Repeat DUI Saved from Incarceration: A Drug Court Success Story
Procedural Outcome
Our client had multiple prior DUI convictions and was on probation for DUI when he picked up a new charge. He faced years of suspended time that the court could impose at any moment, plus the penalties on the new case. FrizWoods placed the client in inpatient treatment immediately, elevated the new case to Circuit Court, and filed a Motion to Suppress his statements. With the statements limited, we negotiated Drug Court screening with the State. Once admitted, we wrapped the probation violation into the Drug Court admission so all suspended time hung in the balance of one program. The client completed Drug Court, avoided incarceration, and turned his life around.
Problem: A New DUI on Top of Multiple Priors and Active Probation
This was not a first offense. Our client had multiple prior DUI convictions and was serving active probation for his most recent DUI when he was arrested again. That created a cascading legal crisis:
- The new DUI case: As a repeat DUI offender, the client faced enhanced penalties under Maryland Transportation Article Section 21-902, including mandatory minimum jail time and extended license revocation.
- The probation violation: The new arrest automatically triggered a violation of probation on the existing DUI case. The court had years of suspended incarceration it could impose at will.
- Combined exposure: Between the new charges and the suspended time on the old case, the client was facing significant jail time with very little room for error.
The reality was stark. With his history, a standard plea on the new case would almost certainly mean time behind bars. The probation violation alone could send him to jail for years. We needed a strategy that addressed both cases at once, and we needed it fast.
Action: Inpatient Treatment, Suppression Motions, and Drug Court Negotiation
Immediate Placement in Inpatient Treatment
- Before tackling the legal strategy, we focused on the client's wellbeing and credibility.
- We arranged for the client to enter an inpatient treatment facility while we worked the legal side.
- This accomplished two things: it started the client's recovery immediately, and it demonstrated to the court and the prosecution that the client was serious about change, not just looking for a way out.
Elevating the Case to Circuit Court
- The new DUI was initially set in District Court. We filed a jury trial prayer to elevate the case to Circuit Court.
- This gave us access to a broader range of procedural tools, including formal motions practice and, critically, access to the Drug Court program, which operates at the Circuit Court level.
Filing a Motion to Suppress Statements
- During the DUI stop and arrest, our client made incriminating statements to law enforcement.
- We filed a Motion to Suppress those statements, challenging whether they were obtained in compliance with the client's Fifth Amendment rights and proper Maryland procedures.
- The motion was effective. We were able to limit the statements the State could use at trial, which significantly weakened their case.
Negotiating Drug Court Admission
- With the statements limited and the inpatient treatment already underway, we brought the case before the State's Attorney and made the pitch for Drug Court.
- We argued that the client's history showed a pattern of substance abuse driving the criminal behavior, not the other way around. Drug Court was designed for exactly this type of case.
- The State agreed to have the client screened for Drug Court admission.
- The client passed the screening and was accepted into the program.
Wrapping the Probation Violation into Drug Court
- This was the critical piece. Rather than having the probation violation handled separately (where the judge could simply impose the suspended time), we negotiated to wrap the violation into the Drug Court admission.
- All of the years of suspended incarceration were held in abeyance while the client participated in Drug Court.
- If the client completed the program, he would avoid incarceration on both the new case and the old violation. One program, one shot at freedom.
Resolution: Drug Court Completed, Incarceration Avoided, Life Transformed
The client completed the Drug Court program. He followed every requirement, passed every check-in, and committed to his recovery.
The result:
- No incarceration on the new DUI charge
- No jail time imposed on the probation violation
- Years of suspended time never activated
- The client has stayed out of trouble and rebuilt his life
This was not just a legal victory. It was a turning point. A client who was cycling through the criminal justice system found a path out through treatment, accountability, and the right legal strategy at the right time.
Key Takeaway
| Element | Detail |
|---|---|
| Charges | Repeat DUI offense plus probation violation on prior DUI |
| Courts | Maryland District Court (initial), Circuit Court (elevated), Drug Court (diversion) |
| Key Defense | Inpatient treatment, jury trial prayer, Motion to Suppress statements, Drug Court negotiation, probation violation consolidation |
| Outcome | Drug Court completed, no incarceration, suspended time never imposed |
| Attorney | Max Frizalone |
Legal Entities Referenced
- Courts: Maryland District Court, Maryland Circuit Court, Maryland Drug Court
- Statute: Maryland Transportation Article Section 21-902 (DUI / DWI)
- Constitutional Amendment: Fifth Amendment (right against self-incrimination)
- Procedure: Jury Trial Prayer (elevation to Circuit Court), Motion to Suppress, Drug Court Screening, Probation Violation Hearing
- Legal Concepts: Repeat DUI enhanced penalties, probation violation, suspended sentence, Drug Court diversion, inpatient treatment as mitigation, statement suppression
- Defense Strategy: Dual-track approach addressing both the new charge and the probation violation through a single Drug Court admission
Frequently Asked Questions
What is Drug Court in Maryland?
Drug Court is a specialized court program that focuses on treatment and accountability instead of traditional incarceration. Participants undergo substance abuse treatment, regular drug testing, court check-ins, and compliance monitoring. Successful completion can result in reduced charges, suspended sentences, and a path away from the cycle of arrest and incarceration. Learn more on our Maryland Drug Court lawyer page.
Can a probation violation be wrapped into Drug Court?
In some cases, yes. When the underlying behavior driving both the new charge and the probation violation is substance abuse, defense attorneys can negotiate to consolidate everything into a Drug Court admission. That is exactly what we did here, giving the client one structured program to address all of his pending legal exposure.
Does entering treatment before court help a DUI case?
It can make a significant difference. Entering inpatient treatment shows the court and the prosecution that the client is taking the situation seriously and is committed to addressing the root cause. It also strengthens the argument for alternatives like Drug Court. In this case, the client's early entry into treatment was a key factor in securing the Drug Court placement.
What happens to a repeat DUI offender in Maryland?
Repeat DUI offenders face enhanced penalties under Maryland law, including longer license suspensions, higher fines, mandatory minimum jail time, and ignition interlock requirements. For someone already on probation, a new DUI can also trigger suspended time from the prior case. Without a creative legal strategy, incarceration becomes very likely. Visit our repeat DUI and second DUI pages for more details.
Facing a repeat DUI charge or a probation violation? The right strategy can mean the difference between incarceration and a real second chance. Contact FrizWoods today for a free consultation. We fight for outcomes that change lives.