DUI FAQs

Answer: If you are pulled over for suspected drunk driving, it is important to remain calm and cooperate with the police officer. Provide the necessary information when requested, including your name and your driver's license. However, you have the right to remain silent, and it may be in your best interest to politely decline to answer questions about your activities or any alcohol that you consumed before driving. Be aware that refusing to take a breathalyzer or blood test after you are arrested for DUI will result in an automatic license suspension under Maryland's implied consent law.

Answer: Yes, hiring a lawyer is highly recommended if you are charged with DUI. A DUI conviction can lead to severe penalties, and an experienced attorney can help you navigate the legal process, challenge the evidence against you, and determine the ideal defense strategies that may lead to reduced penalties or even a dismissal of charges. At Kirk Seaman, LLC, we are here to help you address DUI charges correctly and resolve your case successfully.

Answer: In Maryland, you are not legally required to take a field sobriety test if you are pulled over for suspected drunk driving. However, refusing to take the test may still lead to your arrest if the officer has other reasons to believe that you are impaired. It is important to understand that the results of field sobriety tests are subjective, and the officer's observations or other evidence may be challenged during your case.

Answer: For a first-time DUI in Maryland, the penalties can include up to one year in jail, a fine of up to $1,000, and a six-month revocation of your driver's license. You may also be required to attend an alcohol education program, and you could face additional penalties if there are aggravating factors, such as a high BAC or an accident resulting in injury.

Answer: A second DUI conviction in Maryland carries harsher penalties than a first offense. You could face up to two years in prison, a fine of up to $2,000, and a 12-month revocation of your driver's license. For a second DUI conviction within five years of a first offense, you will be required to install an ignition interlock device on your vehicle after regaining your driving privileges.

Answer: If you are accused of causing an accident because you were under the influence of alcohol or drugs, you could face more severe penalties, especially if the accident results in injuries or fatalities. In a DUI accident case, you could face DUI charges as well as charges of vehicular assault or vehicular manslaughter. Our DUI lawyer can help you defend against these charges and work to minimize the penalties you may face.

Answer: Yes, you can be charged with DUI if you are found to be impaired by marijuana or drugs, including prescription and over-the-counter medications. A DUI involving drugs carries the same penalties as an alcohol-related DUI. Our skilled lawyer can help you challenge the evidence used in your case and work with you to avoid a DUI conviction.

Answer: Drivers who have had their licenses suspended or revoked after being arrested or convicted of DUI can participate in Maryland's Ignition Interlock Program, which will allow them to regain their driving privileges. Under this program, drivers must install an ignition interlock device in their vehicle. This device measures the driver's BAC before the car can be started. If the driver's BAC exceeds a preset limit, the vehicle will not start. The program is mandatory in certain cases, or drivers can choose to participate in the program in order to avoid a license suspension or revocation.

Answer: In Maryland, a DUI conviction will stay on your record permanently in most cases. A DUI conviction can lead to long-term consequences such as increased insurance rates and difficulty obtaining certain types of employment.

Answer: In Maryland, DUI convictions cannot be expunged from your record. However, you may qualify for an expungement if your case was dismissed, if you were found not guilty, or if you received a "nolle prosequi," a "set," or Probation Before Judgment. Beginning October 1, 2024, people who received Probation Before Judgment (PBJ) may qualify for expungement after 15 years have passed since their probation was completed. Since a DUI conviction will remain on your records permanently, it is crucial to seek legal representation to explore all possible defenses against DUI charges.

Answer: Yes, a DUI charge may be reduced to a lesser offense such as reckless driving in certain sicrimtuations, or it may be dismissed altogether if there is a lack of evidence or if law enforcement officials did not follow the correct procedures during an arrest. The options available to you will depend on the specific circumstances of your case. Our lawyer can negotiate with prosecutors to seek a reduction in charges or argue for the dismissal of charges when appropriate. Every case is unique, so it is important to discuss your options with an attorney.

Answer: A DUI conviction can have serious implications for your employment, especially if your job involves driving or if you hold a professional license. Employers may view a DUI arrest or conviction as a sign of irresponsibility, and you could face the loss of your job or difficulty finding new employment. If you are a commercial driver, a DUI conviction will result in the disqualification of your commercial driver's license (CDL) for one year for a first offense and for life for a second offense.