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Annapolis DUI While Driving Without A License

In Annapolis, a case will be significantly impacted if you are charged with a DUI that took place while driving without a license. Traffic incidents can have multiple citations. Most DUIs usually carry a minimum of three or four. When someone is driving without a license, they can be charged with driving without a license in addition to the DUI charges. It is not something a person wants to put in front of a judge, because that gives the judge a reason to put him or her in jail. If you are in this situation, and because the odds will be against you in court, it is important to have an Annapolis DUI attorney by your side as you build a defense and work together toward the best resolution possible.

Impact on Charges

Driving without a license is a very serious aggravating factor in a DUI case when it comes to sentencing. In court, it is possible to face a prosecuting attorney who is unwilling to soften the charges by dropping either the DUI charge or the driving without a license. In that case, the judge has the ability to keep the defendant jailed up to a year for a DUI and up to 60 days for driving without a license.

There are a number of other aggravating factors which, though similar to driving without a license, are in fact separate charges. These include but are not limited to:

Any one of these additional factors can carry up to one year in jail if the defendant is found guilty. The defendant is free to contest each charge in court. If the prosecuting attorney is able to prove any or all of the applicable aggravating factors, then the defendant must answer to them.

Ignition Interlock Program

The ignition interlock program is now required for anyone who is convicted of or receives a PBJ for an alcohol-related DUI offense (§ 21-902(a) and (b)), or for anyone whose license is suspended for an accumulation of points for an alcohol-related DUI offense. Previously, courts had discretion whether to order ignition interlock in most cases for a person who received a PBJ for driving under the influence of alcohol.

An ignition interlock device is a small breathalizer that is connected to a vehicle’s ignition to stop a driver from starting their car if the breathalizer detects alcohol. A person must participate in the ignition interlock program for 6 months for a first offense, one year for a second offense, and three years for a third or subsequent offense. The clock begins to run once the driver brings proof of installation of the device to the MVA.

Once the MVA receives proof of installation of the ignition interlock device, the driver will be issued an interlock-restricted driver’s license. The driver is only permitted to drive a vehicle fitted with the ignition interlock device and will incur criminal and monetary penalties for failing to comply with the license restriction.

Sentencing

A judge does not always grant someone Probation Before Judgment (PBJ) if they are accused of both charges. If granted, however, Probation Before Judgment serves to keep points off the license when the person eventually does qualify and apply for a driver’s license. The judge may also use it as a way to motivate someone to get their license. As part of the defense, and as a way to demonstrate to the court that the defendant is less of a threat to others’ safety as their actions may indicate, an attorney can show a judge that their client is going to get their license and has already begun the process. In that case, the defendant may receive a sentence of Probation Before Judgment.

Recent changes in Maryland law also allow a person to expunge a DUI where they received a PBJ 15 years “after the date the petitioner was discharged from probation.” Md. Crim. Pro. § 10-105(c)(2)(II). Previously, DUI-related offenses were not eligible for expungement unless the charge was dismissed, the accused was acquitted, or the case was placed on the STET docket.

The new law only applies to charges under Md. Trans. Code Ann. § 21-902(a) and (b) for driving under the influence of alcohol. If the charge is a subsequent offense, or if the charge involved controlled substances other than alcohol (Md. Trans. Code Ann. § 21-902(c) or (d)), expungement is still not permissible. Similarly, if the person is convicted of a subsequent offense, other than a minor traffic violation, within 15 years after their discharge for probation from a DUI, they will be prohibited from expunging the charge.

How An Attorney Can Help

When facing charges for a DUI which took place while driving without a license, the defendant can easily find themselves on the receiving end of a barrage of attacks. While well intentioned, these attacks can sometimes be misdirected and overzealous. If you find yourself faced with this situation, having a qualified attorney by your side will be invaluable as you build the strongest defense possible. Call to learn more.