart to get behind the wheel of a car after you have been drinking.  Assuming the police are correct in their belief that alcohol was involved, the driver who drove under the influence of alcohol made an irresponsible decision doing so by putting their life and the lives of others in grave danger.

If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.  

If you or a family member has been charged with DUI or DWI 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/

Avoid a Maryland DUI Arrest this St. Patrick's Day

           With St. Patrick’s Day coming up tomorrow, Portner & Shure wanted to remind partygoers who drove to their destination to avoid drinking and driving.  While the holiday this year falls during the week, several students are enjoying Spring Break and are expected to fully enjoy the holiday.  Drivers should be aware that St. Patrick’s Day is a holiday associated with drinking alcohol, and each year several arrests are made for suspicion of drinking and driving.  Last year, around 20,000 people were arrested during the holiday period.  A large number of police officers, more so this year than last, will be out looking for any sign of someone driving under the influence of alcohol and will not hesitate to pull you over.  Several police sobriety checkpoints will be in place throughout Maryland, especially in Baltimore City.  With pub crawls abound and hard to pass up drink specials, people are sure to drink past their limit.  Portner & Shure wants to help you avoid a DUI arrest this St. Patrick’s Day with the following tips:

1.      Most importantly, if you drove to your bar destination or other event place and are drinking alcohol, do not drive home or to your next destination.  The best option is to call a cab, Uber, or Lyft to transport you safely.  Another option is to have a designated driver who plans on not consuming alcohol.

2.      If you do drink, limit the number of drinks you consume.  People tend to make unwise decisions, such as drinking and driving, when they drink too much alcohol.  If you plan on drinking on St. Patrick’s Day, pace yourself and know your limit.

3.     Make a plan in advance to assure you have a fun, but safe day.  Whether your plans include taking a cab, Uber, or Lyft to reach your destination or staying with a friend to avoid driving at all, it is important to make a plan to avoid drinking and driving.

4.      Remember to eat before drinking alcohol.  The more food you eat, the less room there is for alcohol in your stomach.  Food also helps to soak up the alcohol to minimize its effects on the body.

5.      Just be smart.  Heavy amounts of alcohol can negatively affect a person’s judgment and can lead to DUIs, or even worse, a deadly car accident caused by drunk driver.  Let’s make sure everyone stays safe this St. Patrick’s Day.

             If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal. 

             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 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

Woman Dies in Maryland Crash with Pick-Up Truck

          Last night, a deadly accident occurred in Frederick County, Maryland.  A Dodge Ram pick-up truck crossed over the yellow lines into oncoming traffic, crashing head-on into a Toyota Corolla.  The driver of the truck, Paul Smith, 25, was heading westbound on Route 40A near Ridge Road.  The driver of the Toyota, Terry Wolfe, along with a passenger, Deborah Bell, was heading eastbound on the same road when the truck drove straight into them.  Rescue officials had to cut the roof off of the Toyota in order to extract the two occupants.  Wolfe survived the crash, suffering non-life threatening injuries.  However, his passenger was not so lucky.  Deborah Bell later died at the hospital from her injuries.  Smith, driver of the truck, refused medical treatment and did not go to the hospital.

            Investigation of the accident shows that alcohol was a contributing factor in causing the accident.  Currently, no charges have been filed against the driver, but they are pending as the investigation continues.

It is unfortunate how often drunk driving related fatal accidents occur.  It is never smart to get behind the wheel of a car after you have been drinking.  Assuming the police are correct in their belief that alcohol was involved, the driver who drove under the influence of alcohol made an irresponsible decision doing so by putting their life and the lives of others in grave danger.

If you have been arrested for a DUI/DWI it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.  

If you or a family member has been charged with DUI or DWI 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/

Maryland Bishop Faces Manslaughter and DUI Charges for Deadly Hit-and-Run

         Bishop Suffragen Heather cook, the second-highest leader of the Episcopal Diocese of Maryland, now faces vehicular manslaughter, DUI, and other charges.  Just a few weeks ago, Bishop Cook was driving a car that killed a bicyclist in Baltimore and she fled the scene, only to return a short time after.  It was later reported that Bishop Cook had been charged with DUI in the past, and when police officers tested her blood alcohol concentration (BAC) after the wreck, it was 0.22, which is almost triple Maryland’s legal limit of 0.08.  Her previous DUI arrest included a BAC of 0.27 and an officer found two small bags of marijuana, paraphernalia, a bottle of wine, and a bottle of liquor in her car.  Cook pleaded guilty to drunken driving then, and the drug possession charges were dropped.  Unfortunately, in this recent accident, a 41 year old was killed.

            As a reminder to all Maryland drivers, consequences of multiple DUIs become harsher with each subsequent conviction.  First time offenders who are convicted of DUI in Maryland will be subject to a driver’s license suspension, monetary fines, and/or jail time.  Specifically, the MVA will revoke your license for six (6) months and you will incur twelve (12) points on your driver’s license.  In addition, a first DUI offense carries a maximum penalty of one year in jail and/or a $1,000 fine.  Finally, an Ignition Interlock Device (IID), which is a breathalyzer device connected to the car that does not allow the car to start if the driver’s blood alcohol concentration (BAC) is over the programmed limit, is not required for your first offense.  If you refuse to submit to an alcohol-related test, or submit to a test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your driver’s license will be confiscated, you will be issued an Order of Suspension, and if eligible, a temporary license valid for 45 days.

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 IID 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.

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/  

What You Need to Know About MVA Administrative Hearings in Maryland

In most cases involving first offenders, Portner & Shure advises clients pulled over for DUI/DWI in Maryland to consent to take a test (usually a Breathalyzer test) to measure the alcohol concentration in their system.  If you refuse the Breathalyzer test, or if you take the test and your alcohol concentration is 0.15 or more, there are severe consequences for your driving privileges, including not being able to request an administrative hearing with the Motor Vehicle Administration (MVA).

In situations when you consent to take the test and your alcohol concentration is less than 0.08, you are not subject to a suspension of your driver’s license, and no administrative hearing is necessary.  However, if your alcohol concentration is at least 0.08 but less than 0.15, your driver’s license will be suspended for 45 days for a first offense and 90 days for a second or subsequent offense.  In this situation, you have the right to request an administrative hearing.  You can request this hearing at any time within 30 days of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended.  More importantly, you must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing.  The request must be made in writing and must include a check or money order for $150.00, which is the required filing fee. 

If you have been charged with DUI/DWI in Maryland, it is vital that you hire an experienced DUI/DWI attorney who can challenge the administrative consequences, such as a driver’s license suspension, and work to achieve a favorable result.  In some instances, your attorney can get a modification of your license suspension or even challenge the state’s entire case against you by arguing that the alcohol measuring device was not properly calibrated.

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 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/

DUI and Minors: Consequences in Maryland

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Maryland, like the rest of the states in this country, has very strict laws regarding underage drinking, especially with driving under the influence (DUI).  Maryland has a “zero tolerance” law for underage drinking that prohibits anyone under the age of 21, a minor, from consuming alcohol.  Any person under the age of 21 who is stopped and found to have a blood alcohol concentration (BAC) of 0.02 or greater is in violation of Maryland’s “zero tolerance” law.

Minors can be arrested for DUI if it is determined that their BAC was 0.02 or higher.  (Note: DUI BAC for individuals 21 years of age and older is 0.08).  Minors can only be charged with “per se” DUI if submitting to a breath or blood alcohol test that returns a BAC of 0.02 or higher.  It is never recommended for someone under the legal drinking age to submit to a breath test if you have had any amount of alcohol.  Police officers will sometimes arrest underage individuals if they reasonably believe the minor is operating a motor vehicle while under the influence of alcohol.  Minors who have been arrested for suspicion of DUI must hire an experienced attorney in order to achieve a favorable outcome.

For a first-time DUI offense, a minor will have their driver’s license suspended for six (6) months, face up to a $500 fine, and possible jail time up to two (2) months.  If within a five (5) year period of the first DUI conviction, the minor will have their driver’s license suspended for one (1) year in jail, and subject to a fine ranging from $500 to $2,000.

Maryland laws for underage drinking and driving are very strict because legislators want to avoid teenager-involved car accidents as best they can.  Minors are more likely to be involved in drunk driving related motor vehicle accidents because they are relatively new drivers who do not yet fully understand the dangerous effects alcohol has on their body and the impact that has on their ability to drive.  It is important that minors in Maryland know the laws regarding drunk driving.  If you have been arrested for a DUI as a minor (under the age of 21) it is important that you consult an experienced Maryland DUI attorney immediately because DUI is a criminal offense and carries potentially severe penalties.  An experienced attorney can guide you through the court process and find any possible defenses that can either mitigate the penalties in the case, or in some instances, lead to an acquittal or dismissal.

If you or a family member has been charged with a Maryland DUI as a minor and would like a free legal consultation or if you would like more information on DUI or DWI in Maryland, please feel free to contact our office at (410) 995-1515 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/