Received your second DUI or third DUI? We can help.
Being charged with a second or third DUI charges can be extremely scary. Most jurisdictions in Maryland seek active incarceration on repeat offenders in DUI cases The best thing that you can do is fight the charges with an experienced repeat offender DUI lawyer, to make sure you don't receive jail time if you are found guilty of a third dui conviction.
There are serious potential penalties to both your driver's license, and your freedom. Maryland has recently enacted more severe penalties for repeat offenders with prior second or third dui convictions, which make subsequent offense DUI cases high stakes. If you roll over and enter a plea at your trial date, you could be spending some serious jail time behind bars.
What can increase my potential for incarceration?
There are three major sources of increased penalties in a repeat second DUI or third offense dui charges:
1. You may be on probation for one of your prior DUI offenses.
How do I know if I'm on probation still?
Generally, the easiest way to tell would be to have an attorney check the commitment record from your prior DUI/DWI in Maryland sentence. If you know the exact date of your prior Maryland DUI sentencing, you may be able to get a rough idea of the length of your probation based on the Court you were in. In Maryland District Court, Courts typically are capped at three years of probation. That probation sentence could begin upon release from incarceration. In Maryland Circuit Court, Courts typically are capped at five years of probation. That probation sentence could begin upon release as well.
Remember just because you did not have a probation agent, does not mean you were not on un-supervised probation for your third offense dui charges.
2. If you were transporting a minor, or subject to a mandatory minimum sentence
Transporting a minor while driving under the influence carriers a maximum penalty of:
For a first offense, a maximum sentence of imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both
For a second offense with a prior dui conviction or dwi conviction, a maximum penalty of imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.
3. The State may file a "Subsequent Offender Notice"
The State can file a notice of intent to seek enhanced penalties during the prosecution of your case. If this notice is produced for the Court, the penalties under Maryland's DUI laws scale up quickly.
What are subsequent offender penalties for a Second DUI or Third DUI in Maryland?
Maryland Transportation Code Section 21-902 defines the penalties for DUI cases in Maryland. The penalties for repeat offenders are different for DUI vs DWI.
For a repeat conviction under 21-902(a) A Driving under the influence charge, there are a number of enhancements the State can seek at sentencing based on your prior convictions.
If you have a prior DUI conviction, or a DWI or * If you have a prior DUI conviction, or a DWI or drugged driving conviction from prior offenses within the last five years, you could be subject to a maximum sentence of imprisonment not exceeding 2 years and/or a $2,000 fine
If you have two prior driving under the influence, DWI, or drugged driving convictions from prior offenses, in ANY STATE, you could be subject to a maximum sentence of imprisonment not exceeding 5 years and/or a $5,000 fine.
If you have three or more prior driving under the influence, DWI, or drugged driving convictions from prior offenses, in ANY STATE, you could be subject to a maximum sentence of imprisonment not exceeding 10 years and/or a $10,000 fine.
There could also be mandatory minimum incarceration for DUI Offenders
Mandatory minimums are referred to as requirements by law that a person serve an active jail sentence. This means that the Judge must incarcerate you, or in the alternative, place you in an inpatient treatment center, or put you on home detention. These do not change maximum penalties in the same way that subsequent offender notices do.
In Maryland, a person who is convicted of a second 21-902(a) Driving under the influence of alcohol charge within five years of a prior conviction, is subject to a mandatory penalty of imprisonment for not less than five days.
A person is convicted of a third 21-902(a) Driving under the influence of alcohol charge within five years of a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.
There are additional requirements that a person complete an alcohol abuse assessment and participate in an alcohol program ordered by the Court as well.
If a person is convicted of a second or third 21-902(a) Driving under the influence of alcohol charge within five years of a prior conviction and refused an intoximeter test, they could be subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both. The Court cannot impose additional penalties for refusing a breath test unless the State's Attorney serves notice of the refusal on the Defendant or their attorney before
- Acceptance of a plea
- 15 days before trial in Circuit court or 5 days before trial in District Court
You may not have a prior conviction for the purposes of these enhancements
If you received a Probation before Judgment, or "PBJ" you may not have a prior conviction despite having a dui arrest, a dui charge, prior Maryland driver's license consequences, and even a trial.
What about my license?
You are likely to be facing a license suspension from the Maryland Motor Vehicle Administration when charged with a second dui or a third offense dui charges in Maryland. Your Driver's license can be one of the most important rights you have in Maryland, but license suspensions are sometimes unavoidable depending on the facts specific to your case. You may be required to install an ignition interlock device in your motor vehicle within 45 days of being charged per Maryland DUI law.
Below is a DUI License Penalty chart that explains what type of license suspension you could be facing from the Maryland Motor Vehicle Administration as a result of a second or third dui charge:
How should I prepare for Court in Maryland?
The first and most important thing you can do is hire a qualified attorney. Max Frizalone and [Luke Woods](https://The first and most important thing you can do is hire a qualified attorney. Max Frizalone and Luke Woods are experienced DUI lawyers who have helped many clients facing second and third DUI charges in Maryland.
Here are some steps to take when preparing for court:
Hire a qualified DUI attorney: As mentioned above, this is the most crucial step. Your attorney will help you navigate the complex legal system and ensure that you have the best possible defense. They will also be able to advise you on what to expect in court and help you prepare accordingly.
Collect documentation: Gather any documents related to your case, such as police reports, witness statements, and any evidence that could help your defense. Your attorney will review these documents and determine if they can be used to strengthen your case.
Attend alcohol education or treatment programs: If you have not already done so, consider enrolling in an alcohol education or treatment program before your court date. This can show the court that you are taking responsibility for your actions and making an effort to address any underlying issues that may have contributed to your DUI.
Prepare a personal statement: Your attorney may suggest that you prepare a personal statement to present to the judge during your hearing. This statement should express remorse for your actions, highlight any steps you have taken to address your alcohol use, and explain any personal circumstances that may have contributed to your DUI.
Obtain character references: Collect character reference letters from friends, family members, employers, or others who can speak to your character and your efforts to address your alcohol use. These letters can be submitted to the court as part of your defense.
Dress appropriately for court: Your appearance in court can have an impact on the judge's impression of you. Dress conservatively and professionally to show that you are taking the proceedings seriously.
Follow your attorney's advice: Your attorney is there to guide you through the legal process and provide you with the best possible defense. Listen to their advice and follow their instructions to help ensure a favorable outcome in your case.
Remember that every case is unique, and the specific steps you should take in preparing for court may vary depending on your circumstances. Consult with your attorney to determine the best course of action for your case.
By following these guidelines and working closely with your criminal defense attorney, you can increase your chances of achieving a favorable outcome in your case.
While facing a second or third DUI charge in Maryland can be challenging and stressful, it is essential to remember that you have the right to defend yourself and the opportunity to present your case in the best possible light.
Second DUI Maryland? Contact us.
We pride ourselves on being one of Maryland's most accessible law firms. Our 24 hour attorney line is always open for anyone with a second dui or third dui charge, give us a call and be directly connected with Max Frizalone or Luke Woods. We are more than happy to give you a free consultation and case review for your dui charge. Don't wait until the last minute to find the right attorney for your second or third dui charge. Failing to hire the right attorney could result in jail time.
The Criminal justice system in Maryland isn't kind to those who don't take their second dui charge or third dui charge seriously. Third DUI penalties can be severe, there's no time to waste while you are waiting for your trial. Call us or fill out one of our contact forms to request an attorney client privileged appointment today. Whether this is your second offense dui, third offense dui, or fourth offense dui, we can help make sure that you have the best dui defense attorney in your corner. We know the law enforcement procedures used to investigate these cases, and are highly regarded as dui attorneys.
What type of criminal defense could we put on?
Legal penalties are stiff for prior duis, and can be even worse if you display a high blood alcohol content. Don't let your repeat dui ruin your life. There may be reasonable doubt in your case that is overlooked. Just because you produced a breath sample over the legal limit doesn't mean your case is a lost cause. Some common dui defenses in second offense dui and third offense dui cases include:
- Improper administration of field sobriety tests
- Challenging an Officer's "opinions"
- Faulty accident reconstruction
- Actual physical control of your vehicle
- Breath testing inadequcies
- Lack of probable cause to stop a vehicle
Am I eligible for igntion interlock for my second dui?
Yes - a Maryland Driver who has a prior DUI can participate in the ignition interlock a second time; however, you may need to have the device for up to three years depending on how many prior offenses, and/or refusals you may have.
How do I find a Maryland DUI Lawyer near me?
To find a reputable DUI lawyer near you, start by searching online directories or asking for personal recommendations from friends or family. Look for an attorney who specializes in DUI cases and has a strong track record of success. Check client reviews, and schedule consultations to find the best fit for your needs.
Upper Marlboro Office
14513 Main Street, Ste B,
Upper Marlboro, MD 20772