Maryland DUI Lawyer Blog

Click below to listen to Lenny Stamm's interview with DJ Kirk McEwen on WBAL on Thursday, February 2, 2011 at 9 p.m.

01 WBAL-AM Post Delay.mp3

02 WBAL-AM Post Delay.mp3

If you are facing criminal or traffic charges in Maryland state or federal court, call Leonard R. Stamm or Johanna Leshner of Goldstein & Stamm, P.A. at 301-345-0122 for a free consultation.

Leonard R. Stamm
Goldstein & Stamm, P.A.
6301 Ivy Lane, Suite 504
Greenbelt, Maryland 20770
www.lstamm.com
301-345-0122
(fax) 301-441-4652

Author: West's Maryland DUI Law

In the past year there have been a number of developments in the area of DUI law in Maryland, and most of them favor the State.

The Court of Appeals has issued a number of decisions favoring the MVA. In Hill v. Motor Vehicle Admin., the Court of Appeals rejected an argument that the DR-15 was misleading to drivers holding a commercial drivers license (CDL) because the form was claimed to not advise CDL holders that if they refused a breath test the interlock option would not available in lieu of the disqualification of the CDL. In Najafi v. Motor Vehicle Admin., although the Court of Appeals held that Najafi's right to counsel was not violated, it said in dicta that a claim of a violation of the right to call a lawyer before deciding whether to submit to a breath or blood alcohol test cannot be litigated at an MVA hearing. In Motor Vehicle Admin. v. Loane, the Court of Appeals construed the plain language of Transportation Article, § 16-205.1(a)(2), that the implied consent law does not apply on purely private property. The Court held that despite this plain language that the implied consent law does apply on purely private property and that the issue cannot be raised in defense at an MVA implied consent hearing. In Thomas v. Motor Vehicle Admin., the Court of Appeals held that the "detention" referred to in § 16-205.1 is not required to be an arrest. In Motor Vehicle Admin. v. Aiken, the court held that the MVA need not produce the test strip or form Notification of Test Result, if the breath operator noted the test results under oath on the DR-15A Form. The court held that the MVA did not need to show in its prima facie case that the test had been administered with equipment approved by the toxicologist, because approval by the toxicologist was not listed as an issue that could be considered at the hearing under § 16-205.1(f)(7) of the Transportation Article. In Headen v. Motor Vehicle Admin., the Court of Appeals held that under § 12-111(b)(2) of the Transportation Article the MVA could designate drunk driving offenses as confidential after five years and deny expungement as to those convictions. The Court also held that a driver who is refused a drivers license due to an out-of-state suspension or revocation is not entitled to an administrative hearing to contest the refusal.

In Motor Vehicle Admin. v. Shea, the Court of Appeals reviewed the question of what constitutes reasonable grounds to support the detention at an MVA hearing. The facts included the officer's statement concerning a moderate odor of an alcohol beverage on the driver's breath and that the driver submitted to standardized field sobriety tests. An administrative law judge took action against Shea's license. On appeal, in response to Shea's argument that the DR-15 Form provided insufficient reasonable grounds, the circuit court ruled for Shea but held that moderate odor of an alcohol beverage combined with a seatbelt violation was an insufficient basis to conduct field sobriety tests. The circuit court ruled for Shea but held that moderate odor of an alcohol beverage combined with a seatbelt violation was an insufficient basis to conduct field sobriety tests. The Court of Appeals reversed, relying on Motor Vehicle Admin. v. Richards, since the Fourth Amendment exclusionary rule does not apply in MVA hearings. The Court also avoided deciding whether a moderate odor of an alcohol beverage alone could constitute reasonable grounds to support a detention to take a test, since the Court found that there was substantial evidence to support the finding of reasonable grounds, namely that the ALJ could have inferred on this record that Shea failed the standardized field sobriety tests.

Continue reading "DUI Update Sept. 2011 - What have they done to us this year?!" »

Title 16 of Maryland's Transportation Article contains licensing requirements and license offenses. Included in this section is Maryland's implied consent law (section 16-205.1), which requires drivers detained on suspicion of drunk driving to submit to an alcohol test and face license penalties for failing or refusing the test. The sections in Title 16 tend to have one thing in common: a license is only required to drive on "a highway or private property used by the public in general." In other words, you can drive on purely private property without a driver's license.

In the case of Loane v. Motor Vehicle Administration, the Court of Appeals considered the following sentence from section 16-205.1:

"[a]ny person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented ... to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol...."

Despite what appears to be the plain language of the statute, the Court construed this section to apply on private property.

Continue reading "The Maryland Court of Appeals holds that Maryland's implied consent law applies on private property" »

Once a driver has been arrested for a DUI or DWI in Maryland by state, not federal, police, the arresting officer is required to read a form to the driver, called the DR-15 Form. This form explains the penalties for failing or refusing a breath or blood test. Of course if the driver passes the test, i.e. produces a result below .08, there is no penalty. Unfortunately, very few people have even the foggiest clue of what they will blow.

The penalty for failing the test is a 45 day suspension on a first offense or a 90 day suspension on a second or subsequent offense if the driver blows .08 or higher but less than .15. If it is a first offense within five years the driver may be eligible for work, school, medical, or alcohol education restricted driving privileges. If it is a second offense within five years the driver may only obtain a restriction allowing the driver to drive only vehicles equipped with an ignition interlock system.

If the driver blows .15 or higher the penalty is a 90 day suspension on a first offense or a 180 day suspension on a second or subsequent offense. In lieu of the suspension, the driver may be allowed to drive with an ignition interlock restriction for one year.

If the driver refuses the the penalties are a 120 day suspension for a first offense and a one year suspension for a second or subsequent offense. Again, the driver may be allowed to drive with an ignition interlock restriction for one year. A refusal may also be considered as evidence of guilt in court and may also subject the offender to an additional 60 days in jail.

Continue reading "To Blow or Not to Blow? - That is the Question!" »

Every year the Maryland legislature is bombarded by MADD, the Maryland State Police, and the States Attorneys, and are asked to strengthen Maryland's DUI laws. Every year the DUI laws get strengthened, they never get made more lenient.  This year they made a number of changes regarding ignition interlocks that raise some serious questions about how they will be implemented.

Prior to October 1, 2011, ignition interlock restrictions were primarily imposed where the driver submitted to a test with a result of .15 or higher, or refused, or had a second or subsequent test failure or refusal, or a second finding of guilt.  After October 1, 2011 the new laws requires ignition interlocks as follows:

Mandatory Participation: A driver must participate in the program as a condition of modification of a license suspension or revocation of a license or the issuance of a restrictive license if the driver:

• is required to participate by a court order;

• is convicted of driving while under the influence of alcohol or under the influence of alcohol per se and had a blood alcohol concentration (BAC) at the time of testing of 0.15 or greater;

• is convicted of driving while under the influence of alcohol, under the influence of alcohol per se, or while impaired by alcohol and within the preceding five years was convicted of any specified alcohol and/or drug-related driving offense; or

• was younger than age 21 and violated the alcohol restriction imposed on the driver's license or committed the specified alcohol-related driving offense.

These ignition interlock restrictions run for six months for a first ignition interlock restriction, for one year for a second ignition interlock restriction, and three years for a third or subsequent ignition interlock restriction.  Failure to comply leads to a one year suspension of the license or privilege in Maryland, after which the driver must still comply with the program in order to get  a drivers license.  However after 45 days of the one year period the driver may be readmitted to the ignition interlock program.
 
Many drivers are unable to obtain an ignition interlock because they live out of state or because they do not own a car. The new laws do not explain how the MVA is supposed to handle that situation.  Additionally, drivers of commercial motor vehicles who need a commercial drivers license (CDL) may also be out of luck under the 2011 laws.

Continue reading "The New Ignition Interlock Law" »

Defending drivers with a CDL (commercial driver's license) who are charged with drunk driving is tricky. Each step of the process involves a risk that the CDL will either be disqualified pursuant to state and federal law, or suspended pursuant to regulations of the Maryland Motor Vehicle Administration (MVA). Under Code of Maryland Regulations (COMAR) 11.11.12.07 the MVA may not issue a CDL if the driver's license is suspended. Unfortunately, the MVA interprets a case called Embrey v. MVA to hold that any kind of restricted license is the equivalent of a suspension. Under this interpretation, a driver with a work restriction or an ignition interlock restriction may not have a CDL.

The first hurdle through which the CDL driver must pass is the initial MVA hearing for a breath or blood test failure or refusal. If the driver took a test with a result of .08 or higher but less than .15, an effort must be made to persuade the Administrative Law Judge (ALJ) to either take no action or to issue a reprimand, as opposed to a 45 day work permit. If a work permit is issued it will be without the CDL. If the driver failed with a result of .15 or more, or refused a test, an effort must be made for no action. In either event, the ALJ would only have discretion to impose an ignition interlock restriction for one year. Again, this would be without CDL. Additionally, a refusal carries a separate one year disqualification of the CDL.

Continue reading "Defending drivers with a CDL (commercial driver's license)" »