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Important things to know about DUI laws in Maryland

Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges are something that no driver in the US wants to have on their permanent record, but in just the first six months of 2017 alone more than 3250 DUI/DWI arrests were made in the great state of Maryland alone.

Drinking and driving is relatively commonplace across the United States, but it’s particularly a major problem in the state of Maryland. DUI checkpoints are located throughout the state, and not just concentrated in Baltimore, and every single night dozens and dozens of people have their lives changed forever when they get slapped with these kinds of charges.

It’s important that you understand the basics of DUI laws in Maryland to protect yourself and your loved ones as much as possible. Below we aim to help you better understand the situation you may find yourself in for and how you can best protect yourself and your future from here on out.

Will I be able to drive after being charged with a DUI in Maryland?

In almost all circumstances, you’ll have the opportunity to continue to drive after you have been pulled over and charged with a DUI in Maryland.

If you aren’t licensed to drive in Maryland, the police will not confiscate your license and you’ll be able to drive throughout your home state as well as clear across the rest of the United States. If you are licensed in Maryland – and blew a .08% or above after being pulled over for a DUI, or refused a breathalyzer test – the police will confiscate your license and then issue a temporary 45 day license in its place.

Are there any penalties for refusing to take a field sobriety test?

It’s important to understand that you are never going to face any administrative penalties for refusing to take the field sobriety test on the side of the road. You’ll have the opportunity to refuse to move forward with this test if you choose to do so, and electing to forward with this kind of test will only present more evidence for the police and the prosecutors.

What happens with a first DUI offense in Maryland?

Right out of the gate, you’re going to want to make sure that you are represented by an experienced and qualified DUI lawyer.

These professionals will help you move through a handful of critical steps before your trial that better present you and your case in front of the judge, including a handful of required tasks that may allow the judge to grant you a Probation Before Judgment (PBJ).

A PBJ in Maryland is NOT a DUI conviction, and you won’t have to worry about points being added to your license or this mark on your driving record becoming public information. As long as you keep your nose clean during your probationary period it will be as if you’re DUI never happened, and you’ll be good to go from there on out.

Maryland has a personal injury law that is also applicable to accidents in general. You may suffer some injury at your workplace, due to a car accident or at a public place in which case you would be filing for damages against the state or the local civic body. All personal injury lawsuits are assessed on the basis of the statutes of the state law. Let us explore some of the provisions in the personal injury law of Maryland.

•           The first thing you should know is the deadline for filing lawsuits. In Maryland, you have to file a lawsuit anytime within the first three years from the exact date of the accident. You cannot seek the intervention of a court if three years have passed since your accident. This is regardless of the nature of personal injury suffered. If you need to file formal charges against the state or the local government then you should do so within the first year from the date of the accident or when you suffered the injury. You would still have two more years to file a lawsuit. Filing formal charges is not akin to a lawsuit. It is best to file formal charges as soon as you can, whether against a government agency or an organization, individual or insurance company. This will allow you to negotiate damages and if you are not satisfied with the terms offered, then you can go to court and hence you would have enough time within the permitted span of three years.

•           Maryland has a provision in the personal injury law where there is a shared fault rule. If you have suffered an injury, anywhere and for whatever reason, then your fault or the possibility will be assessed. If you are found to be at fault, regardless of the extent in the context of the accident and the resulting injury, then you would be unable to claim any damage. Let Stockton Personal Injury Attorney consider a situation when you were speeding and another car had taken an abrupt turn causing an accident. Since you were driving at a speed higher than the limit permitted on the particular road, you are partly at fault. The other driver may have a much larger role to play in the accident. Yet, you will not be able to claim any damages.

•           Personal injury suffered during a car accident can be taken up with insurance companies. Maryland has fault model of insurance and hence you can file claims for damages with your own insurer. Your insurance company will take the matter up with the insurer of the driver or the car owner that caused your personal injury. It is the responsibility of your insurer to get you the deserving damages.

•          Maryland has caps on personal injury damages. You cannot claim any amount you want. The cap on injury caused by malpractice of a nonmedical nature is $755,000, damage for malpractice of a nonmedical nature causing wrongful death is capped at $1,132,500, medical malpractice damage is capped at $695,000 and wrongful death caused by medical malpractice is capped at $868,750.