When a car accident happens in Maryland, the police should be called to the scene of the accident. The police clear traffic, obtain each driver’s relevant information (driver’s license, insurance policies, and other information), and tend to anyone who is injured; then, they’ll investigate how the accident happened. If the police believe a crime occurred, they may arrest the driver at the scene. There are many different types of criminal charges that can be filed, depending on how the accident happened and why it happened.

What DUI-related charges can be filed when a driver causes an accident?

The police should examine if the driver was driving under the influence of alcohol or drugs. The police may request that a driver take field sobriety tests and submit to a breath test.

As we’ve discussed, drivers who are involved in an accident and suspected of driving while intoxicated can be charged with:

• Driving under the influence (DUI) of alcohol if the driver’s operation of their vehicle was so impaired that they couldn’t control their vehicle.
• Driving under the influence of alcohol per se if the driver’s BAC is .08 or higher. The limits are lower for commercial drivers and drivers under 21.
• Driving while impaired (DWI) charges may be filed if a driver drove while impaired if their BAC is .07 or higher or there are other reasons (such as failed sobriety tests and traffic offenses) to suggest the driver failed to control their vehicle.
• Homicide by vehicle. If a Maryland car accident results in the death of another person, a driver can be charged with:
  • Maryland Statute. 2-503. “Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se.” This law applies to drivers who drive negligently while under the influence of alcohol or under the influence of alcohol per se.
  • Maryland Statute. 2-504. “Homicide by motor vehicle or vessel while impaired by alcohol.” This law applies if a driver’s negligence causes the death of a person while their driving is impaired by alcohol.
  • Other homicide by vehicle laws. There are also homicide by vehicle laws for causing a homicide by vehicle while impaired by drugs or homicide by vehicle while impaired by a controlled dangerous substance.

Intent is generally not required to prove these criminal vehicle offenses.

When can a driver be charged with a hit-and-run offense?

Drivers involved in accidents in Maryland can be charged with crimes for the following offenses:

• Leaving the scene of an accident that results in bodily injury or death. Drivers can be charged with felony offenses if they knew or should have known that the accident could reasonably cause “serious bodily” injury or the death of another person.
• Leaving the scene of an accident that results in property damage. Drivers who fail to comply with this law could face imprisonment up to five months and/or fines up to $500.

Drivers can also be charged with a criminal offense if they fail to render assistance or leave their contact information if the driver strikes an unattended vehicle.

What traffic violations can result in criminal charges in Maryland?

Generally, traffic offenses are misdemeanors in Maryland. Convictions can result in up to 60 days in jail and up to a $500 fine. Some offenses that aren’t felonies can result in one year in jail and/or up to $1,000 in fines.

The following offenses are generally misdemeanors in Maryland:

• Driving without a valid driver’s license
• Driving without insurance
• Reckless driving
• DUI and DWI as discussed above unless bodily injury or death is involved – or the defendant has prior offenses or other conditions apply

Traffic offenses that may result in felony charges in Maryland include

• Repeat DUIs and DWIs
• Homicide by vehicle
• Some hit-and-run offenses

Can a driver be charged with a criminal offense for driving on a suspended or revoked license?

Maryland law prohibits drivers from operating vehicles “on any highway or on any property specified in §21–101.1 of this article” while their license is suspended or revoked in Maryland or any other state.

Generally, points will be assessed against your license if you violate this law. A first offense can result in imprisonment for up to one year and/or $1,000 in fines.  A second or subsequent offense within three years of a prior conviction can result in imprisonment of up to two years and/or $1,000 in fines. Anyone charged with a crime under this statute cannot prepay the fine. Defendants must appear in court.

How do you advocate for drivers who are charged with violations of Maryland criminal law?

Joseph Carey has been fighting for criminal defendants for more than 40 years. He’s helped many defendants obtain their freedom and keep their driving privileges. We advocate for drivers in any way possible depending on the specific offense, whether you live in Maryland or elsewhere, your current driving record, or whether anyone was hurt.

We can assert all your defenses under the US constitution. We know how to show that the prosecutors cannot prove that you committed a crime beyond a reasonable doubt. We understand the criminal procedure laws that the prosecutor’s office must meet. We work to obtain dismissals, acquittals, and plea bargains to less serious charges

Carey Law Office has locations in Bowie and Dunkirk. Call us or complete our contact form now to schedule a consultation. We also serve Calvert County.