DUI Offenses

The Law Office of Ronald L. Schwartz has over 25 years of experience representing the citizens of Maryland and Washington D.C. in DUI cases.

For many individuals, a DUI arrest is their first experience with the criminal justice system. It can be a stressful situation. After a DUI arrest, you must make several difficult choices.

Dealing with the Police
Breathalyzer Testing
Administrative Hearing
Trial
Defenses to DUI Charges

Dealing with the Police

Do not admit to the police that you had any alcohol to drink. If asked directly, try to avoid answering the question. Alternatively, respond by saying, "With all due respect, I would rather not answer that question."
Be cooperative with the police. Do not talk back or respond in anger, even if you believe that the police are treating you unfairly or in a confrontational manner.

Breathalyzer Testing

Maryland

If arrested in Maryland (other than on federal property or the Baltimore-Washington Parkway (BW)), you will be asked if you want to take a breathalyzer test. The police are required to read you a list of your rights to either take or not take a test. Generally, if it is your first offense and it does not involve a motor vehicle accident involving serious injuries to anyone, it is best to consent to take the test.

In Maryland, if you take the test, and your blood alcohol content is .08 or more, the police will take your driver's license and issue you a temporary license. You may be eligible to continue driving for employment or educational purposes, even if your license subsequently is suspended.

If you refuse to take the test, the police will take your license and issue you a temporary driver's license. This temporary license is valid only for 45 days. Upon expiration of the temporary license, an automatic suspension goes into effect:

45 days for taking the test if it is your first DUI arrest
120 days for refusing to take the test if it is your first DUI arrest

The suspension periods are longer for second and subsequent arrests. If you refuse to take the test, you are not eligible for a driver's license allowing you to drive for educational or employment purposes.

Washington D.C., federal property, and the BW

If arrested in Washington D.C., on federal property, or on the BW, it is mandatory that you take the test. Refusing to take the test is a separate offense.

Administrative Hearing

If your regular driver's license was confiscated, you have only 10 days to request a hearing to contest the automatic suspension before an administrative law judge. You must mail in the hearing request with a $125 fee.

If the hearing request is postmarked within 10 days of the offense, you can continue driving until the hearing, where important defenses can be raised on your behalf. If you wait longer than 10 days, the suspension takes effect before the hearing.

Trial

Once the procedural issues have been addressed, you will have a trial for your DUI charges. You can be fined, jailed, or placed on probation if you are found guilty. In Maryland, most first-time DUI offenders are eligible for a program to keep the conviction off their permanent driving record.

Defenses to DUI Charges

Attorney Ronald Schwartz has over 25 years of experience defending DUI charges, both at the administrative hearing and at trial. DUI defenses include:

Challenging the basis for the traffic stop
Challenging the sufficiency of the evidence offered by the police and prosecution
Offering evidence to establish that you were not driving under the influence