Law Offices of Frank B. Cahn, P.A.

Maryland law classifies drunk driving offences into two categories. The more serious offence is called “driving under the influence of alcohol” and refers to cases where a person is definitely intoxicated. The less serious offence is called “driving while impaired by alcohol.” As the name implies, this offence refers to situations where a driver may not definitely be drunk but is showing the effects of having consumed alcohol.

Maryland law provides that anyone who shows a result of .08 or more on a breath test administered within two hours of his arrest is presumed to be driving under the influence of alcohol. The law authorizes judges to send drivers to prison for up to one year in prison or to impose a fine of $1000.00, or both. A 
driver risks having these penalties doubled for a second offence and tripled for a third offence.

Police officers who suspect that a driver has been operating under the influence are trained to administer other tests besides the breath test to determine whether an impairment exists. Common tests include asking a driver to recite the alphabet backwards or asking a driver to count by fives. The “heel to toe test” involves asking a driver to walk in a straight line while taking small steps and placing the heel of each foot ahead of the toe of the next foot. The “nystagmus test” entails asking a driver to follow the officer’s finger as he moves it. “Nystagmus” refers to rapid eye movement. The eyes of a person under the 
influence of or impaired by alcohol tend to shake when trying to follow a moving object.

If the breath test shows a result of less than .08, or if no breath test was administered, a Judge may still convict a defendant if other evidence such as a police officer’s observations about the defendant prove that he or she was driving under the influence. If a Judge believes that a driver’s ability was impaired by alcohol to a lesser degree, he or she may convict the driver of “driving while impaired.” In that case, the law authorizes Judges to impose a jail term of up to two months or a 
$500.00 fine, or both.

HOW CAN A LAWYER HELP ME IN COURT?

The law requires that the State of Maryland prove its case against you beyond a reasonable doubt and to a moral certainty. This means that it is the State’s job to 
produce witnesses or other evidence at trial to prove its case against you. A lawyer can assist you in challenging the State’s evidence. For example, a lawyer can raise questions about how well a witness observed what he or she claims to have seen. A lawyer may also challenge the fairness of the tests which the 
police relied on to determine that you were drunk or may show that the tests were not accurate in your case.

The law places certain limits on a police officer’s right to stop a driver. If the officer did not follow the rules, a lawyer may request that a Judge dismiss the case against you. Furthermore, if a prosecutor wishes to prove his case against 
you because you made statements that he claims show that your were guilty, the law requires that such statements be voluntarily. Generally speaking, this means that the arresting officer must inform you that you have a right to remain silent, that if you choose to speak then what you say may be used 
against you in Court, and that you have a right to consult a lawyer before answering any questions. If you were not properly advised, a lawyer may ask the Judge not to consider any statement you made to the police.

A lawyer can also assist you in deciding whether it is to your advantage to plead guilty to a charge, ask for a jury trial, or request a postponement. Even if you decide to plead guilty, an attorney can help you by pointing out factors which favor giving you a lighter sentence or some form of probation.

WHAT WILL HAPPEN TO MY LICENSE?

Refusing to take the breath test
If you refuse to take the breath test, Maryland law requires that your license be suspended for 120 days for a first offence and for one year for a second or subsequent offence.

Breath test of .08 or more
If your breath test result is .08 or higher, the law requires that your license be suspended for 45 days for a first offence and for 90 days for a second or subsequent offence.

Conviction for Drunk Driving
If you are convicted of driving under the influence, the Maryland Motor Vehicle Administration will assess 12 points against your license. If you are convicted of driving while impaired, the Motor Vehicle Administration will assess 8 points 
against your license.

The law generally requires the MVA to suspend the license of an individual who accumulates 8 points or more and to revoke the license of an individual who accumulates 12 points or more.

WHAT CAN I DO ABOUT THESE PENALTIES?

In spite of the laws stated above, the Motor Vehicle Administration has some discretion about imposing penalties. For example, you may disagree about whether you really refused to take a breath test. Also, you may be entitled to 
have a restricted license during any period of suspension or revocation for employment purposes. In addition, the MVA has the authority to forego suspending your license if you agree to participate in the Ignition Interlock System Program. This involves installing a device in your automobile which will 
permit you to start the vehicle only if your breath is free of alcohol.

Our office can assist you at your Motor Vehicle Administration hearing so that you are aware of all your rights and can protect your license. 

Call (410) 358-4338 today!

Convenient to Owings Mills, Pikesville, Randallstown, Reisterstown, Security, Towson, Windsor Mill, and Woodlawn.