If you have been charged with a DUI or DWI in Rockville, you are facing more than just a traffic matter. A conviction can mean jail time, license suspension, steep fines, and a permanent criminal record, and for non-citizens it can even affect immigration status. You also have only a short window to protect your driving privileges. At Krum, Gergely & Oates, our Rockville DUI lawyers defend clients against both DUI and DWI charges in the Montgomery County courts, and our office is located minutes from the courthouse.
Facing charges of DUI or DWI in Rockville, MD, can lead to imprisonment, probation, job loss, employment barriers, hefty fines, and more. For foreign residents, it may even result in deportation or hinder the path to becoming a U.S. citizen. A common error is pleading guilty to a Maryland DUI or DWI charge without exploring other options. It is important to seek the assistance of our experienced Rockville DUI lawyers.
A Skilled Rockville DUI Attorney on Your Side
Trust our determined DUI defense lawyers in Rockville, MD, from the KGO Law Firm to stand by your side. We possess the skill to contest the introduction of evidence that the prosecution may exert against you, such as results from breath or blood tests to determine alcohol or controlled substance concentration.
Without a committed Rockville DUI attorney challenging the admission of evidence, the judge will not suppress any evidence against you. Our approach includes:
- Ensuring the police have followed statutory procedures to establish your intoxication or impairment while driving.
- Thoroughly reviewing all evidence and its acquisition, including an assessment of the legality of the initial traffic stop.
- Verifying that your legal and constitutional rights remained intact throughout the process; any violations may lead to the dismissal of charges.
A favorable plea deal might involve avoiding a conviction, pleading guilty to a lesser offense, and minimizing penalties.
Our Rockville DUI defense lawyers are confident that, for foreign residents, a properly negotiated plea deal can be structured to avoid adverse effects on immigration status or residency in the country.
The Difference Between DUI and DWI in Maryland
Maryland treats DUI and DWI as two separate offenses, and understanding the distinction matters for your defense.
DUI (Driving Under the Influence) is the more serious charge. It generally applies when a driver has a blood alcohol concentration of 0.08 or higher, or is substantially impaired. It carries harsher penalties.
DWI (Driving While Impaired) is a lesser charge that can apply when a driver’s BAC is 0.07 or when there is other evidence of impairment that does not rise to the DUI threshold.
Because the two carry different penalties, one common defense goal is negotiating a DUI charge down to a DWI, or a DWI down to a non-alcohol traffic offense. Our attorneys work to secure the least severe outcome available in your case.
Maryland DUI and DWI Penalties
The penalties for a DUI or DWI conviction in Maryland increase with each offense:
- First offense DUI carries up to 1 year in jail, a fine of up to $1,000, and 12 points on your driving record, which can lead to license revocation.
- Second offense DUI carries up to 2 years in jail, a fine of up to $2,000, and a mandatory minimum of 5 days in jail unless the court orders alcohol treatment.
- Third offense DUI carries up to 3 years in jail and a fine of up to $3,000.
- DWI first offense carries up to 2 months in jail, a fine of up to $500, and 8 points on your driving record.
A DUI can also be charged as a felony if it resulted in serious bodily injury or death, which carries significantly higher penalties. Whatever offense number or severity you are facing, our Rockville DUI defense team is here to help. Do not hesitate to reach out for a consultation.
What to Do When Stopped for DUI in Rockville, MD
If you are pulled over by the police while driving in Rockville, Maryland, your first priority is to remain civil. It is important to note that, in Maryland, there is no obligation to undergo a breath or blood test unless you were part of an accident causing life-threatening injuries or death to another person. However, if convicted, a driver who refuses the test may face a prolonged license suspension, ignition interlock restriction, and increased criminal penalties.
In the event of a traffic stop in Rockville, you have the right to immediately request to speak with our DUI defense lawyers in Rockville before agreeing to an alcohol or controlled substance concentration test, provided this consultation does not impede the police’s efforts to obtain test results promptly. If you choose to undergo the test, it is essential to know that, by law, the breath test must be administered within two hours of the driver’s apprehension. Any test conducted after these two hours may be subject to legal challenges.
Avoid admitting to the police that you have consumed alcohol or drugs. Refrain from mentioning having “just a beer” or “some wine with dinner.” Instead, reach out to our DUI defense lawyers in Rockville for a consultation.
If you are an undocumented foreign resident, refrain from disclosing your immigration status, stating that you have “no papers,” or revealing that you were not born in the United States. Do not answer such questions until you have consulted with our criminal defense lawyers in Rockville.
DUI Laws for Misdemeanors and Felonies in Maryland
Under Maryland DUI laws, your DUI offense can be categorized as either a felony or a misdemeanor, depending on specific circumstances. Typically, most first-offense DUIs in Maryland are considered misdemeanors. However, if your DUI resulted in bodily injury, property damage, or death, it could escalate to a felony charge.
Whether you are facing felony or misdemeanor DUI charges, our KGO team of DUI defense lawyers in Rockville, Maryland, is here to provide assistance. Do not hesitate to reach out to us for a consultation.
If you have had your license confiscated after being arrested for offenses like drunk driving, impaired driving, DUI, or DWI in Maryland, you may have been issued a temporary driver’s license. This temporary license, usually a white piece of paper, allows you to continue driving for 45 days despite the confiscation of your original license. Trust our Rockville, Maryland, DUI defense lawyers to safeguard your rights, driving privileges, and reputation during this period.
Rockville’s Temporary License and Hearing Process
According to Maryland law, on the 46th day, your temporary license is set to expire automatically. This expiration will occur unless the Maryland Motor Vehicle Administration (MVA) sends you a notice specifically extending the license to facilitate a hearing, provided you have requested one. The hearing is crucial as the MVA determines whether to issue a restricted driver’s license during this process. Such a license would permit you to continue driving, albeit with limitations, during your license suspension period. This is especially beneficial for essential activities such as commuting to work or school.
Seeking an MVA Hearing Following a DUI Offense
To prevent any disruption in your driving privileges, you must submit requests for administrative hearings with the Maryland Motor Vehicle Administration (MVA) within 10 days of your arrest. Failure to meet this deadline may result in your suspension taking effect before the hearing. Additionally, the likelihood of securing a hearing diminishes if the hearing request is postmarked more than 30 days after your arrest. Our team of DUI attorneys in Rockville, Maryland, is prepared to represent you at the MVA hearing if necessary.
Where Your Rockville DUI Case Will Be Heard
Because Rockville is the Montgomery County seat, DUI and DWI cases from Rockville are heard at the county courts in the city. Most DUI and DWI charges are handled at the District Court of Maryland for Montgomery County at 191 East Jefferson Street, where cases are decided by a judge. Felony DUI charges and cases where a jury trial has been requested are heard at the Montgomery County Circuit Court at 50 Maryland Avenue. Our office is minutes from both courthouses, and our attorneys appear in them regularly.
Frequently Asked Questions
Is a first DUI a felony in Maryland?
No, in most cases. A first-offense DUI in Maryland is typically a misdemeanor. However, it can be charged as a felony if it resulted in serious bodily injury or death. Even as a misdemeanor, a first DUI carries up to 1 year in jail and a permanent criminal record.
How long do I have to request an MVA hearing after a DUI in Maryland?
You must request an administrative hearing with the Maryland MVA within 10 days of your arrest to prevent your suspension from taking effect before the hearing. The likelihood of securing a hearing drops significantly if the request is postmarked more than 30 days after arrest, so acting quickly is critical.
Can I refuse a breathalyzer in Maryland?
You can refuse, but refusal carries consequences. Unless you were involved in an accident causing life-threatening injury or death, you are not required to take the test. However, refusal can result in a prolonged license suspension, an ignition interlock requirement, and increased penalties if you are convicted.
What is the difference between DUI and DWI in Maryland?
DUI (driving under the influence) is the more serious charge, generally involving a BAC of 0.08 or higher or substantial impairment. DWI (driving while impaired) is a lesser charge that can apply at a BAC as low as 0.07. The two carry different penalties, and a common defense goal is reducing a DUI to a DWI.
Will a DUI conviction affect my immigration status?
It can. For non-citizens, a DUI conviction can carry immigration consequences, and certain circumstances can affect residency or the path to citizenship. If you are not a U.S. citizen, it is critical to have an attorney who understands these implications before you make any decisions about your case.
How long does a DUI stay on my record in Maryland?
A DUI conviction stays on your Maryland driving record for insurance and points purposes for a period of years, but the criminal conviction itself remains on your record indefinitely unless expunged. Expungement of a DUI conviction is limited and depends on the outcome of your case.
Contact a Rockville DUI Lawyer Today
A DUI or DWI charge in Rockville is serious, and the clock is already running on your driving privileges. The sooner you have an experienced attorney on your side, the more we can do to protect your license, your record, and your future. Our attorneys are based right here in Rockville, minutes from the Montgomery County courts. Contact us today for a free consultation.
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