Legal Question in DUI Law in Maryland

Yes, the police can charge you, but the State's Attorney may have trouble prosecuting the case. You should consult with an experienced DUI attorney immediately if you have been charged.

Maryland courts have defined driving as operating a motor vehicle, which would include being in the driver's seat with the engine running, even while parked at the side of the road. However, if the vehicle was not running, and if it was legally parked, then the state may not be able to show probable cause for the blood test, and even if it can, the state may not be able to prove the element of driving. I offer a free initial consultation.