Have you been charged with DUI or DWI and need a Baltimore County DUI lawyer? Don’t panic, we can help. Drunk driving charges are some of the most common criminal actions by the State for motorists. It is crime that no one intends to commit. It is not a crime to drink and drive, it’s a crime to drink too much and drive. Most people that get charged with DUI in Baltimore County don’t think they had too many. Maybe a dinner with a couple of beers. Or maybe a night out with friends that lasted a little too long.
We understand people make mistakes at the Law Offices of Randolph Rice. We are compassionate attorneys that responsibility of helping individuals charged with DUI of DWI in Baltimore County, Maryland. If you have been charged with driving under the influence or driving while impaired, call our office today to schedule a confidential consultation at 410.288.2900.
Key Questions for a Baltimore County DUI Lawyer
When you meet with a lawyer to discuss your DUI charges, some key questions to ask are:
What am I charged with?
Do I have to pay any of the tickets before the trial date?
The Maryland Judiciary compiles reports for cases filed in the Courts each year. For Baltimore County, the number of DUI and DWI cases over the past 5 years has been on the decline. Some of those statistics are:
In 2015, Baltimore County Police and the State’s Attorney charged 2,471 drivers with DUI or DWI
Of those 2,471 cases in 2015, 1,356 defendants received a probation before judgment
2014 – Baltimore County saw 2,469 DUI cases charged
2013 – 2,626 drivers in Baltimore County were charged with DUI or DWI
Tips for After a Baltimore County DUI Arrest
Contact a Baltimore County DUI Lawyer: A lawyer that practices DUI and DWI defense can be helpful in guiding you through the minefield of a drunk driving charge.
Seek education or treatment: Treatment or education is key to success in a DUI case if you plan on entering a plea.
Driving Privilege: Did you take the breath test, did you refuse, what was your blood alcohol content level? The answers to these questions will dictate what happens to your privilege to drive. You may want to consider requesting an MVA hearing as well.
Keep a journal: Your trial date may be months away. You want to keep track of everything you do to mitigate the drunk driving arrest. You don’t want to forget and a journal can help keep track of your progress.
What Happens Next?
You have been arrested for DUI. The police officer let you go. Now you’re home and you don’t know what to do next. The first step is to retrieve your vehicle. You don’t have to tell anyone about this yet. You may wonder if you should tell your job about the case? It may not be necessary to tell your job and it may hurt you more than help you. Talk to a lawyer. You have to make some decisions quickly regarding your driver’s license. Such as:
How long will I have the ignition interlock in my vehicle?
Can I get an ID or driver’s license before the trial?
Should I challenge the implied consent laws at an MVA hearing?
These are all great questions. They are also questions you should ask a Baltimore County DUI lawyer. Each case is different and each driver’s circumstances are different. You may have a suspended license and it would preclude you from taking certain action.
Should I Request an MVA Hearing After My DUI Arrest?
You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to ensure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing.
You may use the “Hearing Request” form if available. Send your request to the:
Office of Administrative Hearings
11101 Gilroy Road
Hunt Valley, MD 21031-1301.
You must include a check or money order for $150.00, which is the required filing fee, made payable to the “Maryland State Treasurer.” Your request for a hearing will be invalid if submitted without the required $150.00 filing fee or applicable fee waiver.
Suspended License After a DUI
What happens if I do nothing after my DUI arrest? Your driver’s license or privilege will be suspended on the 46th day after the Order of Suspension if you do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to participate in the Ignition Interlock System Program.
In order to receive credit for the suspension, you must surrender your driver’s license or certify that you no longer have the license in your possession. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.
Participate in Ignition Interlock Program
Instead of requesting a hearing or upon the suspension or revocation of your driver’s license, you may elect to participate in the Ignition Interlock System Program if the following conditions are met:
The charged individual’s driver’s license is not currently suspended, revoked, canceled, or refused; and
within 30 days of the date of this Order of Suspension you
elect in writing to participate in the Ignition Interlock System Program for 1 year if your test resulted in an alcohol concentration of 0.15 or more or you refused the test or 6 months if your test resulted in an alcohol concentration of at least 0.08 but less than 0.15; and
surrender a valid Maryland driver’s license or sign a statement certifying that the license is no longer in your possession. An Ignition Interlock Election form is located on the reverse side of the driver’s copy of the Order of Suspension.
If you have questions about the IID, contact the Baltimore County DUI lawyer Randolph Rice to discuss your options. You may not need to request a MVA hearing or the IID is the only option after a DUI or DWI arrest.
Maryland DUI and DWI Laws – Baltimore County DUI Lawyer
The bulk of the Maryland DUI and DWI laws are contained within the Maryland Transportation Article and specifically under the TA 21-902. However, there are rules and procedures used for DUI investigations with the Maryland Courts and Judicial Proceedings articles.
TA §21–902 Driving While Under the Influence of Alcohol or Driving Under the Influence of Alcohol Per Se
“(a)(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.”
Court and Judicial Proceedings §10–307 Chemical Test for Alcohol
“(b) If at the time of testing a person has an alcohol concentration of 0.05 or less, as determined by an analysis of the person’s blood or breath, it shall be presumed that the person was not under the influence of alcohol and that the person was not driving while impaired by alcohol.
(c) If at the time of testing a person has an alcohol concentration of more than 0.05 but less than 0.07,……this fact may not give rise to any presumption that the person was or was not under the influence of alcohol or that the person was or was not driving while impaired by alcohol…….
(d) If at the time of testing a person has an alcohol concentration of at least 0.07 but less than 0.08,………………it shall be prima facie evidence that the person was driving while impaired by alcohol.
(e) If at the time of testing a person has an alcohol concentration of 0.02 or more……..it shall be prima facie evidence that the person was driving with alcohol in the person’s blood.
(f) If at the time of testing a person has an alcohol concentration of 0.02 or more,…………..it shall be prima facie evidence that the person was driving in violation of an alcohol restriction….
(g) If at the time of testing a person has an alcohol concentration of 0.08 or more, as determined by an analysis of the person’s blood or breath, the person shall be considered under the influence of alcohol per se….”
Why Choose Attorney Randolph Rice for Your DUI?
Randolph Rice has been practicing as a Baltimore County DUI lawyer since 2009. Before that, he was an Assistant State’s Attorney for Baltimore County. As a prosecutor, he handled thousands of DUI and DWI cases in the Baltimore County District and Circuit Courts. As a private defense attorney since 2006, he has defended everyone from NFL players to iron workers in Baltimore County. Mr. Rice knows the DUI and DWI laws in Maryland and he knows how to get the best result for his clients.
Randolph Rice is a member of the American Bar Association, Maryland State Bar Association, Baltimore County Bar Association and the Maryland Criminal Defense Attorneys’ Association. He is passionate about helping his clients. He works with his clients to ensure they are comfortable with the process and understand the possible outcomes. Mr. Rice works tirelessly to guide each client through this difficult time in life.
If you’ve been charged with DUI or DWI in Baltimore County, call his office today at 410.288.2900 or 800.470.RICE to speak with him directly.