We're Committed to Your Justice Schedule a Free Case Consultation

Can I Get A Drug-Related DUI Expunged In Maryland?

The Law Office Phillips & Allen PA Nov. 20, 2022

Typically, in Maryland, DUIs are not expunge-able offenses. It is best to hire an attorney who can beat it, because if you can beat it and get a not guilty finding or have this put on a stet docket, then you’re going to be able to get it expunged. If you end up with the probation before a judgment, the statute says that judges aren’t supposed to expunge those. Those are things that can end up on your record. DUIs are actually one of the few misdemeanors in Maryland that, they’ve mentioned in the expungement statute that they cannot expunge those.

Those are things that can end up on your record. DUIs are actually one of the few misdemeanors in Maryland that, they’ve mentioned in the expungement statute that they cannot expunge those. If you want to get this off the record, you have to fight it and win.

How Does an Out of State Drug-Related DUI Charge Affect Someone?

In two ways! According to the Maryland Driving Regulations, if you get suspended in another state; you’re going to be suspended in Maryland. It’s a crime to drive in Maryland if you’re suspended in another state. The same penalties as if you’re suspended in Maryland. Secondly, if you have points or a conviction, the points are going to be transferred and the DMV can pull you in and basically have a hearing on the points. Then they can suspend your license based on that!

If I have a Pending Case and Go Out of State, Will it Affect me There too?

Yes! Typically, while under bond, you’re going to be allowed to travel unless the court or the commissioner finds some reason in your initial presentation that he doesn’t think you should travel or he wants you to stay around. Foreign residents, for example, may be ordered not to travel but typically United States citizens are allowed to travel.

If you are on probation, that can be a different story, because typically those require your supervisor’s permission before leaving the state but there is no supervision like that on a DUI or DUI drugs. If this were to involve a death or something really bad, you may have the commissioner order somebody not to leave the area but that’s very rare.

Is there a Look Back Period in Maryland, where a Second Offense is Considered to be a First One?

Typically not, but every judge has their own feelings on certain issues. I had a previous judge who worked up here and if you had something that was over 25 years old, he didn’t even consider it. The judge who replaced him will throw people in jail on the exact same charge.

Is There a Common Scenario Pertaining To a Drug-Related DUI?

Yes. Somebody pulls out of one of the places that police watch such as some of the notorious bars, fails to stop at a stop sign and they’re pulled over! Once they’re pulled over, the police started treating it as an alcohol offense and somebody’s acting like they’re on alcohol and then they are given a portable breathalyzer and they blow 0.0. At that point, they start looking to see if this person is potentially on drugs.

Do People Readily Admit to being Intoxicated?

People are generally more likely to admit they’ve taken prescription medication than they are for non-prescription medication.

What Should You do if Your DUI Involves Prescription Medication?

What I’d recommend is as soon as they get into the process is to go someplace that will do a private blood test for them because if you come in with a private blood test that’s done within 2 hours of the stop and it doesn’t show a presence of something that is there especially something that’s charged because when they are charging you with driving under the influence of a controlled and dangerous substance, they’re generally held to the standard of identifying the substance.

If somebody says, “You’re on a controlled and dangerous substance and our drug recognition expert said this is heroin,” and you got a blood test that shows you didn’t have heroin, you had oxycodone, then you have a good defense in court. Police have to charge you with what they believe it is and a good attorney can force them into a corner and make the state go to just one substance that they identify. If you can prove that substance was 0.0 in your body within 2 hours of an arrest, then you have a different case.

Is Drug Paraphernalia Going to be a Separate Charge?

Paraphernalia is always a separate charge. Anything you have, if you have drugs, you have drug paraphernalia unless they’re in your mouth. I’ve never seen anybody try to charge a body part as drug paraphernalia but if you had drug in your pocket, they could pull the pocket out of your pants and call that drug paraphernalia. That technically meets the definition of paraphernalia because anything that’s used to package it is considered drug paraphernalia. There aren’t many safe places you can put drugs without creating paraphernalia and putting yourself at risk of a misdemeanor and up to $500 fine.

For more information a free consultation is your best next step. Get the information and legal answers by Arnold F. Phillips.