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Facing DUI Charges in Montgomery County, MD

The following is taken from an interview with a Montgomery County DUI lawyer and is not meant to be used as legal advice. To learn more contact an attorney for a free consultation.

Well, in a typical DUI in Montgomery County, an individual who receives citations from the police officer will also receive some documentation for their drivers’ license. The drivers’ license paperwork is the standard drivers’ license paperwork that anyone arrested in Maryland will receive.

Meaning if it’s a first blow under a 0.15, it’s a 45 day suspension.

With eligibility for a work permit or if it’s a first blow with a 0.15 or higher, it’s a 90 day hard suspension. That’s only modifiable by interlock.

If it’s a first refusal it’s a 270 day hard suspension only modifiable by interlock. That’s standard for everyone in Maryland.

Now, the individual also receives citations to appear in the District Court for Montgomery County. There are two district courts in Montgomery County, one is located in Rockville and the other is located in Silver Spring. Where the case is going to be tried depends on where the officer who issued the citation is based. So if the officer is based close to Silver Spring, then that’s where the case will be heard. If the officer is based in Rockville or close to Rockville, then that’s where the case will be heard.

Most DUI cases in Montgomery County do get handled at the district court level. However, with DUI charges, an individual does have a right to a jury trial which can get the case transferred up to the circuit court, which is also in Rockville.

How Are DUI Cases Treated in Montgomery County, MD?

Well, the state attorney’s office in Montgomery County treats DUIs very seriously. It is extremely unlikely they will drop a DUI case. They would rather lose a case at trial than just dismiss it outright. So, even if it’s a case where an individual is probably going to be found not guilty at trial, the state’s attorney is very unlikely to drop all the alcohol-related offense.

Are DUI Cases a Main Area of Focus For Officers?

Absolutely. There are some officers who do a ton of DUI work. Usually, those are the officers that tend to work the late night shift which is where most DUIs occur. Now, with that being said, any officer can issue a citation for DUI. However, officers who work days are a lot less likely to see as many DUI just based on when people are out engaging in DUI conduct.

What Are Common Roads Where You See DUI Cases in Montgomery County?

Well, they happen all over the place. You see a lot of them going up and down Route 29 coming to or leaving the county either into DC or into or up to Howard County. You also see a reasonable number of them on 495, the DC Beltway, which passes through Montgomery County as well. Also, they happen a lot in downtown Rockville and downtown Silver Spring because a lot of bars are located there.

Are DUI Roadblocks Common in Montgomery County?

They happen. I don’t know that they’re as common in Montgomery as they are in some other jurisdictions. Montgomery County police definitely have a budget to set up road blocks and they take DUIs very seriously. So there’s usually at least a couple of roadblocks every year in Montgomery County.

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