How long do police have to charge you with DUI? If you’re arrested for driving under the influence (DUI) of alcohol or drugs in Maryland, you will likely be charged soon after your arrest. However, the state does have the option to wait before filing charges.
The critical thing to know is that DUI charges must be filed within one year of the offense. The case is usually dismissed if charges aren’t filed within that time. But Maryland takes DUI charges very seriously, so it’s likely the District Attorney’s office will file charges right after your arrest is processed by the police.
If you find yourself in this situation, seeking legal assistance is essential. For a free case review, don’t hesitate to contact The Law Offices of Krum, Gergely, & Oates at (301) 840-0080. Remember, you have the right to defend yourself.
What is the Time Limit for DUI Charges to Be Filed in Maryland?
Understanding the legal process after a potential DUI arrest is crucial. If a police officer pulls you over and suspects you of driving under the influence, they might request a field sobriety test or a breath test. Upon arrest, you will be informed of your rights and given a form (DR-15) explaining them before undergoing a chemical BAC test. You will be processed following your arrest, and your DUI charges will be filed promptly.
If your BAC test result exceeds the legal limit of 0.08 or you refuse to take the test, you will get an “Order of Suspension” and any traffic tickets. The officer will also take your Maryland driver’s license, and you might get a 45-day temporary paper license. This means your DUI charges will be filed right away.
DUI charges are usually filed by the District Attorney’s Office quickly after they get the DUI arrest paperwork. Maryland law outlines a one-year statute of limitations for filing DUI charges, with an exception of three years for manslaughter or vehicular homicide cases, as specified in the Maryland Code, Courts, and Judicial Proceedings Article, Section 5-107 [Md. Code, Cts. & Jud. Proc. Art., § 5-107].
Potential Consequences of DUI Charges
If you took a chemical test during your DUI arrest, your blood alcohol concentration (BAC) was between 0.08 and 0.15, and it’s your first offense in the last five years; your license will likely be suspended for 90 days. Alternatively, you might have to use an ignition interlock device for six months. If your BAC is above 0.15 percent, the Maryland Motor Vehicle Administration (MVA) will suspend your license for 180 days or require the ignition interlock program for one year.
For second offenses, the suspension period is generally 270 days, and the ignition interlock program lasts one year. She refuses to take the chemical test results in a potential suspension of up to 270 days and mandatory participation in the ignition interlock program for one year.
Repeat offenders face longer suspensions, with third or subsequent offenses requiring three years of participation in the ignition interlock program.
How to Fight DUI Charges in Maryland
In Maryland, defending against a DUI involves a strategic approach that begins by questioning the legality of the traffic stop and subsequent arrest. This strategic approach is designed to provide you with the best possible defense. By challenging the circumstances of your arrest, you can build a robust defense and possibly prevent a conviction.
Challenging the Legality of DUI Stops in Maryland
When a cop pulls you over while you’re driving, they must have a valid reason, adhering to your Fourth Amendment rights against unlawful searches and seizures. If you believe your rights were violated, you can dispute the legality of the stop. Evidence that was gathered illegally might not be allowed in court. While Maryland law allows various reasons for vehicle stops, officers must adhere to lawful limits.
A common defense in Maryland DUI cases questions whether the officer had a good reason or enough evidence for the stop. Motor vehicle stops are typically justified by moving violations or equipment issues. A stop without a valid reason could violate your Fourth Amendment rights. Successfully challenging this violation can lead to evidence suppression or case dismissal.
Challenging DUI Arrest Findings in Maryland
Even after being pulled over by police, challenging a DUI arrest is possible. In Maryland, a DUI arrest often involves a series of tests to assess sobriety, which can be contested based on the officer’s interpretation. Standardized Field Sobriety Tests (SFSTs) include physical and cognitive tests like the horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand tests. These tests can be prone to human error and interpretation differences despite their standardization.
The outcome of your case heavily relies on how the officer perceived your impairment. It’s crucial to understand that while officers are trained to detect specific signs of impairment, these observations are subjective and can be debated in court. For instance, if an officer claims you had slurred speech or bloodshot eyes, our legal team can provide alternative explanations for these findings.
Challenging the Facts in DUI Defense
In Maryland, defending against a DUI charge involves using factual defenses to challenge the prosecution’s case. Someone might appear to “fail” a field sobriety test for many reasons, such as physical limitations, nervousness, or adverse weather during testing.
It’s important to note that breathalyzer tests, which measure breath alcohol levels, are not always accurate. They require regular calibration and proper administration for precise results. If the breathalyzer used in your case wasn’t maintained or administered correctly, its results can be challenged in court.
Contesting Blood Test Results
Blood tests, commonly used as evidence in court, are susceptible to errors that can significantly affect their accuracy. Mishandling, improper storage, or incorrect analysis of samples can undermine their reliability. If these tests are not conducted correctly, their results may be deemed inadmissible as evidence. Therefore, it is of utmost importance to thoroughly examine the handling and analysis of blood samples to ensure the fairness of court proceedings.
Get Help from Our Maryland DUI Defense Lawyers
If you’re facing DUI charges in Maryland, our experienced defense team is here to assist you. Call us at The Law Offices of Krum, Gergely, & Oates today at (301) 840-0080 for a free consultation with our committed lawyers. We’re always ready to defend your rights and guide you through the legal process.
