TA 21-902-A: Driving Under the Influence of Alcohol

All of the state impaired driving laws are listed in section 21-902 of the Transportation Code, but the specific crime of DUI is 21-902-A. It is often referred to as “the A” when the case goes to court. Anyone charged with impaired driving will often receive multiple citations, with typically two of these being for DUI. A standard DUI charge requires that the State prove the defendant drove, operated, or moved a vehicle or was in actual physical control of a motor vehicle while under the influence of alcohol. Defendants who are charged with DUI per se are those who submitted to the breathalyzer test at the police station and blew over .08. A judge or jury is not required to find a defendant guilty simply because they blew over .08, so you may be able to challenge your charges even if you did not pass the breathalyzer test. The term under the influence means that alcohol substantially impaired the defendant’s normal coordination. The State is not required to prove that the defendant was actually driving in a Maryland DUI. While the more common scenario occurs when a police officer pulls a defendant over more a moving violation, we have represented numerous individuals who were charged for simply being in a vehicle while under the influence. There is no single factor that can be used to prove actual physical control. Rather there are at least seven relevant factors that may prove control including where the defendant was in the car, whether the vehicle was running, where the key was found and where the vehicle was parked. Ultimately it would be up the judge or jury to determine actual physical control based on all these factors.

If a defendant is pulled over for a traffic infraction such as speeding or failure to remain in their lane and the officer smells alcohol there will likely be a DUI investigation that follows. If the defendant does not perform to the officer’s satisfaction on the sobriety exercises, then a DUI arrest will occur. At this point the defendant will be charged unless in certain rare cases where the results of the breathalyzer are considerably under .08. Defendants are rarely released without charges once the police place them under arrest. A person may also be charged with DUI if he or she is sleeping in the driver’s seat of a legally parked car. If the ignition key is not in the vehicle, then the defendant would likely not be charged, due to lack of proof of being able to move the vehicle at that time.

TA 21-902-B is the Maryland law for driving while impaired by alcohol. DWI is the less serious impaired driving charge and requires the State to only prove that alcohol has impaired the person’s normal coordination to some extent. DWI is often the only citation that the State can prove if the defendant refuses to submit to a breathalyzer unless the facts are particularly egregious.

One of the strongest defenses in a Maryland DUI case is that the State failed to provide evidence of impairment. This lack of evidence case is strongest when the defendant is not cited for serious traffic infraction such as causing an accident or driving on the wrong side of the road. It is also a strong defense when the defendant performs better than fair on the sobriety exercises and does not submit to a breath test. The arresting officer can testify that the defendant performed poorly, but the proof is always in the video. Generally if the defendant is not stumbling, slurring words or swaying excessively the video will help more than it hurts.

DUI carries a maximum penalty of 1 year in jail and a $1,000 fine. The MVA will also impose 12 points for a DUI conviction, which will result in a license revocation. This is a significantly higher penalty than the 60-day maximum sentence and 8 points for DWI. The penalties increase dramatically for second offense (up to 2 years in prison) and up to 5 years in prison for a third offense. The increased penalties only apply to convictions, so a PBJ would not count as a prior offense for this purpose.

DUI is one of the most highly publicized traffic offenses in the country, and Maryland is no different. Few laws receive more attention from the legislature each year, and powerful and well-funded lobby groups such as MADD are constantly pushing for stricter laws to come out of Annapolis. As a result, a DUI conviction can result in heavy fines, mandatory installation of an interlock device and costly treatment programs. Benjamin can handle all aspects of your DUI case including your MVA hearing and he is available 7 days per week to discuss your case at 410-207-2598.