Burrell CounselAttorney at Law

Maryland & Washington, DC

DUI & DWI Defense in Maryland and DC

A drunk driving arrest starts two separate cases against you — one criminal, one administrative — and they run on different clocks. Missing the second one costs you your license regardless of how the first turns out.

Most people arrested for impaired driving assume there is one case to fight. There are two. The criminal charge proceeds in court. Separately, the motor vehicle agency moves to suspend your driving privilege, and that process begins almost immediately — often before your first court date.

If you have a court date

Bring it to the first call. Deadlines in these cases are short and some of them are not forgiving. Call (301) 684-8261 before you decide anything.

Maryland: DUI and DWI are different charges

Maryland separates driving under the influence from driving while impaired. They carry different penalties and different point consequences, and the distinction matters enormously when negotiating. Which one you are charged with — and which one you might resolve to — can be the difference between keeping your license and losing it.

The administrative license case

If you took a breath test above the legal limit, or refused testing altogether, the officer typically confiscates your license and issues paperwork that doubles as a temporary permit and a notice of suspension. That paperwork contains a deadline to request a hearing. The window is short — days, not weeks. Let it pass and the suspension takes effect automatically, with no hearing at all.

Refusing the test is not a free option. In Maryland, refusal carries its own suspension consequences that are frequently harsher than a failed test would have produced.

Ignition interlock

Participation in the Ignition Interlock Program is sometimes required and sometimes a strategic choice that preserves your ability to drive to work while a case is pending. Whether it helps or hurts depends on the specifics of your case — it is not automatic and it is not always advisable.

Washington, DC

The District runs its own statutory scheme and its own administrative process through the DMV. Deadlines, penalties, and the mechanics of challenging a suspension all differ from Maryland. If you live in one jurisdiction and were arrested in the other, you may be dealing with both systems at once — a common situation on this side of the line, and one worth handling carefully.

Where these cases are actually won

  • The stop. An officer needs a lawful reason to pull you over. If the basis for the stop does not hold up, everything that followed may be suppressed.
  • Field sobriety testing. These tests are standardized, which means they can be administered incorrectly — and frequently are. Deviation from protocol undermines the result.
  • The breath or blood test. Instruments require calibration, maintenance records, and certified operators. Those records are obtainable and sometimes tell a different story than the number on the printout.
  • Observation period and procedure. Testing protocols include timing requirements designed to prevent false readings. They are not always followed.

A first offense is still serious

People often assume a first DUI resolves quietly. Sometimes it does. But a conviction can affect employment, professional licensing, security clearances, insurance, and immigration status — and in this region, a great many clients hold jobs where a driving record is not a private matter. The time to think about collateral consequences is before you resolve the case, not after.

Common questions

Should I refuse the breath test?

There is no universally correct answer, and the calculation differs between Maryland and DC. Refusal carries its own administrative penalties that are often more severe than a failed test. It is a decision worth understanding in advance rather than in the moment.

Will I lose my license immediately?

Not necessarily, but the clock starts running immediately. There is a limited window to request an administrative hearing, and requesting one is what preserves your ability to contest the suspension. Call as soon as possible so the deadline is not the thing that decides your case.

Can a DUI charge be reduced or dismissed?

It happens, and the path there usually runs through the evidence: the legality of the stop, the administration of field sobriety tests, and the reliability of the chemical test. Whether any of that applies depends entirely on the facts of your arrest.

Other practice areas

Talk to a lawyer before you talk to anyone else.

Consultations are free and confidential. If you have a court date, bring it — we will build the timeline around it.

☎  Call (301) 684-8261