FAQ — Law Office of Psoras & Psoras

Question 1

What happens after a DUI arrest in Maryland?

Accepted Answer

After a DUI arrest, you will typically be processed and released on your own recognizance or on bail. You will receive a temporary paper license valid for 45 days. Within that window, you must request an MVA hearing to contest the suspension of your driving privileges — if you miss the 10-day deadline to request the hearing, your license is automatically suspended. You will also receive a court date for the criminal charge. It is critical to contact an attorney as soon as possible after an arrest.

Question 2

What is the difference between DUI and DWI in Maryland?

Accepted Answer

Maryland distinguishes between Driving Under the Influence (DUI) and Driving While Impaired (DWI). DUI is the more serious charge and applies when a driver's blood alcohol content (BAC) is 0.08% or higher, or when impairment is substantial. DWI applies when BAC is between 0.07% and 0.08%, or when there is some impairment but not to the degree required for DUI. DWI carries lighter penalties but is still a criminal charge with license and insurance consequences.

Question 3

Can a DUI be expunged from my record in Maryland?

Accepted Answer

A DUI conviction cannot be expunged in Maryland — convictions are generally not eligible for expungement. However, if your case results in a probation before judgment (PBJ), you may be eligible to have the record expunged after three years, provided you have no other disqualifying offenses. This is one reason why the outcome of your case — not just avoiding jail — matters enormously. An attorney can often negotiate a PBJ where a conviction would otherwise result.

Question 4

Do I have to take a breathalyzer test in Maryland?

Accepted Answer

Maryland has an implied consent law, which means that by driving on Maryland roads you have implicitly agreed to submit to a breath or blood test if lawfully arrested for DUI. Refusing the test is your right, but it carries automatic administrative penalties: a 270-day license suspension for a first refusal, and 2 years for a second. Refusal can also be used as evidence against you in court. Whether to refuse is a strategic decision — one worth discussing with an attorney before you are ever in that situation.

Question 5

Will I lose my license after a DUI in Maryland?

Accepted Answer

Possibly, but not automatically. There are two separate proceedings: the criminal case in court and the administrative case at the MVA. Even if you are convicted in court, you may be able to obtain a restricted license that allows you to drive to work, school, or medical appointments. An ignition interlock device may be required. An attorney can help you navigate both proceedings to minimize the impact on your driving privileges.

Question 6

What should I do if I am arrested in Maryland?

Accepted Answer

Remain calm and do not resist. Invoke your right to remain silent — you are not required to answer questions beyond identifying yourself. Ask for an attorney immediately and do not speak to police, prosecutors, or anyone else about the facts of your case until you have legal representation. Anything you say can and will be used against you. Contact an attorney as soon as you are able.

Question 7

What is the difference between a misdemeanor and a felony in Maryland?

Accepted Answer

In Maryland, misdemeanors are generally less serious offenses carrying penalties of up to three years in jail (though some carry more), while felonies are more serious crimes carrying longer potential sentences. The distinction affects where your case is heard, your right to a jury trial, and the long-term consequences for employment, housing, and professional licensing. Both require serious legal attention — a misdemeanor conviction can follow you for life.

Question 8

What is a Stet in Maryland criminal court?

Accepted Answer

A Stet is a Maryland procedural tool that places a criminal case on an indefinite inactive docket. The charges are not dismissed, but prosecution is paused — typically for three years. If you comply with any conditions and are not recharged, the case remains inactive. A Stet is not a conviction and may be eligible for expungement after three years. It is often a favorable resolution for first-time offenders, but the charges can be reactivated if you violate conditions.

Question 9

Can criminal charges be expunged in Maryland?

Accepted Answer

Maryland allows expungement in certain circumstances. Charges that were dismissed, resulted in a not guilty verdict, or were resolved with a Stet or probation before judgment (PBJ) may be eligible. As of October 2023, Maryland also allows expungement of certain misdemeanor convictions after a waiting period. Convictions for serious crimes, including most felonies and DUI convictions, are generally not eligible. An attorney can review your record and advise whether you qualify.

Question 10

Do I have the right to a jury trial in Maryland?

Accepted Answer

In Maryland, you have the right to a jury trial for any charge carrying a potential sentence of more than 90 days. For charges with lesser penalties, your case will be heard by a District Court judge. If you are charged in District Court and want a jury trial, you can appeal a conviction to Circuit Court, where a jury trial is available. This right is an important strategic consideration — your attorney can advise whether a bench trial or jury trial is more advantageous in your specific case.

Question 11

What should I do immediately after a car accident in Maryland?

Accepted Answer

First, make sure everyone is safe and call 911 if there are injuries. Stay at the scene — leaving is a crime. Exchange insurance and contact information with the other driver. Document the scene with photos if you are able. Do not admit fault or apologize, even casually. Report the accident to your insurance company, but do not give a recorded statement to any insurer — yours or theirs — before speaking with an attorney. Evidence disappears quickly, so contact a lawyer as soon as possible.

Question 12

How long do I have to file a car accident lawsuit in Maryland?

Accepted Answer

Maryland's statute of limitations for personal injury claims, including auto accidents, is generally three years from the date of the accident. For wrongful death claims, the deadline is also three years from the date of death. Missing this deadline almost always bars your claim entirely. However, waiting is not advisable — evidence fades, witnesses become harder to locate, and insurance companies use delay against you. Contact an attorney as soon as possible after an accident.

Question 13

Maryland is a contributory negligence state — what does that mean for my claim?

Accepted Answer

Maryland is one of only a few states that still follows the contributory negligence doctrine. This means that if you are found even 1% at fault for the accident, you may be barred from recovering any compensation. This is a harsh rule that insurance companies exploit aggressively. It makes having an experienced attorney essential — we work to establish that the other party bears full responsibility and counter any attempt to shift even partial blame onto you.

Question 14

What compensation can I recover after a Maryland car accident?

Accepted Answer

If you were not at fault, you may be entitled to compensation for medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, property damage, and in serious cases, permanent disability or disfigurement. In cases involving a drunk driver or egregious conduct, punitive damages may also be available. The full value of a claim is often far greater than what an insurer initially offers — an attorney can ensure all damages are properly documented and pursued.

Question 15

Should I accept the insurance company's settlement offer?

Accepted Answer

Not without consulting an attorney first. Insurance adjusters are trained to settle claims quickly and for as little as possible — often before the full extent of your injuries is known. Once you accept a settlement and sign a release, you generally cannot seek additional compensation, even if your condition worsens. An attorney can evaluate whether the offer reflects the true value of your claim and negotiate for a fair result. Most auto accident attorneys, including our firm, handle these cases on a contingency basis.

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