Maryland DUI Charges Increase During the Holiday Season

 Posted on December 19, 2024 in DUI Defense

The holiday season typically sees more DUI arrests for a variety of reasons. There are more holiday parties where alcohol is served, there are more police officers actively looking for impaired drivers, and people tend to respond to holidays in two ways: joy/excitement or depression/sadness. Either of these responses can lead to drinking more than usual.

According to the Maryland Highway Safety Office, alcohol-impaired drivers cause at least 35 percent of all fatal crashes across the state. Additional sobriety checkpoints, law enforcement training to detect impaired drivers and community awareness campaigns have all been implemented in Maryland to reduce DUI fatalities. Driving while impaired also takes a significant toll on the drivers who are charged with DUI.

A single DUI conviction in the state can lead to fines as large as $1,000, up to a year in jail, a driver’s license suspension, mandatory participation in alcohol education programs, and, in some cases, mandatory installation of an ignition interlock device. Even after an individual has paid all these debts, he or she may face many years of extremely high auto insurance rates and difficulty obtaining employment.

Many people arrested for DUI during the holidays – or any time - simply made a one-time mistake that will now follow them for years to come. It can be extremely beneficial to speak to a knowledgeable Towson, IL DUI lawyer who can look at your case objectively and comprehensively, developing a defense strategy that will result in the fewest adverse effects.

Maryland Specifics for BAC Test Results

The state of Maryland is much more specific regarding BAC test results than most states, which generally only state that a 0.08 percent or above is considered impaired. Under Maryland Code Section 10-307, the state of Maryland makes presumptions of intoxication or lack of it depending on the precise BAC.

• A BAC below 0.05 to 0.06 percent presumes the individual is not impaired or intoxicated. Driving erratically or failing a roadside sobriety test could still result in a person being charged with a DUI.
• A BAC of 0.07 to 0.08 brings a presumption of impairment, which still requires additional proof of alcohol impairment.
• A BAC higher than 0.08 percent brings a presumption of a DUI per se violation, which means the BAC reading is proof of the offense on its own.  

What Are Penalties for Second and Third DUI Convictions in Maryland?

A second DUI conviction can result in up to two years in prison and a maximum fine of $2,000. A third DUI conviction can bring up to five years in prison and a maximum fine of $5,000. If an individual has a DUI conviction within the past five years, there is a minimum jail sentence of five days or ten days for two prior convictions within the past five years. License suspension is six months for a first offense, nine months for a second offense, and 12 months for a third offense.

What Are Some Common Defenses to DUI Charges?

The defense for a person charged with DUI will depend on the facts and circumstances of the traffic stop and what came afterward, as well as the person’s individual characteristics and history of prior DUI offenses. Each situation is unique, but there are a few defenses that are more common, including:

• There was no reasonable suspicion to stop the driver.  
• The driver was denied the opportunity to contact an attorney even after asking to do so.
• Breathalyzer tests can be inaccurate for a variety of reasons, including the person’s own characteristics and medical history, failure to calibrate or maintain the machine, or the officer’s lack of training or certification.
• The field sobriety tests were inaccurate or invalid.  
• The driver was not in actual physical control of the vehicle.

Contact a Baltimore County, MD DUI Lawyer

If you are facing DUI charges, the sooner you speak to an experienced Towson, MD DUI attorney, the sooner your attorney can gather evidence and look for any weaknesses in the prosecutor’s case. When you choose Kirk Seaman, LLC, you have chosen an aggressive, trustworthy, experienced attorney who has excellent relationships with the local judges and prosecutors. The firm has a long, successful history after opening in 1953. Call 410-837-6077 to schedule a free consultation.