Maryland Prison Population in Decline

How much has it dropped?

Over incarceration has become a tent pole of national debate in America and the Maryland experience may have a lot to contribute to this debate. The Vera Institute of Justice collected, synthesized, and published numbers that confirm Maryland is amongst several other states that have seen a drop in their amount of incarcerated persons. This information comes from individual states and the Federal Bureau of Prisons with the data revealing that the Maryland prison system is on a downward trajectory since 2015. However, this is contrary to the experience of many other states. Approximately twenty other states have reported a steep increase in their number of persons in state custody. Many of these states have broken their own all-time records for number of incarcerated persons. This data shows the vastly different way states have been coping with the abnormally high prison incarceration rate in the United States compared to its European counterparts.

Maryland’s drop has been particularly noteworthy. In 2016-2017, almost 2,000 inmates exited state custody to hopefully begin a new life. This one-year drop is the biggest Maryland has had in a decade. Although this drop was steep, Maryland’s incarceration rate has been dropping for several years before these more astounding decreases. The 2016-2017 drop represents almost a 10% drop in the Maryland prison system overall. 

What is causing the drop?

The researchers over at Vera credit the criminal justice reforms that have taken place in Maryland for the dramatic decline. Most notably, the researchers credit Justice Reinvestment Act. This bill signed into law in 2016 by Governor Larry Hogan is credited as being the most substantial and comprehensive criminal justice reform bill in a generation. The reforms aimed to recue sentence for minor drug crimes, improve parole/probation polices, and eliminate mandatory minimums. The seismic shift in policy from the more “crime and punishment” view of drug-policing has yielded dividends. As mentioned above, the incarceration has dropped substantially. In fact, it has dropped almost double what the legislators who wrote the bill intended. Nearly 34 other states have followed Maryland’s lead and have or to intent to pass legislation akin to the Justice Reinvestment Act. Another interesting portion of the bill is that it mandates the money saved from its proposals into crime prevention.

What motivated the new legislation?

Pew Charitable Trust and the Bureau of Justice Assistance authored many of the reforms mandated by the Justice Reinvestment Act. These organizations launched the Justice Reinvestment Initiative as a tool to combat inflating prison populations. The initiative began in 2006 and has since influenced the criminal justice reforms of over 30 states. The cornerstone of the initiative was to convince states that these reforms were not “soft on crime”, but in fact reinforce safety. One of the cruxes of the report is detailing the failure the war on drugs has been and how it has contributed to an exorbitant prison population of people that could better be served by medical professionals. The comprehensive reports and statistics all support the idea that money spent on criminal justice and imprisonment could be used to benefit society better by reinvesting it into crime prevention.

The results are not that simple

The initiative was originally hailed as an across-the-board victory for states with the political power to enact such reforms. However, they have recently come under fire especially in Maryland. Critics of the initiative have accused it of being to blame for the rise in violent crime in Maryland. 343 homicides have rocked Maryland in the past year and have given critic the ammunition needed to chip away the legacy of Justice Reinvestment Act. Governor Logan, the signer of the initial bill, is advocating for more criminal justice reforms that may reverse some of the more progressive tenants of the Justice Reinvestment Act. The sweeping crime bill is in response to the increase in violent crime in Maryland which includes a record-breaking homicide rate and double the recorded shootings. The future of Maryland progress remains uncertain. The debate is a tough one. On one side, the reforms made to decrease the prison rate have worked and allow more crime prevention work to be funded. On the other hand, these reforms have correlated with the rise in violent crime. Additionally, it is possible that these two trends have very little to do with one another, but only time will show how this debate will play out.

How are other states doing?

The decrease in Maryland’s incarceration rate has been easily the most successful in the country, perhaps, rivaled only by the state of Louisiana. The reasons for this are mentioned above, but it is worth noting the experience of other states that have not been as successful. From 2016-2017, twenty states have increased the number of persons in state custody. At the top of the list is Tennessee. The Tennessean incarceration rate jumped 6.6% resulting in approximately 1,000 more prisoners than the year before. The runner-up is Kentucky with a 3.7% increase or just under 800 more prisoners. The rise is attributed to an antiquated way of understanding non-violent drug crimes. While the northeast and the west flirt with legalization of marijuana, greater emphasis on medical attention, abolishment of mandatory minimums, and reducing mandatory minimums, southern states have continued down the trek of contextualizing drug crimes as worthy of incarceration. Those states continue to wage the war on drugs (not to say that states with lower incarceration rates have stopped the war on drugs entirely, but certainly there has been a rollback) and in 2017 that will inevitably lead to higher volumes of prisoners. The states in-question have been buoyed, however, by the rise in violent crimes in Maryland. Opponents of the Justice Reinvestment initiatives proclaim their connection to be logical and as such they are not be ashamed of their high incarceration rate. In fact, some officials boast of their high incarceration rates believing them to be necessary to protect their jurisdictions. The truth of this is far from sure and the debate over incarceration continues to be an important touchstone of state policy.  

Drunk Driving: The International Experience

Why it is important to look at the world experience

The United States has a unique history with drunk driving, but it is worth taking a few moments to look at the experiences of other nations. Drunk driving is as old as the invention of the automobile and poses a problem everywhere. Many interesting facts and debacles have erupted from the issue of drunk driving. Nations across the world have responded differently to the unique facets of drunk driving. From other nation's triumphs and failures, we can better understand the societal and economic forces that promote such behavior.  

Columbia

In 2013, a number of grisly drunk driving incidents rocked Columbia and provided the impetus for a radical change in the way the Columbian police punish inebriated driving. Much like the Americans, Columbians did not think much about drunk driving in the beginning. There was little to no stigma, especially in the rural places where driving is a necessity. This does not mean urban places were immune from the troubles caused by influenced driving. Zona Rosa del Sur, a party district in Bogota, was notorious for the sheer amount of drunk driving incidents that occurred there on weekends.

The country sought to bring the issue front and center by launching a mass media campaign to change the way Columbians think of drunk driving. The campaign was by-all-metrics successful, but as, mentioned above in 2013 notable drunk driving incidents caught national headlines. These headlines lead politicians to enact laws that more severely punished offenders. The idea was the more severe punishment would deter Columbians from making the potentially deadly decision to get behind the wheel under the influence.

The new punishments imposed were tremendous. Any person caught drunk driving for the first time would be given a fine of $880. This may not seem stiff to Americans, but in Columbia the minimum monthly wage is $300 a year. Due to a very high economic inequality rate, most Columbians would be dealt a severe economic blow from which it would be difficult to recover from if they were caught drunk driving even once. This shows the seriousness with which the Columbian government takes the issue of drunk driving. Third time offenders with high-volumes of alcohol in their system will be fined nearly $15, 000 and will suffer the revocation of the individual’s license for twenty-five years.  

    

Poland

Poland has one of the worst road safety ratings in the European Union and this is in large part due to the prevalence of influenced driving there. In response to this issue, the Prime Minister of Poland announced legislative changes to require greater penalties for those caught driving drunk. Before the Prime Minister’s announcement, Polish drunk drivers would get almost exclusively fined or suspended sentences even for repeat offenders. The new reforms will see repeat offenders receive jail time. The leader also signaled that Polish officials will eventually consider making ignition breathalyzer mechanisms mandatory for every vehicle in Poland.

One specific incident in Poland became the posterchild for enforcing more severe standards and fines. In January of 2014, a drunk driver lost control of his vehicle and careened into a group of pedestrians. The driver killed six people including one child. This incident brought the issue to the forefront and the attention of the Polish people. Currently in Poland, the more severe punishments passed overwhelmingly back in 2015. As in Columbia, the more severe punishments and the stigmatization of drunk driving by the media and society-at-large has led to great improvement nationwide.

Interesting Tidbits from Other Nations

The examples of Columbia and Poland are very familiar to us in America. Media campaign and notable incidents raise awareness and stigmatize the act of inebriated driving. Then, legislation follows making punishments more severe. However, other countries have done things that might sound less familiar to us here. For example, Australia publishes the name of those drunk drivers who maim or kill people due to their negligence. This naming goes on for weeks and is meant to promote the shaming of those whose negligence results in maiming. Similar things have been done in the United States, particularly in Texas were public shaming has been used before to deter drunk driving.

Something that is completely foreign to us is the idea of punishing others, not involved in the incident. In Malaysia, when an individual is caught drunk driving their spouse can be in just as much trouble as the driver. The idea behind this law is that drunk driving is a crime that effects innocent people. Therefore, the law is justified in effecting an innocent person in connection to the individual who committed the crime. This is an extreme example, but drunk driving not only violates the law of man in Malaysia. The consumption of alcohol in-general is disallowed in Malaysia. Malaysia is an Islamic country and alcohol violates Sharia law. The consumption of alcohol is considered “haram” or against the teaching of Islam.

Turkey and Saudi Arabia also have more severe punishments for driving under the influence than the United States. In Turkey, drunk drivers can face big fines and serious jail time. They can also face periods of intense and intrusive monitoring and be forced to walk twenty miles home from the police station the night they were caught. Saudi Arabia does the same as Turkish police, but they add the potential for flogging. The government reserves the ability to flog people for getting caught drunk driving. These extra punishments are justified there because these offences also offend their religious laws and are thereby considered even more serious than they are here.

Takeaways

Although no silver bullets exist in combatting drunk driving, it seems the greatest lesson from international experience is that the most important thing is attention to the issue. Media campaigns are the real heroes of this issue. Fines and punishments are an important element to deter drunk driving, but media attention and educational programs are the crucial ingredient in limiting drunk driving rates. Some other nations widely differ in the way they punish drunk driving, but it seems that the vast majority of the world has come to a place where drunk driving is a recognized public safety issue. This might not seem like a big deal, but the recognition of drunk driving as something that needs to be condemned and regulated was not always a given.

Drunk Driving and Teenagers

Teenagers and Drunk Driving

Historically, a major threat to teenagers in the United States is drunk driving injuries and fatalities. There has been great improvement on this issue. Since 1991, drunk-driving incidents involving high schoolers has dropped by 54%. 

However, many high schoolers continue to drive drunk. Alcohol is attributed to have caused or been a factor in 40% of all teen deaths in vehicular accidents. Teen drunk driving, by some estimates, every fifteen minutes a teenager will die from a drunk driving incident. 

Lastly, 60% of all teen car crashes are alcohol-related and 1 in every 10 American teenagers will drive under the influence of alcohol.

Alcohol is a big part of teen communities and therefore some statistics should be absorbed to understand the gravity and prevalence of alcohol-use in teenage communities. In 2003, the average boy tries his first tries of alcohol at 11 and the average girl at 13. On an average day, 11,318 teens will try alcohol for the first time. 

Alcohol abuse is more likely for those who begin drinking regularly before 15 years old. Lastly, three million American teens are alcoholics. These statistics show that alcohol is a big part of growing-up and holds a hallowed place in teenage communities. This must be tempered with policies that help to combat the potential threat teenage drunk driving can pose to the teenage community as well as the community at-large.

Zero Tolerance Laws

The tremendous drop in teenage drunk driving shows that effective strategies do exist o combat this specific threat. One of the most effective are known as “zero tolerance” laws. Zero tolerance laws are designed to deter drunk driving by making it illegal for all under the age of 21 to imbibe any alcohol at all and drive. 

This means in a jurisdiction where zero tolerance laws have been enacted, if someone under the age of 21 has any modicum of alcohol in their system, they will be considered to be driving drunk. The research has shown that laws like these have been effective in reducing drinking and driving crashes involving teenagers. 

The classification of these types of offences can vary depending on the jurisdiction in which the violation occurs. Some jurisdictions classify them as administrative infractions while others consider these offences are misdemeanor crimes. The facts of the case also play a role in what penalties are doled out.

The penalties, in cases such as these, can vary depending on how the state classifies the violation and the individual facts and circumstances of the incident. In many cases underage drivers with alcohol in their system can face: fines fluctuating from a few hundred to a few thousand dollars, up to a year in jail, community service, substance abuse classes or treatment, and/or having to install an ignition interlock device. Although most often underage DUI penalties are less severe than normal DUI penalties, they can still have major repercussions in a young person’s life.

Less Known Adverse Effects of an Underage DUI Conviction

All young people should be aware of the extent to which a DUI can affect their life. Yes, underage DUIs can cause fines and even jail time. However, there can be other adversities posed by such a conviction. 

Applications to colleges and universities can be compromised by an underage drunk driving conviction. Most undergraduate institutions have a section in their application process devoted to crimes and infractions. On a college application, a misdemeanor can be lumped in with more serious crimes. 

Therefore, whether the underage DUI is a misdemeanor in that teenager’s students state can be a big deal for any potential students. It is true that underage DUIs do not necessarily disqualify you from getting your undergraduate degree, but it can be a factor that is given significant consideration and can materially hurt a teenager’s chance at an acceptance.

An underage DUI can potentially affect your ability to get certain types of employment. However, it is not common that an underage DUI (assuming it wasn’t followed with a pattern of irresponsible behavior and that offence occurred a number of years ago) will not substantially affect your search for employment. 

Again, this can depend on whether your state considers violation of zero tolerance laws a misdemeanor or merely an administrative infraction. Background checks are common for many employment applications and thus it is essential to be aware of your state’s policy on if they have a zero tolerance law on the books and if so how stringent it’s penalties are.

What Can Be Done to Avoid all of This?

First and foremost, teens must take the responsibility unto themselves to comport with behavior that minimizes the risk of being in alcohol-related vehicular accidents. Perhaps the most important thing teens can do is to not drink and drive. Teens should also not ride in a vehicle with another teen who has been drinking. In fact, they should make reasonable attempts to dissuade other teens from driving inebriated. Furthermore, obey the speed limit, don’t text and drive, and put on your seatbelt. All of these steps will make teens safer on the roads and hopefully will not only diminish drunk driving rates as well as promote safe driving in general.

Second, parents must be the vanguards of safety for their children and make reasonable efforts to ensure responsible behavior. Parents must understand that teenagers will drink and when they do they may be doing so to get drunk. Parents should also understand that drunk driving is more dangerous for teenagers than adults, in large part, because teenagers aren’t used to drinking and knowing their alcohol limits. Studies show that an effective way to respond is not to enforce draconian rules for your kids, but rater give them options. Offer to give them a way to get home safe and sound. This may be done by picking them up or sending a cab to get them. It is essential that teenagers do not feel desperate to hide their drinking as this is what often underpins desperate behavior. Lastly, be a good role model for your teenager by always adhering to the rules of the road.

How Much Does a DUI Lawyer Cost? DUI Lawyer Advice

Ignition Interlock Program

What is the Ignition Interlock Program?

The Ignition Interlock Program was made to help limit the ability of those under the influence of alcohol to drive a vehicle. When an individual is in the program, a device is installed in their vehicle.

This device will only allow the driver to start the ignition of their vehicle when they are sober. Ideally, this would result in a reduction in the number of inebriated drivers on the roads and streets of Maryland.

The device installed in the vehicle has a mouthpiece that must be blown into by any prospective driver. This mouthpiece connects to the ignition of a particular vehicle and will only allow the vehicle to be turned on when breathed into by a person who does not have alcohol on their breath. 

The mouthpiece, when breathed into, connects to a component to the device that will analyze your breath to determine if the person is over the limit of inebriation.

This limit is measured by the blood alcohol content (BAC) which is the same measure the police use when stopping and testing drunk drivers.

The BAC required to disallow the vehicle’s ignition from starting is .025%. This is a lower BAC, then what is needed to arrest an inebriated driver for a DWI or DUI. 

The device also keeps records of all of it’s interactions with users and other types of information that will be reviewed by the service provider every thirty days. 

Lastly, the device will also ask for retests at certain points during your drive to ensure safety. The retests do not require the car to be stopped and can be done with little effort during your drive.

The Ignition Interlock Program and Maryland

Drinking and driving is a serious issue in America and results in property damage, injury, and fatality. In Maryland, roughly a third of roadway deaths are a result of impaired driving. The state averages 7, 884 impaired riving crashes annually. 

Additionally, 171 fatalities and 4,026 injuries occur every year in Maryland as a result of impaired driving.

Maryland established the Ignition Interlock Program in 1989. It is administrated and monitored by the Maryland Department of Transportation’s Motor Vehicle Administration (MVA). The program has evolved since its inception. Currently, the Ignition Interlock Program is entirely automated.

This allows the MVA to monitor the participants of the program efficiently and effectively. The MVA also makes use of automation in taking action against program violators. 

Maryland Vehicle Law and the Code of Maryland Regulations mandate the requirements for “participation, the standards for certification, installation, repair and removal of interlock devices, the eligibility requirements for participants, and the standards for Service Providers.”

How do Driver’s Get into the Ignition Interlock Program?

Under normal circumstances, an individual is enrolled in the Ignition Interlock Program after some kind of drunk driving incident. An accused individual can elect to enter the program for a number of reasons, but the most common one is that it can be evidence used to show good behavior or a change of heart for the Court.

If the individual is eligible, the drunk driver can opt into the program thereby becoming a participant in the Ignition Interlock Program. Participation in the program is an alternative to requesting a hearing or upon the suspension or revocation of your driver’s license. On October 1, 2016 Noah’s law was enacted which would require certain offenders to enroll in the program.

These offences include DUIs, DWIs while transporting a minor under the age of 16, driving while intoxicated with an initial breathalyzer test refusal, and homicide or life-threatening injury by motor vehicle while DUI or DWI.

When you elect to participate in the Ignition Interlock Program, an individual will be enrolled for a certain amount of time. When you submit a test indicating a BAC of at least 0.08 but less than 0.15, you will be enrolled for 180 days. This term will 1 year if the test submitted indicated a BAC of 0.15 or higher. The term will be the same if you refuse to submit to the test.

What are Violations of the Ignition Interlock Program

For those who elect or are required to enroll in the Ignition Interlock Program, they must adhere to the requirements of the program or otherwise risk failure or addendums to their term of enrollment. One such violation is the failure to have the device installed in their car and obtain a license that reflects that they may only operate a vehicle that possesses an ignition interlock device.


Another is the failure to appear at the monthly monitoring visits or to operate a motor vehicle not equipped with the ignition device. Some more violations include: failure to abide by terms and conditions of the service provider, tampering with the device, or attempting to start a vehicle with a BAC greater than .025%.

The Cost of the Ignition Interlock Program

All participants in the program are responsible for all expenses incurred by participation in the program. The MVA charges a fee for obtaining a special license that notes the participant may not drive a vehicle that does not have an ignition device.


The MVA also charges a fee to correct the participants license after completion of Ignition Interlock program. Lastly, the installation and monthly servicing cost are charged to participants. These costs may vary.

How Long Does the Program Last?

When an individual receives information about the program, the information should include the minimum amount of time so that the program may be completed. However, this time period is subject to change.

Violations of the program’s rules and guidelines can result in change in terms. Therefore, an individual’s term in the program can be increased by violations. Duration in the program can also be increased by other driving incidents.

Another important note is that credit toward Ignition Interlock Program achievement will not be given until the ignition is installed in the individual’s vehicle and have obtained a restricted license. The program is only officially completed when a letter is sent by the service provider of the Ignition Interlock Program to the MVA.

Uber and Drunk Driving

Does Uber help drunk driving statistics?

The rise of Uber and other alternatives to traditional taxicab services have led to claims that such services have been responsible for a drop in the national drunk driving incident rate. This claim has been promulgated by Uber itself who claim, “Services like Uber—where passengers push a button and get a ride in minutes—are helping to curb drunk driving.”

However, the American Journal of Epidemiology (“AJE”) believes the real story is a little more complicated. The AJE conducted a survey that was notable for examining the effect Uber has on different cities as opposed to the more conventional academic approach of compiling and analyzing statistics nationally. 

So, did the AJE find that Uber and other rideshare services have helped deter drunk-driving incidents. The answer is complicated.

Uber Does Help, Sometimes

The tempting assertion to hail Uber as a hero in the struggle against drunk driving is tantalizing. Uber, seemingly, would give potential inebriated drivers access to convenient, low-cost transportation. 

Why would someone drink and drive when given the readily-available alternative presented by ridesharing companies? Well, these assumptions are based on a few false premises. To begin, the argument that Uber presents a low-cost alternative to driving drunk is unsubstantiated. 

As the AJE puts it, “because drivers are unlikely to get caught drinking and driving, paying for a rideshare service may still be far more costly than driving drunk for many individuals.”

Drunk-drivers are motivated to drive home inebriated because they believe they will not be caught. This means just because uber is inexpensive does not mean that it will deter people from drunk-driving. 

When an inebriated person makes the decision to drive drunk, they might be doing so to avoid Uber costs all-together. In other words, Ubers might be relatively cheap, but more often than not they are not cheaper than just taking your car home.

The Assumption of Rationality

Another fallacy the presumption Uber helps lower drunk driving incident rates rests upon the assumption of rationality. The AJE writes, “the average inebriated individual contemplating drunk driving may not be sufficiently rational to substitute drinking and driving for a presumably safer Uber ride.” 

It is fair to assume that most drunk-drivers make the decision to drive under the influence of alcohol when already inebriated. While under the influence of alcohol, decision-making prowess and rational thought can be compromised. 

Therefore, it cannot be assumed that most drunk-drivers are operating under the same level of rationality as they would while sober. This loss of rationality makes it unreasonable to assume people will make the smart decision and call an Uber.

Ubers are Substitutes for Taxis, but Not for Drunk-Driving

Another presumption made by those who believe Uber to be lowering drunk-driving rates is that Uber will be used as an alternative to drunk driving. It was mentioned above that Uber’s convenience is what may make it a plausible alternative to driving home under the influence. This presumption is unsubstantiated.


Uber is not a substitute for drunk-driving and is merely a substitute for public transportation, walking, or taxis. A potential drunk driver often does not see Uber as a viable option for a few reasons. One of the biggest reasons, is the inconvenience of leaving their car where it is rather than taking it home. 

It is inconvenient for a drunk person, who used their car to get to the area in which they now seek to leave, to leave it there overnight because they feel they are under the influence. Therefore, more often than not, Uber does not eliminate the inconvenience of leaving your car somewhere far from where you want it.

How the AJE Conducted Its Experiment

Now that some presumptions have been challenged, it is time to delve into the experiment itself and its results. The AJE conducted this experiment in Las Vegas, Portland, Reno, and San Antonio. These cities were picked because they are urban environments and Uber had launched, ended, and then resumed operations there at some point. 

The study wanted to test the claim made by Uber asserting drunk-driving had been curbed by their company. It is clear immediately one of the biggest limitations this test suffers from. They do not represent and do not purport to represent anything other than urban environments. 

The researchers sought to analyze the data from the first five years of Uber’s presence in the city and come up with evidence that either supports or disagrees with the claims made by Uber.

What are the Results?

As mentioned above, the results are complicated. It seems for now Uber is partially correct in their assertion, but not entirely. Uber has helped curb drunk driving in some places, but not others. Thus, it is an oversimplification to claim that Uber curbs obesity. 

To start, crashes involving alcohol lessened as Uber resumed its presence in Portland and San Antonio. Reno does not show any less car crashes as a result of drunk-driving. Las Vegas showed more positive numbers as a result of Uber’s presence than Reno, but the prevalence of Uber use in 

Las Vegas is much higher due to the constant influx of tourists. In sum, Uber does help curb drunk driving in the right circumstances.

What Circumstances Does Uber Lower Drunk-Driving 

In urban environments, there can be many factors that allow Uber success in deterring drunk driving. As mentioned above, high influxes of tourists normally indicate greater usage of ridesharing services like Uber. Cities that have less tourism seem to have not been affected by Uber’s presence as the majority of people simply use their vehicles to get around resulting in more instances of drunk driving. 

Other unique variables exist such as topography and availability of public transportation. Traffic and population density are big indications of whether Uber will have success in curbing drunk-driving, as people are more inclined to travel by Uber in high-density areas. 

Thus, Uber’s claim that they help lower drunk-driving rates is not exactly correct and not exactly wrong. Certainly, other factors exist outside of Uber’s control and thus those looking to deter drunk-driving should look to what other successful cities have that they do not have.

Expungements: What to Expect When you have Violations on your Driver’s License

What can you get expunged from your driving record in Maryland?

When a person has been convicted of a DUI they may want to think about getting it expunged from their driving record. If you have been convicted of a DUI in Maryland, you cannot get it expunged. 

Expungement, here, means for something to be removed from your driving record and thus this is not in reference to criminal records which is a different issue. Some of the things that can be expunged are moving violations and parking violations.

The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA), as of October 1, 2017, will automatically expunge your driving record when the violations become eligible. 

This is in accordance with recent changes in Maryland law.  Previously, someone with points on their license would be required to apply for an expungement. 

This process has been simplified in the interest of helping convicted driver’s move on with their lives and not live with their mistakes effecting their ability move for inordinate amounts of time. However, the MVA does not expunge violations that involve driving under the influence specifically stating that a violation involving alcohol cannot be expunged.

What are the benefits of expunging points from your violations record?

There are no downsides to getting your violations expunged from your driving record. Your driving record is maintained by the state of Maryland so that they may ensure safety and other forms of good driving behavior on the roads. 

When you get your license in Maryland, you must follow the laws of the state or face fines and, if your conduct is severe enough, even jail time. The rules of the road can vary and include speed limits, parking rules, amongst many others. When you break the rules of the road, you can be given points on your license.

These points are tracked by the state and can result in license suspensions of even license revocations if they exceed a certain number. In Maryland, 3 or 4 points will result in a warning letter being sent to you by the MVA. If you reach 8 to 11 points, your license will be suspended. 

Once you have accumulated 12 points on your license, your license will be revoked. A DUI can result in a great many points on your license depending on the severity of your incident, if children were in the car, or if this latest incident shows a clear pattern of destructive and dangerous behavior. 

Clearly, if you have had violations it would behoove you to have it expunged from your license to get those points off removed. Thanks to recent Maryland law, this will be done automatically for you at the time of your expungement eligibility.  

What can you get expunged?

Driving record expungements work differently depending on the what violation(s) have been committed. Violations involving driver safety are treated more severely than other violations that merely implicate orderly driving. For instance, parking violations are not treated similarly as DUIs. 

This is reflected in the points given for the respective violations, but this is also reflected in the length of time the violations stay on your record.

When a driver has never been suspended for driver safety related violations, have never had their license revoked, and have no moving violations their record will be expunged within 31 days of their last conviction date. 

For drivers who have been suspended several times for reasons related to driver safety or who have previously had their license revoked all record entries will be expunged in 10 years after the last moving violation, conviction date, or grant of probation before judgement. 

As you can see, the amount of time you must wait for expungement eligibility can vary depending on the violations. These are the two extremes and therefore several eligibility-waiting periods exist between them.

What about DUI or DWI expungement?

There are certain violations that cannot be expunged under any circumstances. One of the more notable non-expungeable violations include anything related to a fatal accident. Another non-expungeable offence is a DUI or DWI. Once convicted of either crime it will stay on your license and, according to Maryland law, will not be removed under any circumstances. 

The reason these violations are kept on driving records is because of the seriousness of the infraction. The punishments DUI or DWI offenders face can be very serious.

At the very least, the influenced-driver will be subject to serious points being put on their license. If you do not think this is serious, it should be remembered that people use their cars for everything including going to work and getting groceries. 

Some people even drive as their work. DUI points can put someone’s entire lifestyle in jeopardy. Additionally, this punishment underpins the seriousness with which Maryland takes the problem of intoxicated drivers. 

An alcohol-related violation can follow you forever and the state knows that this fact can act as a deterrent on any such behavior.

  

What about those with holding a commercial driver’s license?

For a commercial driver’s license, the Maryland law mentioned above will govern. This being, that for any violations they automatically be expunged when the violation becomes eligible. 

This is good for those that have commercial driver’s license. Before, one would need to seek expungement once they become eligible for such action. As of October 1, 2017, expungements no longer need to be sought and will be granted automatically once eligible. 

It is worth noting that if the individual seeking expungement has their license suspended at or near the time of expungement, eligible violations will be delayed up to 31 days following the rescinding of the suspension.   

What violations are not related to driver safety?

As mentioned above, what is and is not considered driver safety can make the difference if you want your public driving record clean. Driver safety is one of the major goals of transportation laws and codes. 

Thus, to ensure safety on the road a harder stance needs to be taken on the violations that can create a dangerous driving environment. 

Violations that are not related to driver safety are outstanding arrest warrants, failure to pay for motor fuel, improper use of a driver’s license or identification card by a minor to obtain alcohol, and noncompliance with traffic citation issued under federal law. These, amongst others, are not considered safety violations. 

Maryland DUI Per Se Explained

What is Maryland DUI Per Se?

Many people are aware of DUIs and DWIs. These acronyms are so famous (or infamous) people who have never experienced either could probably tell you at a moment’s notice with little hesitation exactly what they mean.

However, if you are a Marylander you likely will not know that a third major impaired driving offense is on the books. 

A DUI per se charge has changed the way impaired driving is litigated in Maryland. Therefore, Marylanders should be aware of the ways DUI per se chargers differ from its brethren.

How a DUI Per Se Works for the State

The DUI per se law is an instrument of the state and is often utilized as a means of getting tough on impaired driving. Maryland is not the only state with these per se laws on the books and thus this discussion carries weight in many other places around the country, but this post is geared toward Marylanders. 

Primarily, what you should know about DUI per se laws is that they make it easier for the government to prevail on its claim that a certain individual has driven impaired. 

The per se legal mechanism is meant to deter the act of impaired driving by increasing the likelihood of repercussion for individuals who drive irresponsibly by categorically declaring all those above the legal limit of impairment to be in violation of the law.

What DUI Per Se Means for You

So, what does this look in real life? Well, normal DUI’s call for a tougher threshold of evidence. A normal DUI charge requires that the alcohol or drugs that have allegedly compromised a driver’s cognitive ability must be shown to have affected your mental or physical acumen. 

In other words, to make the case against a driver under a DUI charge, the state would have to show objective deficiencies in driver behavior or ability. 

This can be shown by a law enforcement agent having observed a vehicle swaying or being operated erratically in some fashion. 

This can also be shown by certain examinations when your vehicle has been stopped such as a field sobriety test or any displays of slurred speech. It is clear that the emphasis is on the driver and the quality of their driving.

DUI and BAC, What Does it All Mean?

The DUI per se charge switches the emphasis from driver/driving quality to a formulaic measurement of an individual’s blood alcohol content (BAC). If you are shown to have had a BAC that exceeds the .08%, you will likely be given a DUI per se charge. 

So, how is this different than a normal DUI? Well, if a driver is found to have a BAC that is higher than the legal limit, then that is the ball game. There is no need for the state to show that it had any effect on your driving, or that it impaired your speech, or that you failed a sobriety test. 

It is an easier process for the state because it relies on objectively measurable data, but it also sheers away the extra evidence required in a normal DUI proceeding.

More About BAC

Now you might be asking yourself, how is BAC measured. BAC is measured by a blood test that you will be submitted to upon reasonable suspicion of impaired driving. When you get your license, it is assumed that you have been put on notice that you will be required to submit to such a test if you are alleged to have driven impaired. 

Another test used to measure BAC, is a breath test. This often uses a breathing apparatus which contains chemicals that react to the level of alcohol in your system. Again, when you receive your license it is assumed that you have consented to such tests. 

This legal concept is called “implied consent.” Briefly, implied consent here means that the above tests are part of the agreement you make when being issued a driver’s license by the state. This means you will face consequences for refusing to take the test when requested to by a law enforcement officer. 

In Maryland, if you refuse to submit to either a breath test or a blood test, you can be given a fine and an immediate license suspension. The first refusal typically results in a 120-day suspension, but a second refusal often results in a year suspension.

The Process of a DUI Charge

If you ever have to face a DUI per se charge, then your experience will likely go something like this. DUI per se charges carry with them a unique proceeding along with the potentially criminal charges. These proceedings are overseen separately by the Motor Vehicle Association (MVA). 

They adjudicated by administrative law judges from the Office of Administrative Hearings. Unlike, in a potential criminal case, these adjudications will happen quickly and overwhelmingly result in the suspension on the accused’s license. This is regardless of what happens in any other parallel proceedings.

Proving a DUI in Court

Now these laws have not gone without their fair share of criticism in some legal and advocacy circles. Many believe that the amount of proof required in a normal DUI proceeding is what should be required to show and DUI per se charges are a shortcut meant to deter drunk driving, but really deprive accused drivers of fairness. 

These critics insist that actual effects on the driver and/ or their driving should have to be shown. Additionally, the critics believe that the field sobriety test, talking, and walking are necessary precursors to any proper impaired driving accusation. 

Advocates that support DUI per se laws believe that merely showing a person has a higher than allowed BAC is sufficient evidence to show wrongdoing. These laws are favored by those that seek to deter drunk driving by getting tough on those that commit such offences.

Finding a Maryland DUI Lawyer for Your Charges

At the Law Offices of Randolph Rice, we represent our clients zealously and with an appreciation for both sides of the debate. Whether charged with a DUI or a DUI per se, we know how to best represent your interest in the courtroom or any other proceedings imposed as a product of the state’s allegations. 

We have decades of legal experience at our firm and know how to navigate drunk driving offences. Come in today for a free consultation.

A Brief History of Drunk Driving in America

Alcohol induced injuries have always been a part of society, but the introduction of the automobile has presented unique issues that require a high level of knowledge and experience to navigate.

Originally, automobiles were fairly unregulated. Few people owned cars and as such it was not a high priority to have them under the thumb of law enforcement. 

As cars became more prevalent, it became obvious regulation was essential. In the 1930s, waves of regulation hit the automobile industry and laws were enacted to control the use of an automobile by individuals. 

Indiana became the first state to pass drunk driving legislation. They instituted a maximum blood alcohol content (BAC) of .15% which doubles the BAC limit today

This was truly revolutionary as it was the first legislation that said individuals need to be beneath a certain level of drunkenness to operate their vehicle.

Drunk Driving In the News

Drunk driving was not the stuff of front page news, but two high profile incidents were exceptions. The first was the death of Margaret Mitchell, the writer of Gone with the Wind. She was killed crossing the street by a driver who admitted to having had been drinking. 

Although, this was never proven to the standard we require today, colloquially it is considered the most infamous death attributed to drunk driving in the first half of the twentieth century. 

Next, and perhaps even more infamously Teddy Kennedy drove off a bridge on Chappaquiddick Island. This resulted in the death of May Jo Kopechne who died in the submerged car. It is widely speculated that Ted Kennedy, an alcoholic at the time, was drunk while driving the car. 

These infamous incidents shed light on the problem of drunk driving in America, but respectively each incident failed to gather enough steam to necessitate change.

Legislation that Changed How Drunk Driving Was Viewed

In 1968, The Department of Transportation published a study that found nearly half of the recorded auto fatalities in the United States were in part of entirely due to alcohol impaired motorists. However, by the 1970’s drunk driving incidents continued to be out of control and had reached a level of widespread cultural acceptance. 

The 1980’s brought about remarkable changes. Cari Lightner, a young girl, was killed in California by a drunk driver. This driver had recently been arrested for causing the death of another due to drunk driving.

Formation of Mothers Against Drunk Driving

Lightner’s mother began the group that would become known as Mothers Against Drunk Driving (MADD). After a lifetime movie about the incident, public support for the organization grew tremendously. MADD changed the way people viewed drunk driving. 

Early on, many thought drunk driving was just one of those things that happened. It was not encouraged, but it was not given the contemptuous treatment it receives today. MADD’s aggressive campaigning lead to nearly 700 new drunk driving laws nationwide and was instrumental in stigmatizing drunk driving. 

MADD has also been partly attributed with raising the drinking age to 21 while before them it was 18. This was a major shift in American culture. Despite, how controversial the age-raising was it seemed to work as soon The United States Experienced a drop in drunk driving deaths. These sentiments have been proven over and over again by countless scientific studies conducted by the Center for Disease Control, National Academy of Sciences and even the Insurance Institute for Highway Safety.

Measuring Drunk Driving

So, clearly the situation is better today than it used it used be. This is in large part due to the trailblazing work of activities and receptive legislators, but perhaps no greater improvement to the drunk driving dilemma exists then the invention of the breathalyzer. 

This tool has changed the game and become a instrumental for any police officer looking to keep the roads free of drunk driving. Back in the 1920’s, Dr. Emil Bogen conducted a landmark study showing that drunkenness could be measured by determining what is now known as blood alcohol content (BAC). 

Dr. Bogen’s invention held sulphuric acid and potassium dichromate in a bladder-like mechanism. After an individual breathed into the apparatus, the shades of color that would result from the chemical reaction would indicate how much alcohol had been introduced into the bladder. 

The invention was groundbreaking, but not practical as it lacked mobility and ease of use. This lead to an arms race of inventors who knew that there would be a tremendous market for a portable measure of drunkenness. These attempts were plagued by missteps and even steps backwards. 

These devices were subject to wide-ranging criticism by many who believed them to be inaccurate. Even in the scientific community, false-positives became a flashpoint of controversy for makers and distributors of any such tests.

Breathalyzer in Use Today

It was at this moment; the breathalyzer became popularized. Robert F. Borkstein, a police photographer, became enamored with such tests and sought to perfect them. It took Borkstein approximately seventeen years to invent, but it immediately revolutionized the field. 

It was lightweight and portable. As such, it could be used by a police officer patrolling their beat or watching the highways. Additionally, it was light years ahead of its competition in terms of usability. Untrained police officers could use the device easily as it was quite simple to operate. 

The breathalyzer became used all over the country in many different police departments. However, this does not mean controversy around the device abated. There was great resistance to the device especially from lawyers who felt it was “push- button justice” and many other who felt that a police officer was a better judge than any machine at detecting drunkenness. 

The above-mentioned Department of Transportation study came along and greatly reinforced the need for law enforcement to be equipped to handle and deter drunk driving. Over the next two decades, the breathalyzer test has become synonymous with protecting pedestrians and fellow drivers by ensuring drunk driving has no refuge in the United States.

Today things have changed a lot

Drunk driving laws are strictly enforced by police and can result in some hefty fines or even jail in severe cases. Such laws are responsible for saving many lives and thus are a welcome addition to American rule of law. 

It is important for you to know what the laws are in your jurisdiction. Nobody is perfect and if you are charged with drunk driving you should know what to do. At the Law Offices of Randolph Rice, we know the history of drunk driving legislation and the important place it holds in our society. 

We want the laws to be tough, but fair. So if you find yourself having been charged with a drunk driving offense, when you hire us you get knowledge and experience.

6 Common Questions About DUI and DWI Laws in Maryland

6 Common Questions About DUI and DWI in Maryland

#1 Is a DUI a felony in the State of Maryland?

If you have been charged with drinking and driving or a DUI, it might benefit you to know that the State of Maryland does not consider it a felony.

The prohibition against DUI’s can be found in the Maryland Transportation Code and not the Maryland Criminal Code. This underpins the way Maryland officials think of DUI cases.

However, a pedestrian is killed by a drunk driver every 58 hour in Maryland. So, the seriousness of a DUI offense should not be underestimated.

Despite a DUI not being a felony, the administrative and criminal penalties can be severe. Administrative penalties can include points on your license and even revocation. Criminal penalties can include fines and even jail time.

The severity of both administrative and criminal charges can depend on a number of factors most significant of which is your number of previous offenses.

For instance, a misdemeanor can become a felony if:

• (a) it is a felony under the Maryland Vehicle Law; or 
• (b) it is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.

#2 Is DUI a misdemeanor in Maryland?

The State of Maryland considers DUI’s a misdemeanor and not a felony. Felonies are reserved for crimes such as murder or arson.

As such the misdemeanor is listed in the Maryland Transportation Code and not the Maryland Criminal Code. Under Maryland Transportation Code§ 21-902, a person may not drive or attempt to drive any vehicle while under the influence.

If charged with the above misdemeanor, then a person stands to be subject to a fine not exceeding $500. You will also likely receive 12 points on your license which will stay on your record for two years.

Again, these penalties can be exacerbated by individual circumstances such as the driver’s age, whether there were children in the vehicle, and what your blood alcohol content (BAC) was at the time of the offence.

#3 Are DUI and DWI the same thing?

A DUI stands for driving under the influence. A DWI stands for driving while intoxicated (or impaired).

Some states, have used the terms interchangeably. However, Maryland has used the term DWI to denote a lesser crime.

The major difference between the two is a DWI does not need as high a blood alcohol content (BAC) and thus is the less penalized offence.

A DWI can be charged if your BAC is 0.07% or higher. Typically, this would also involve the failure of a field sobriety test as the BAC is on the lower end of the spectrum.

A DUI is charged when an individual’s BAC is 0.08% or higher. A DUI would certainly involve more serious penalties as it is the more significant infraction.

#4 How many points do you get for DUI?

Points on your license are meant to penalize driver’s from violating traffic rules and deter reckless driving.

When one reaches a certain amount of points, the state can suspend, revoke or even terminate an individual’s license.

When one has been convicted of a DUI, you will likely get points on your license. For the first DUI offense, you will likely get 12 points on your license.

For the second, you will likely get another 12 points on your license. A DWI offence, adds eight points to your license. Additionally, another DWI offense will add 8 more points.

In Maryland the points will stay on your license for 2 years. Lastly, in Maryland 12 points or more will cause your license to be revoked.

#5 What is a DUI per se in Maryland?

DUI per se means that you can be arrested if you are found to be at or above the BAC limit even when it has not impaired your driving.

This means if tested and your BAC is or exceeds 0.08%, you can be charged with a DUI per se. After that, the search needs only to have had sufficient probable cause.

Therefore, a DUI per se merely requires proof that an individual’s BAC is at or above 0.08% at the time of the incident.

#6 What is the legal alcohol limit in Maryland?

Blood alcohol content (BAC) tests the amount of alcohol in an individual’s bloodstream. This is what determines whether an individual was driving legally or could potentially be charged with a DWI or even a DUI.

A DUI is charged when an individual is found to have a BAC of 0.08% or above. A DWI is charged when an individual is found to have a BAC of 0.07% or above. Therefore, the legal alcohol limit in Maryland is anything below 0.07%.

Maryland DUI Lawyer Can Answer Your Questions

Do you have more questions about a DUI or DWI in Maryland. A Maryland DUI lawyer can help answer all of your questions. Contact the Law Offices of Randolph Rice (410.288.2900) today to discuss your charges and learn how a lawyer can help.