Driving Under the Influence (DUI) & Other Traffic Offenses

Driving-related offenses, including DUI, DWI, driving without insurance or with a suspended license, hit-and-runs, and vehicular manslaughter are serious criminal offenses in the State of Maryland. You need the skilled DUI and traffic offenses defense attorneys of Silverman Thompson. 

At Silverman Thompson, our criminal traffic trial team is headed up by Senior Partner and former prosecutor Brian G. Thompson. Mr. Thompson and his team of attorneys have decades of experience handling these types of cases, both as former Assistant State’s Attorneys and as defense lawyers. And unlike many other attorneys who handle traffic cases, Mr. Thompson and his team practice exclusively in the area of criminal and traffic defense. The attorneys on our team are in criminal traffic court every day.   

Driving Under the Influence

Driving under the influence of drugs or alcohol (DUI), for which one can be sentenced to prison, carries not only potential jail time but also large fines and “points” that will be assessed by the Motor Vehicle Administration.    

There are two types of drinking and driving offenses in Maryland:  

  1. Driving while impaired, commonly known as a DWI  
  1. Driving while under the influence, commonly known as a DUI   

Read our guide to Maryland DUI/DWI frequently asked questions  

It is a crime to drive while impaired with drugs, even legal drugs. Punishments for DWIs and DUIs can result in jail time, fines, and points on a driving record. Subsequent offenses can increase the punishments that a person receives, with jail time that can go up to ten years.    

Traffic Violations and Vehicular Manslaughter 

In Maryland, there are traffic violations that a person can be charged with and sentenced to prison. Traffic offenses can result in either payable offenses, such as a speeding ticket or running a stop sign, or a must appear offense. Such must appear offenses include:   

  • Driving with a suspended license  
  • Hit and run  
  • Vehicular manslaughter  
  • Fleeing and eluding   
  • Leaving the scene of an accident   
  • Driving without insurance  

The above listed are serious criminal offenses in the State of Maryland. These offenses carry not only potential jail time, but also large fines and points on a driving record that will be assessed by the Motor Vehicle Administration.  

Vehicular Manslaughter 

Vehicular manslaughter, sometimes called vehicular homicide, is a criminal charge that is applied when a person causes the death of another person while driving recklessly or negligently. In vehicular manslaughter cases, there is no premeditation or intent to cause harm to the other person.   

In Mayland, there are two categories of vehicular manslaughter:   

  • Manslaughter by vehicle is charged when a person causes the death of another is a grossly negligent manner   
  • Criminally negligent manslaughter by vehicle is when a person causes the death of another in a criminally negligent manner  

The difference between gross negligence and criminal negligence is that gross implies a substantial deviation from what a reasonable driver would do, and criminal implies a failure to perceive a substantial risk that a reasonable person would perceive.   

Manslaughter by vehicle is a felony and can carry up to ten years in prison and a fine up to $5,000. Criminally negligent manslaughter by vehicle is a misdemeanor and can carry up to 3 years in prison and a fine up to $5,000.  

Hire an Aggressive Criminal Defense Lawyer

At Silverman Thompson, our DUI attorneys have combined decades of experience handling these types of cases in Baltimore, Maryland and surrounding counties, both as prosecutors and defense lawyers. We will attack the government’s drunk driving case from the moment you were stopped by the police through your arrest and blood alcohol content testing to make sure the police acted legally and treated you fairly. 

  • Were you illegally stopped? 
  • Did the police conduct the field sobriety tests correctly? 
  • Were you properly advised of your rights? 
  • Was your arrest legal? 
  • Was the equipment used by the police to test your blood alcohol content properly maintained and calibrated? 
  • Were you denied your right to speak to an attorney? 

Several things can happen to you after you are arrested for a traffic-related offense; you may face jail time and/or other forms of punishment, lose your license, be fined, be put on probation, and see large increases in your car insurance premiums. Maryland drivers should be knowledgeable of their legal rights and seek out a skilled Maryland defense attorney. 

Meet Our Team

Our team of attorneys has the experience to defend you and the expertise to exploit mistakes that are very often made by the police to your advantage. We know how important your freedom and your privilege to drive are to you, and we will aggressively fight to ensure that you keep them. 

Brian G. Thompson
Brian Thompson, Senior Partner
bthompson@silvermanthompson.com
Creston P. Smith
Creston P. Smith, Partner 
csmith@silvermanthompson.com 
Patrick R. Seidel
Patrick R. Seidel, Partner
pseidel@silvermanthompson.com
Eric Bacaj
Eric Bacaj, Counsel
ebacaj@silvermanthompson.com 
Andrew C. White, Senior Partner 
awhite@silvermanthompson.com 

The criminal defense team at Silverman Thompson is committed to providing our clients with the highest standard of defense. If you or a loved one requires defense in a case regarding DUIs or a traffic-related matter, please contact us toll-free at 800-385-2243 for a free consultation.     

Disclaimer: This page is informative in nature. The information contained herein is not to be considered legal advice and there is no attorney-client relationship formed between Silverman Thompson and the reader.

DUI & DWI Frequently Asked Questions

What is the maximum penalty for a DUI in Maryland?
The maximum penalty for a DUI in Maryland is 1 year imprisonment and/or a $1,000 fine for the first offense, and 2 years imprisonment and/or a $2,000 fine for a second offense. See MD Code, Transportation §§ 21-901(a)(1), §27-101. If the offense involves the transportation of a minor, the maximum penalty increases to 5 years imprisonment and/or a $ 5,000 fine. Read more here
Do first-time DUI offenders go to jail in Maryland?
If you are convicted of a DUI, the court has the discretion to impose up to the maximum sentence, even if it is your first offense. While it is unlikely that a first-time DUI offender with an otherwise clean record will be sentenced to serve time in jail, a defendant’s criminal history is just one of the many factors that judges weigh at sentencing.

Aggravating factors that increase your likelihood of receiving jail time for a DUI conviction include:

  • Evidence of a high level of impairment or intoxication;
  • If the offense involved a car accident and/or property damage;
  • If the offense involved bodily injury or death;
  • If you were transporting a minor at the time of the offense; and
  • If you were combative or uncooperative during the traffic stop

The sentencing court will also consider any mitigating factors supporting leniency, such as:

  • Completion of a certified Alcohol Education Program
  • Completion of a certified Driver-Improvement Program
  • Submitting to a substance-abuse evaluation, and successfully completing any recommended treatment.
  • A lack of prior alcohol-related driving offenses

Read more here

What’s the difference between a DUI and a DWI in Maryland?
Maryland law prohibits both driving under the influence (DUI) and driving while impaired (DWI). Both laws are misdemeanors that criminalize drunk driving, however, a DUI is considered a more serious offense and has greater maximum penalties. To be convicted of a DUI, the State must prove that you drove, or attempted to drive, with a blood-alcohol-concentration of .08 or higher (or, if under the age of 21, 0.02 or higher). Far less is required for a DWI conviction. The State need only prove that you drove, or attempted to drive, while impaired to some degree by drugs or alcohol.

Penalties for First-Time DWI

  • Up to 60 days in jail
  • Up to a $500 fine
  • Up to 6 months license suspension
  • 8 driver’s license points

Penalties for First-Time DUI

  • Up to 1 year in jail
  • Up to $1,000 fine
  • Up to 6 months license revocation
  • 12 driver’s license points

Read more here

What do I do if I get pulled over for a suspected DUI in Maryland?
Remain calm and be respectful to the investigating officer. Provide your driver’s license, registration, and proof of insurance to the officer upon request. Remember that everything you do and say is being recorded on bodycam and/or dashcam footage and can be used as evidence against you.

If an officer suspects you are driving or attempting to drive under the influence of alcohol, you will be asked to perform a series of Standardized Field Sobriety Tests intended to assess your balance, coordination, and cognitive function. The most common exercises are standing on one leg while counting out loud, walking heel-to-toe on a straight line, and the horizontal gaze nystagmus test. You are not required to submit to any of these tests, however refusing to do so will not prevent the officer from arresting you on suspicion of DUI.

Remember that if you choose to submit to Standardized Field Sobriety tests, the results can be used against you as evidence. As you perform these tests, the officer will be watching for any signs of impairment, such as swaying, falling, slurred speech, and inability to follow directions. Listen carefully to the officer’s instructions, and do not begin the tests until told to do so. Inform the officer promptly of anything that could interfere with your ability to properly perform the tests, such as injuries, disabilities, or uneven terrain.

You may also be asked to submit to a Blood-Alcohol Concentration (BAC) test. Maryland law presumes that a person with a BAC of .08 or greater is under the influence of alcohol. You may refuse to submit to a BAC test, however doing so will not prevent the officer from arresting you for suspicion of DUI and may result in additional criminal and administrative penalties.

If you are charged with a DUI or DWI:

  • Do not resist arrest
  • Exercise your right to remain silent
  • Make sure you have a copy of all your charging documents, including any statement of charges and DR-15 Advice of Rights form
  • Request an MVA hearing within 10 days
  • Contact an experienced DUI attorney as soon as possible
Read more here
Do you lose your license immediately after a DUI in Maryland?
If you are charged with a DUI or DWI, your driver’s license will be confiscated by the charging officer, and you will be issued a temporary license. The temporary license is valid for 45 days. If you do not request an MVA hearing to review suspension of your license within 10 days of the traffic stop, your privilege to drive in Maryland will be automatically suspended upon expiration of the temporary license. If you do not request an MVA hearing within 30 days of the stop, you will have completely waived your right to contest suspension of your license.

Upon conviction, a DUI will put 12 points on your driver’s license, making your license eligible for revocation based on points. A DWI conviction will add 8 points to your license, making your license eligible for suspension based on points. Md. Code, Transportation § 16-402.

Read more here

Can you get a DUI on a bike or scooter?
A person riding a bike while intoxicated is subject to the same criminal penalties as a person driving a motor vehicle. Although some provisions of the Maryland Transportation Article apply exclusively to motor vehicles, Maryland DUI and DWI laws prohibit driving or Can attempting to drive any “vehicle” while under the influence of or impaired by alcohol. Bicycles, e-bikes, ATVs, dirt bikes, and motorized scooters (except for Electronic Personal Assistive Mobility Devices*) are all considered “vehicles” under the Transportation Article.

*An “Electric personal assistive mobility device” or “EPAMD” is a pedestrian device that: 1) Has two non-tandem wheels; (2) Is self-balancing; (3) Is powered by an electric propulsion system; (4) Has a maximum speed capability of 15 miles per hour; and (5) Is designed to transport one person. MD Code, TR § 21-101(j).

Read more here

Can medical conditions lead to a false DUI arrest?
What happens if you find yourself arrested and charged with DUI despite having a pre-existing medical condition?

What if the alcohol you consumed wasn’t the actual cause of your impairment? And what if you weren’t impaired at all, but rather experienced a reaction to medication or felt exhausted after a long day at work?

You are not alone: officers conducting DUI arrests often assume impairment is solely due to alcohol, even when medical issues might contribute to your symptoms. This false assumption could form the basis of a potential defense against your DUI charge.

Every year, countless drivers are arrested for DUI and DWI, often without thorough consideration of their medical conditions that could affect the outcome of their cases. Unfortunately, some lawyers overlook these medical factors, which may either mitigate or completely refute a DUI charge. Read more here

Can tired driving lead to a false DUI arrest?
One of the most troubling aspects of DUI cases is the overlap between the symptoms of intoxication and those caused by fatigue. Both conditions can lead to behaviors such as swerving, poor coordination, lethargy, and slow speech. Many times law enforcement officers often fail to distinguish between a driver who is impaired by alcohol and one who is simply tired. This ambiguity can lead to falsely charged DUI cases.

Read more here

What happens if you get multiple DUIs/DWIs in Maryland?
In Maryland, a person who is convicted of DUI is subject to a maximum penalty of 1 year and a $1,000 fine. A person who is convicted of DWI is subject to a maximum penalty of 60 days in jail and a $500 fine. In addition to the criminal penalties are person who is charged with DUI or DWI faces the suspension of their driver's license for up to one year or may be required to participate in the ignition interlock program to maintain their privilege to drive.

For a second conviction for DUI, the maximum penalty increases to 2 years of incarceration and a fine of up to $2,000. For a second conviction for DWI the penalty increases to 1 year and a maximum fine of $500. A person who faces this situation not only may be sentenced to a period of incarceration at a local detention center but also faces the daunting possibility of being sentenced to prison time in the Division of Corrections.

For a third conviction for either DUI or DWI the maximum penalty again increases to 5 years and a $5,000 fine. Finally, for a fourth or subsequent offense, a person who is convicted faces a maximum penalty of up to 10 years of incarceration and a fine of up to $10,000.

Read more here

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