Maryland DUI & DWI Defense Attorney

Maryland DUI and DWI Defense

A DUI or DWI arrest in Maryland is serious. Beyond the immediate criminal charge, a conviction can result in loss of driving privileges, mandatory alcohol education programs, ignition interlock requirements, increased insurance rates, and a permanent criminal record. At The Cohen Law Firm, Adam Sean Cohen has been defending Marylanders against drunk driving charges for over 30 years.

DUI vs. DWI: What Is the Difference in Maryland?

Maryland distinguishes between two levels of impaired driving under Transportation Article §21-902:

• DUI (Driving Under the Influence) — Driving while impaired to the extent that the person cannot drive a vehicle safely. A blood alcohol concentration (BAC) of 0.08% or higher creates a legal presumption of DUI.
• DWI (Driving While Impaired) — A lesser offense requiring proof of impairment, typically associated with a BAC between 0.04% and 0.079%, or impairment by drugs or a combination of drugs and alcohol.

Both charges carry significant penalties. DUI is the more serious offense and carries heavier potential sentences and license consequences.

Maryland DUI Penalties

Penalties for DUI and DWI in Maryland escalate with each prior offense:

• First DUI: Up to 1 year incarceration, up to $1,200 fine, 12 points on driving record, potential license suspension
• Second DUI: Up to 2 years incarceration, up to $2,400 fine, mandatory minimum 5 days if prior conviction within 5 years
• Aggravated DUI — Two prior convictions (§21-902(h)): Up to 5 years incarceration, up to $5,000 fine. Misdemeanor.
• Aggravated DUI — Three or more prior convictions (§21-902(i)): Up to 10 years incarceration, up to $10,000 fine. Misdemeanor.
• First DWI: Up to 60 days incarceration, up to $500 fine, 8 points on driving record
• Second DWI: Up to 1 year incarceration, up to $500 fine

MVA Consequences and License Suspension

Maryland's Motor Vehicle Administration (MVA) imposes administrative sanctions separate from any criminal court outcome. Under Maryland's implied consent law (Transportation Article §16-205.1), a driver who submits to a breath or blood test and registers a BAC of 0.08% or higher faces an automatic license suspension. Refusal to submit to a test carries its own suspension — 270 days for a first refusal. Drivers have the right to request a hearing before the Office of Administrative Hearings (OAH) to contest the suspension, and this request must be made within 10 days of the stop.

The Ignition Interlock Program

Maryland's Ignition Interlock System Program (Transportation Article §16-404.1) allows certain drivers to avoid or reduce suspension by installing an ignition interlock device in their vehicle. Participation may be required as a condition of driving privilege restoration, and in some cases a judge may order it as a condition of probation. Adam Cohen regularly advises clients on whether interlock participation makes strategic sense given their specific circumstances.

Probation Before Judgment (PBJ)

Under Maryland law (Criminal Procedure Article §6-220), a court may grant Probation Before Judgment (PBJ) in a DUI or DWI case. PBJ is not a conviction — it results in no finding of guilt on the record and no conviction for most licensing purposes. However, PBJ is not available in every case, and it carries probationary conditions. A second DUI or DWI generally cannot receive PBJ if a prior PBJ was already granted for a prior offense within a specified period. Adam Cohen works to secure PBJ where eligible and appropriate for the client.

Field Sobriety Tests and Chemical Testing

Law enforcement officers use Standardized Field Sobriety Tests (SFSTs) — including the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg-Stand — to establish probable cause for a DUI arrest. These tests are subject to significant challenges. Officer training compliance, proper administration, environmental conditions, and medical factors can all affect the reliability of SFST results. Similarly, breathalyzer results depend on proper instrument calibration, maintenance, and operator certification. Blood test results depend on proper collection and chain of custody. Adam Cohen scrutinizes every aspect of the testing process in every DUI case.

Common DUI Defense Strategies

• Challenging the legality of the traffic stop — was there reasonable articulable suspicion?
• Challenging probable cause for the arrest
• Attacking the administration and scoring of field sobriety tests
• Challenging breathalyzer calibration, maintenance records, and operator certification
• Challenging blood test collection, storage, and chain of custody
• Suppression of statements made without proper Miranda warnings
• Negotiating for reduced charges or PBJ where appropriate

Why Experience Matters in a DUI Case

Adam Sean Cohen has defended hundreds of DUI and DWI cases across Maryland's District and Circuit Courts. He is a Maryland Super Lawyers honoree for 10 consecutive years, holds an AV Preeminent® rating from Martindale-Hubbell — the highest peer review rating available — and carries a 10.0 Superb rating on Avvo. His knowledge of Maryland's DUI statutes, the MVA administrative process, and the science behind chemical testing gives clients a meaningful advantage at every stage of their case.