Understanding the Maryland DUI -- DWI System (Part 2 of 2)
f. Write a report. Write a report from the time you were stopped to your time of release. Most people forget the details of the event. The officer will definitely have written a report. Your report is a good tool in that we may use it to challenge the facts stated in the police officer’s report. List witnesses in your report and list contact information.
g. Notice requirements to your employer. Most employers have employment manuals. Most employers have you sign an acknowledgement saying that:
- you have received it; and
- you have read it and you are bound by its contents.
Most employers do not require you to report your arrest unless you are convicted. Some people are not whether or not they were arrested. We can advise you about whether you were arrested or not and review with you your responsibilities under the employment manual.
Highly sensitive and/or security jobs require you to notify your employer of your arrest. If you do not report your arrest immediately, the result will likely be that you are fired for cause.
h. Multiple offenses. On a second DUI or DWI, you may be eligible to obtain Probation Before Judgment if there has been 10 or more years between the first and second offense. PBJ means a legal fiction has occurred. The judge finds you guilty but strikes the guilty verdict and grants you Probation Before Judgment. You must timely complete all conditions of probation such as:
- pay all fines;
- abstain from alcohol and/or drugs for a specific time period, i.e. 6 months or a year;
- report to the drinking driver monitor program, pay a monthly fee and fulfill their requirements, including undergoing an alcohol evaluation and then following the recommendations of the evaluation;
- perform community service and attend a Victim Impact meeting;
- do not possess any firearms;
- do not leave the state without permission from the judge or the drinking driver monitor;
- other conditions have been intentionally omitted
THE FEDERAL GOVERNMENT TREATS PROBATION BEFORE JUDGMENT AS A CONVICTION.
i. Expungement of Probation Before Judgment. Years ago, the alcohol-related driving and driving offenses could not be expunged. Today they may be expunged but under very rigid circumstances. The criteria are many and are intentionally not covered in this article.
j. Drug Court: Persons who have had multiple offenses should consider enrolling in the drug court for alcohol/drug offenses. The program requires a time commitment to appear in court and every week for a defined period of time.
This article ( Parts I and II) is intended to acquaint individuals with the Maryland DUI – DWI system. The system is detailed and the hope is that readers will obtain a general understanding of the process.
I am not providing legal advice and no attorney-client relationship exists.
To learn more about your case, contact me by calling 410-730-4404 for a Free Initial Consultation.