Ocean City, Maryland Criminal Defense Attorney | DUI vs. DWI in Maryland

With temperatures rising and Memorial Day weekend having marked the unofficial start of summer, many residents of the Baltimore and Washington D.C. metro area will be heading to Ocean City, Maryland during the week and weekends. Whether grilling at a beach house or eating at a restaurant on the boardwalk, it's likely many people will be relaxing and kicking back with a drink or two. People have a tendency to drink more than usual in a relaxed, vacation environment and this could lead to the poor decision of getting behind the wheel. In 2011, over 16,000 arrests were made for driving under the influence in Maryland. It takes only one bad choice to completely change your life.

In Maryland, if you are pulled over for drinking or driving, you could possibly be charged with two types of offenses--a DUI (driving under the influence) or a DWI (driving while intoxicated). If you are charged with a DUI in Maryland, it means, among other things, that your blood alcohol concentration (BAC) posted at a level of .08% of higher. You could face up to one year in jail, and 12 points are automatically marked against your driving record, which results in an instant revocation of your license for six months. The monetary fine for a first offense DUI is $1,000. A second offense DUI could result in jail for up to two years with a mandatory minimum of five days. Your license will be revoked for one year and suspended for one year, there will be a 3-12 months ignition interlock period, 12 points will be marked on your driving record, and there is a $2,000 fine.

You can be charged for a DWI if your BAC is .07. For a first offense DWI, your license is suspended for 60 days with eight points are marked against your driving record. You could face up to 60 days in jail and the monetary fine is $500. For a second offense DWI, your license is suspended for up to 120 days, eight points are marked against your driving record, you could face up to a year in jail, and the monetary fine is $500.

Traffic related prosecutions, particularly DUIs and DUI-fatalities, are among the most complicated cases to handle. The highly experienced attorneys at Portner & Shure can begin working on your DUI or DWI case immediately to ensure your rights are protected. The committed attorneys will work tireless to build a strong defense and find weaknesses in the prosecution's case.

Baltimore, Maryland Traffic Ticket Attorney | Driving Without a License in Maryland

What is driving without a license in Maryland?

Driving without a license in Maryland can be distinguished from "failure to display a license." If you have a valid driver's license but simply failed to have it on your person when pulled over, you could only be charged with "failure to display a license." However, if you are charged with "driving without a license" in Maryland, it means as a resident of Maryland or as a resident of another state you do not currently have a valid driver's license.

What is the punishment for driving without a license in Maryland?

Driving or attempting to drive without a license in Maryland carries a maximum penalty of 60 days in jail and/or a $500 fine. A conviction for driving without a license will result in 5 points being assessed. The charge carries more time for subsequent offenders.

Can I just pay a fine online if I've been charged with driving without a license in Maryland?

Because driving without a license is an incarcerable offense, meaning that you can serve jail time if you are found guilty of the charges, it is what is referred to as a "must appear" citation. That means that this citation cannot be disposed of just by paying a fine. A driver that receives a ticket for driving without a license must go to court to resolve their case.

Can I apply for a driver's license if I am an illegal resident in Maryland?

Illegal immigrants in Maryland are now able to obtain what is called a "second-tier" driver's license if they meet certain requirements. These second-tier driver's licenses allow holders to drive on Maryland roads, register their cars, and obtain insurance. However, these licenses are not recognized by federal agencies and cannot be used for identification purposes. The words "Not Acceptable for Federal Purposes" is written across the top of the license.

If I am an illegal immigrant in Maryland, how do I apply for a second-tier driver's license?

In order for an illegal immigrant to obtain a second-tier license, an applicant must bring documentation to their driver's license appointment that proves three things: identification, Maryland residency and that the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years. 

To prove identification, an applicant can submit a passport. If the applicant is unable to provide a passport, the applicant can submit two of the following, one of which should contain a photograph not more than 8 years old:

• Foreign driver's license


• Birth certificate


• Identification card


• Employment authorization document

To prove Maryland residency, an applicant needs at least two of the following:

• Maryland vehicle registration or car title


• Utility bill


• Bank statement


• Life insurance card


• Property tax bill or receipt


• Proof of home ownership


• Mail from a government agency


• Credit card bill


• Cancelled check

To prove the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years, an applicant must provide two years of Maryland tax forms approved by the comptroller.

Should I consult an attorney if I have been charged with driving without a license in Maryland?

If you have been convinced to driving without a license, it is in your best interest to immediately consult an attorney. The highly-skilled, experienced attorneys at Portner & Shure will work diligently to obtain the most favorable results possible for you. For a free consultation, contact a Baltimore traffic ticket attorney at Portner & Shure.