Most drunk drivers are pulled off the road by a police officer before the drivers cause any accidents. There are many times, though, when the police arrest someone for drunk driving after the driver caused an accident. The police are usually likely to arrest an intoxicated driver who causes a fatality – another driver, a passenger in the driver’s car or another car, a pedestrian, or a bicycle rider.

In 2019, 167 people died in Maryland due to drunk-driving accidents. Twenty of these fatalities were people under 21 years old. In nearly 70 percent of these fatal accidents, the driver’s blood alcohol content level was .15 or more.

Generally, in Maryland, drivers can be charged with:

• Driving under the influence of alcohol (DUI). The driver can be charged if he/she was so impaired that he/she could not control the vehicle they were driving.
• Driving under the influence of alcohol per se (DUI per se). “Per se” means that that the driver’s blood alcohol content level (BAC) is just .08 or higher. The BAC limit for commercial drivers is just .04. The BAC limit for anyone under 21 is .02.
• Driving while impaired (DWI). Drivers can also be charged with driving while impaired (as opposed to driving while under the influence or driving under the influence of alcohol per se) if their BAC is .07 or more, or there are other reasons to believe the driver operated the vehicle while impaired. These can include committing certain traffic offenses, failing a field sobriety test, bloodshot eyes, and other factors. Driving while impaired requires somewhat less proof than a driving under the influence charge.

What are Maryland’s “homicide by vehicle” laws?

There are two different homicide by motor vehicle laws that involve alcohol. The first law involves driving under the influence of alcohol or driving under the influence per se (you were very drunk or your BAC is .08 or higher). The second law involves driving while impaired by alcohol (a slightly lower standard than the driving under the influence/per se standard). These are the laws and the possible penalties:

• 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se. You can be charged with this offense if you “cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:

(1) under the influence of alcohol; or

(2) under the influence of alcohol per se.

This offense is a felony. If convicted, you can face up to five years in prison and up to $5,000 in fines, or both.

• 2-504. Homicide by motor vehicle or vessel while impaired by alcohol. You can be charged with this offense if you “cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.”

This offense is a felony. If convicted, you can be sentenced for up to three years in prison and up to $5,000 in fines, or both.

The penalties for both offenses increase if you have any prior drunk driving (DUI or DWI) offenses.

Maryland also makes it a crime to cause a homicide by motor vehicle or vessel – while impaired by drugs or impaired by a controlled dangerous substance.

Neither statute uses the word intent. You can be charged with these homicide offenses if you were driving “negligently” and the prosecution can prove that your intoxication level meets one of the driving intoxication definitions – driving under the influence, driving under the influence per se, or driving while impaired.

How can your fatal DUI defense attorneys help me?

Causing a death of someone due to driver intoxication is frightening. Someone’s life was taken away from them. The prosecution will do everything they can to hold the driver they believe caused the death accountable. In addition to imprisonment and fines, a conviction will have other consequences. You will likely lose your driving privileges for a long time – and will have difficulty obtaining insurance if and when your license is ever restored.

A felony conviction affects your ability to find a job and a place to leave. Your professional license, if you have one, could be in jeopardy. There are other serious consequences too such as being required to install an ignition interlock device (IID) on your car if and when you can drive again.

At Carey Law Office, we assert every available defense possible to have the charges dismissed or to obtain an acquittal. Some of the defenses we often assert, depending on the facts of your case, include arguing that the:

• Police did not have grounds to stop you.
• Police cannot show that you were the driver when the accident occurred.
• Police did not conduct any field sobriety, breath, or other tests properly, including obtaining warrants if necessary.
• Equipment used for chemical tests were not properly calibrated for accuracy.
• Prosecution cannot show that your intoxication was the cause of the fatality.
• Prosecution cannot prove its case beyond a reasonable doubt.
• All other defenses that may apply.

We also negotiate plea bargains. If there are weaknesses in the prosecution’s case, we work to obtain a reduction of the charges to less serious offenses, such as reckless driving or negotiating a lesser sentence recommendation.

At Carey Law Office, our Maryland criminal defense lawyer has been fighting for the accused for 40 years. We have a strong record of success in contesting criminal charges, including obtaining numerous dismissals and not-guilty verdicts. We represent defendants charged with any type of driving under the influence or driving while impaired charge in Crofton and Bowie. We also proudly serve Calvert County. When your freedom and reputation are on the line, you need a fighter on your side.

If you’ve been charged with any drug offense, call our respected Bowie and Crofton defense lawyer or use our contact form to schedule a free consultation.