Maryland Criminal Attorney Blog
Both criminal and domestic attorneys are frequently confronted with whether domestic violence protective orders or peace orders can be expunged. This is an extremely important question given how readily available court information now is on the internet. Anyone with a computer or even a smart phone can bring up Maryland Judiciary Case Search and find out a person’s entire legal history in seconds. This information is available to potential employers and undoubtedly costs people job opportunities daily.
What is the legal age of consent in Maryland for engaging in sexual conduct?
This post has been updated to reflect the age of consent in Maryland for 2024.
Harford County Criminal Indictment Dismissed Following Suppression of State’s Evidence in Pretextual Traffic Stop Case
This week, the Harford County State’s Attorney’s Office dismissed all criminal charges against our client after the entirety of their evidence—incriminating statements coupled with the recovery of more than twelve pounds of cannabis and a loaded firearm—was suppressed by Circuit Court Judge Richard S. Bernhardt, following a three-hour suppression hearing held earlier this year.
Understanding the News: Federal Sentencing Guidelines
Ippei Mizuhara, an interpreter for L.A. Dodger’s star Shohei Ohtani, was recently charged by federal authorities in California with one count of bank fraud related to his alleged theft of millions of dollars from Ohtani, which Mizuhara used to bankroll his prolific gambling habit. Though federal investigations often take a long time, the IRS was investigating the illegal gambling ring Mizuhara used to place his bets, so they had a substantial head start on their investigation.
Maryland Circuit Court Guilty Plea Litany Guide for Defense Attorneys
The Rights a Defendant Waives: Qualification Guide for Defense Attorneys
Navigating the Interstate Agreement on Detainers
At Silverman Thompson, we put our experience as former federal prosecutors to work to secure favorable outcomes for our clients. In March 2024, we successfully secured the dismissal of felony charges including armed carjacking, kidnapping, and armed robbery, among a host of related charges, against our client before he even appeared in Court.
Maryland 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.
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
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 | Penalties for First-Time DUI |
| Up to 60 days in jail | Up to 1 year in jail |
| Up to a $500 fine | Up to $1,000 fine |
| Up to 6 months license suspension | Up to 6 months license revocation |
| 8 driver’s license points | 12 driver’s license points |
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
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.
Can you get a DUI on a bike? What about a 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 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).
We deal with DUI/DWI cases on a daily basis. For more information or a free consultation, please contact the Maryland criminal lawyers of Silverman Thompson or call (800) 385-2243.
Sam Bankman-Fried Unlikely to Serve 25-Year Sentence
Sam Bankman-Fried was recently sentenced to 25 years in prison for his role in defrauding users of the collapsed cryptocurrency exchange FTX. While this sentence certainly seems harsh, and many commentators are stressing that the harm caused to investors was immense, several important federal sentencing statutes and programs will operate to significantly reduce the amount of time that Bankman-Fried actually spends in jail.
Prince George’s County Prosecutor Cracks Down on Child Pornography Sentencing
“Moving forward, our office will continue to pursue stiff penalties [for child pornography cases] …”
Appellate Court of Maryland: To Prove Driving On A Revoked License, the State Must Prove Knowledge of Revocation
Section 16-303(d) of the Transportation Article of the Maryland Code criminalizes driving while your “license or privilege to drive is revoked in this State.” A new reported opinion from the Appellate Court of Maryland clarifies that to obtain a conviction for driving on a revoked license, the State must prove that the driver knew or was willfully blind to the fact of his or her revocation.
What Is a Miranda Warning? Understanding the Right to Remain Silent
What is Your Right to Remain Silent?
Change in Mandatory Minimum Offender Law
On August 25, 2020 the Court of Appeals issued an important ruling regarding the modification of mandatory sentences for drug offenders who had entered into a guilty plea. The Court unanimously ruled that the trial court does in fact have the authority to modify mandatory sentences given to certain drug offenders who entered into a guilty plea. The Court went further and said these sentences may be modified even over the objection of the State. The further concluded that these mandatory drug offense sentences may be modified by the trial court even in instances in which the defendant failed to file a timely motion to modify sentence. This important decision will allow thousands of inmates the right to file a request to have their mandatory drug offense sentences be modified. The attorneys at Silverman Thompson Slutkin and White have combined criminal experience of well over 100 years and include both a State Court of Appeals Judge and a former Federal Judge. Our aggressive and experienced attorneys stand ready to file motions to modify mandatory sentences in any jurisdiction in the State.
An Important Milestone in the Effort to Hold the City and Police Department Liable for the Harms Caused by the Gun Trace Task Force
The Gun Trace Task Force was an elite unit within the Baltimore City Police Department tasked with getting illegal guns off the streets. But as a blockbuster federal investigation revealed, GTTF members were themselves criminals of the worst kind: crooked cops who conspired to terrorize the very same citizens they swore to protect and defend. Their misconduct was shocking even for a City accustomed to police scandals: suspicion-less stops and arrests, writing false police reports and fake search warrants, lying in court, planting evidence, beating detainees, robbing citizens, and on and on. Some measure of justice was achieved after the officers involved were convicted of federal conspiracy charges, but the battle to ensure appropriate compensation for the victims is ongoing. A recent decision by the Maryland Court of Appeals in two cases brought by GTTF victims represents an important victory in that battle.
Prisoner Release Program
The Chief Judge of the Court of Appeals has issued an order allowing certain prisoners to be released if they meet certain guidelines. Below is a description of those guidelines.
Accomplice Liability Rule Abrogation
On August 28, 2019, in a landmark decision, the Court of Appeals abrogated the long standing rule that a defendant could not be convicted based solely on the testimony of the defendant’s accomplices. (State v. Jones, No. 52, September Term, 2018). Jones was charged with the murder of Mr. Sandeep Bhulari. The investigation led to six suspects. Fingerprints discovered at the crime scene implicated four of the suspects. Jones was implicated solely by the accounts of three of the suspects. The trial, those three suspects testified pursuant to plea agreements. In addition to their testimony, the State presented testimony from detectives and forensic experts and offered physical evidence. None of the physical evidence directly implicated Jones. Jones was convicted of conspiracy to commit armed carjacking. Jones appealed.