Legal Question in DUI Law in Maryland

Re: Reasonable cause to be pulled over

As each case is different, I would be hard pressed to say there is a standard penalty. The Courts are supposed to sentence according to the facts of that case, therefore, making no standard penalty.

The max is 1 year in jail and / or a $1000 fine for a 21-902A violation.

Please make sure that you request an MVA hearing for your DL review.

I would be happy to discuss your case with you further, please contact my office to schedule a free consultation.

Re: Reasonable cause to be pulled over

1. You may have an issue with respect to whether there was sufficient cause to stop you in the first instance. I cant tell if the traffic stop was sepparate from the DWI stop or whether there is a "second stop" issue. Further consult would be required.

2. You may ask for a blood test. The officer is not required to take you to the Hospital to get a blood test, unless you are incapacitated or otherwise incapable of refusing a breth test. You are entitled to the advice of rights form, etc.

3. There is no "standard penalty." It all depends on each case and the judge. There is the maximum penalties which are almost never given on a first timer's case. Alot depends on whether you have been dedicated to a treatment plan, what your blood alcohol level was, your age, whether there were any injuries, etc. Having said the above, if you do well and work hard in a alcohol treatment plan, if there was no accident and if the blood alcohol level is not too high, a first timer will likely receive a PBJ and probation for approximately a year, which is a lot of work. But a PBJ means you will have no record. If you do really well anf finish your alcohol treatment before the trial date, you might even get UNSUPERVISED Probation , which means no regular meetings at your probation officer's office or drug.alcohol testing. All you would have to do would be not to pick up any more charges during the probation period and to pay your fines, if any (if there are no other conditions stipulated. I wish you the best and look forward to speaking with you. (301) 279-8773.