Articles Posted in DWI and DUI

The two main concerns for anyone that is arrested for DUI are typically going to jail and losing the ability to drive legally. We touched on the likelihood for jail sentences in a previous post, so in this post we will stick to a discussion about the potential for dealing with a suspended license. It is important to understand that there are two different events that can result in a suspended license, and one generally has nothing to do with the other. The first event is the initial traffic stop where the officer will ask you to take a breathalyzer test to determine blood alcohol content or BAC. If you refuse to submit to the test then your license will automatically be suspended for 270 days for a first refusal and 2 years for a second or subsequent refusal. The suspension is administrative, and is initiated after the arresting officer submits an order of suspension to the driver, and forwards copies to the MVA. The suspensions were increased to these numbers in October of 2016 after the passage of the Drunk Driving Reduction Act.

The suspension for a refusal will actually go into effect after 45 days from the order of suspension, and you will be able to legally drive during this time. The paper order of suspension will serve as the temporary driver’s license. During these first 45 days defendants have three choices to make. First, they can elect to install the engine interlock device (also known as blow and go) in their car and then obtain a restricted license from the MVA. The restricted license will state that the driver is only allowed to drive a vehicle with the device, and for a refusal must be maintained for a minimum of one year. You can only obtain this type of restricted license after you present the MVA with a certificate of installation from the company that installed the interlock device in your car.

If you refuse the breathalyzer you also have the option of requesting a hearing in front of an administrative law judge. The hearing will take place at an MVA branch office or the OAH in Hunt Valley, Baltimore County. When dealing with a refusal case, a hearing officer may only uphold the suspension or reverse the suspension. They will not issue a restricted, work only license. The only realistic ways to win an administrative hearing are to prove that you didn’t refuse, or that the cop had no legal basis to request the test in the first place, and most hearings end up with the driver walking out disappointed, so think twice before requesting one. The third option for a driver that refuses the test is to accept the 9-month suspension. If the police did not confiscate your license you must turn it into the MVA or sign a form stating you lost it in order to get credit for serving the suspension.

Three State Police Troopers were injured last week in two separate drunk driving related accidents. Both accidents occurred in Prince George’s County and in an even greater coincidence both took place on Route 4. Also known as Pennsylvania Avenue, Route 4 runs from Washington D.C. to Calvert County, and passes through Upper Marlboro and Dunkirk. With easy access to and from 495 it is a highway that has witnessed more than its share of drug and alcohol related traffic incidents. State and local law enforcement officers frequently patrol this stretch of road, and have a heightened awareness for DUI on nights and weekends. These two recent accidents should only serve to increase the police presence in the coming months.

The first accident last week occurred around 3:30 a.m. as a trooper was attending to a disabled vehicle. While the trooper was stopped on the side of the highway an SUV driven by a 37 year old man from Upper Marlboro collided into his police cruiser. The impact then sent the cruiser lunging forward into a pedestrian who was standing beside a guardrail. Both the trooper and the pedestrian were taken to the hospital, while the SUV driver was arrested on multiple traffic citations and taken into custody by another trooper from the Forestville Barrack. The man now faces charges of DUI, DWI, reckless and negligent driving, failure to control speed to avoid a collision and willfully disobeying the direction of a police officer. He is currently awaiting a trial date in the District Court of Maryland for Prince George’s County not far from the scene of the accident.

The second accident occurred just a few days later after two troopers in separate police cruisers were responding to a call about a suspected impaired driver traveling the wrong way on the highway. In efforts to locate the impaired driver one of the troopers accidentally rear-ended the other, sending the lead car across the median and down an embankment. Both troopers were taken to the hospital, with one being air lifted to shock trauma in Baltimore. An officer from the Natural Resources Police later arrested the suspect that the troopers were trying to locate. This suspect did not contribute directly to an accident so will likely only face standard DUI and DWI charges, but you can bet that the prosecutor will call attention to the fact that two troopers were injured in the pursuit.

A Maryland man with an active felony warrant was recently arrested in Delaware after he parked next to a police officer with an open container of alcohol in his car. Just after 1 p.m. on an otherwise normal Friday afternoon a Rehoboth Beach police officer was writing a parking ticket when he observed the 29-year old man from Laurel pull up next to him. The officer would have paid little attention to the man, but for the two containers of alcohol that were immediately visible inside the car. After spotting the booze the Delaware cop had no choice but to investigate further, and when he did, he noticed the odor of an alcoholic beverage and other signs of impairment. While roadside sobriety exercises proved too difficult to administer due to a language barrier, the officer did feel he had enough evidence to arrest the man. A blood alcohol test confirmed the officer’s suspicions and the man was booked for drunk driving.

Upon confirming the man’s identity, Rehoboth PD then realized their drunken defendant had an outstanding felony warrant out of Wicomico County. The warrant was issued by the District Court in Salisbury back in January of 2016 and included one charge of felony third degree burglary. Other charges on the warrant included multiple counts of assault, malicious destruction of property and misdemeanor burglary in the fourth degree. The Laurel man also had a warrant for failing to appear in court for a jailable traffic citation resulting from driving without a valid license. Before he can answer for the charges in Maryland the defendant must first be transferred to the Wicomico County detention center. As of now he’s being held in the Sussex Correctional Institution in Delaware pending extradition.

This case is hardly the crime story of the year, but it is of interest to the Blog as we head into the summer months where thousands will flock to the beaches of Maryland and Delaware. In this particular case the defendant made it easy on the cop, but police officers will be focused on open container violations as the tourist season ramps up. This is especially true in Ocean City, where possession of an open container of alcohol actually carries the possibility of jail time. The Ocean City police force increases in size by dozens of officers during the summer months, and these new cops are often hungry to make their mark. Open container, minor in possession of alcohol, fake ID and disorderly conduct cases are some of the most common crimes during in June, July and August. Visiting the coast during the summer months can be a great time, but unfortunately hundreds of summer beachgoers are forced to come back to a Worcester County courtroom in the Fall to answer for a criminal citation or summons. Walking down coastal highway with a beer or refreshing cocktail may seem harmless but it’s illegal and not something that is overlooked by police officers. The OC PD will write hundreds of alcohol and marijuana citations this summer so be aware and make sure it isn’t your name on one of them.

A Montgomery County police officer was killed this past week when he was struck from behind by an alleged drunk driver at a sobriety checkpoint. The young officer’s tragic death has renewed debate whether Maryland’s DUI and DWI laws are strict enough, as alleged drunk driver had multiple prior alcohol related driving offenses on his record. Many have question whether he should have legally been behind the wheel in the first place. Montgomery County spends a great deal of resources to combat DUI, and the drunk driving awareness signs along 495, also known as the Capital Beltway, aren’t just for show. County and state police officers often patrol that stretch of road and others near it to specifically target impaired drivers in areas such as Bethesda, Rockville, and Gaithersburg. These efforts have paid off with upwards of 4,000 drunk driving arrests per year, but it only takes one tragedy to raise the question as to whether law enforcement efforts are enough, or if assistance is needed from lawmakers.

Unlike three of our bordering states, Maryland does not require first time offenders convicted of an alcohol related traffic offense to install an engine interlock device on their car. These devices prohibit a driver from starting the engine without giving an alcohol free breath sample. Alcohol on the driver’s breath will prohibit him or her from driving, and could also trigger a probation violation. Some also disagree with the general statewide trend that most first time offenders walk out of court with probation and fines rather than jail time or intensive treatment. But these complaints are not realistic, as Maryland is about average when it comes to the strictness of its drunk driving laws. In some states such as New Hampshire and Ohio a first offense for an alcohol related driving violation does not even carry the possibility of jail time. In Maryland a first DUI can carry as much as a year in jail, with is on par with stricter states such as Florida. And depending on the time frames a second offense can also carry a mandatory minimum jail sentence, which many judges around the state are inclined to exceed.

Anti drunk driving organizations are some of the most powerful lobbies in the country, with groups such as MADD and SADD working tirelessly increase the strictness of DUI laws. This is a unique phenomenon, as there are almost no organizations that exist to combat common crimes such as robbery, assault, and theft. We are only recently seeing the emergence of similar organizations that exist to combat domestic violence. There is clearly a concerted effort to battle drunk driving, but as long as bars and restaurants continue to serve everyone’s favorite drinks, and liquor stores keep their shelves stocked it will continue to be an uphill battle. It hardly serves the greater good to throw first time DUI offenders in jail, and engine interlock devices will never be able to prevent a convicted drunk driver from simply getting behind the wheel of another car. Lobbyists and law enforcement should continue to focus on education, especially of teenagers and young adults about the dangers of impaired driving. These groups should strive to develop innovative ways to get their important message across because the classroom speeches and presentations unfortunately do not always strike a chord. The Blog will follow the emergence of any DUI and DWI related proposals in the upcoming legislative session, and we will certainly post an article if anything significant comes out of Annapolis.