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Can You Get a DUI in Maryland on an E-Bike or Scooter?
As e-scooters and e-bikes are on the rise across the United States, many people mistakenly assume these devices are "safe" alternatives to driving after a night of drinking. In fact, Maryland’s DUI laws may still apply, even when you are not "driving" a traditional vehicle. In some cases, operating certain electric vehicles while impaired can still constitute a violation of the law and result in criminal charges.
It is important to understand how the state addresses alternative forms of transportation and DUI charges. If you should find yourself charged with DUI or DWI after driving an electric bicycle or scooter while under the influence, do not assume that the issue is not serious and cannot have serious consequences. The sooner you speak to a Silver Spring, MD DUI attorney, the better outcome you are likely to have.
What Are Maryland Laws Regarding DUIS and Vehicles?
Under Maryland Transportation Code Section 21-902, no person shall drive a "vehicle" while under the influence of alcohol or drugs. The legal limit or BAC in the state is 0.08 percent. Title 11, Subtitle 1, § 11-176 of the Transportation Article of the Maryland Code defines a vehicle as "any device in, on, or by which any individual or property is or might be transported." Under this broad definition, the following could be included under the vehicle definition:
Breath Tests in Maryland DUIs: PBT vs. Police Station Results
If you are pulled over in Maryland on suspicion of DUI, you may be asked to take a Preliminary Breath Test, also known as a Portable Breath Test (PBT). This is a handheld breathalyzer used to determine probable cause for arrest. It is essential to note that, unlike the more accurate breathalyzer test administered at the police station, the PBT is not admissible in court and can be refused without incurring any legal penalty, just like field sobriety tests.
The police station breathalyzer (often an Intoxilyzer or Intoximeter) is administered under strict protocols, resulting in a "formal" Blood Alcohol Concentration (BAC) reading and is legally binding under Maryland’s implied consent law. To be clear, you can refuse the PBT without facing immediate legal consequences for doing so.
That said, refusing a PBT can provide the officer with probable cause to arrest you for DUI, and refusing the station breathalyzer can result in a license suspension. If you are facing DUI charges, the best step you can take is to speak to an experienced Silver Spring, MD DUI lawyer who can immediately begin building a solid defense on your behalf.
Points on a Driver’s License: An Often-Overlooked DUI Penalty
Under the recently passed Maryland HB388, Maryland drivers convicted of DUI now face stiffer penalties in the form of 12 points assessed against the driver’s license by the Motor Vehicle Administration. When most of us think about the consequences of a DUI, we focus on fines, possible jail time, and the loss of driving privileges. With this new increase in points for a DUI conviction, this also becomes a major consequence.
Twelve points on your driver’s license result in a license revocation, increased insurance premiums that can last for years, and mandatory driver improvement programs. Losing one’s driving privileges in our mobile society can be devastating.
Public transportation may not accommodate the commute to and from work, taking children to school, and running the many errands most of us face on a regular basis. If you are facing DUI charges, the best step you can take is to speak to a knowledgeable Silver Spring, MD DUI lawyer who will work to minimize the adverse consequences.
Prince George’s County Man Arrested for Child Pornography
Recently, the Maryland State Police arrested a Prince George’s County man, charging him with seven counts of possession of child pornography, seven counts of accessing and viewing child pornography, and seven counts related to the production of child pornography. The investigation began in December 2024 by the Maryland State Police Computer Crimes Unit.
Child pornography is a serious crime that can result in many years in prison, along with other serious penalties. If you are facing charges of child pornography, you need a strong, aggressive Silver Spring, Maryland sex crimes lawyer who understands that a conviction for this crime could follow you for the remainder of your life.
What Is Child Pornography in Maryland?
Child pornography, under the Annotated Code of Maryland, Criminal Law Article, Title 11, Subtitle 207, prevents a person from causing, soliciting, or knowingly allowing a minor to engage as a subject in the production of obscene material. A person may not photograph or film a minor who is engaging in any type of sexual or obscene acts or sadomasochistic abuse. Nor may a person use a computer to depict a minor engaging in sadomasochistic abuse, sexual conduct, or an obscene act.
Charges in Maryland for DUI With a Child in the Vehicle
DUI charges are always serious, even for a first DUI with no extenuating circumstances. Some factors can add enhancements to DUI penalties, and one of these is being charged with DUI with a child in the vehicle. Enhanced penalties can result in severe penalties that can have long-term consequences, including even the possibility of losing custody of your children.
Speaking to a highly skilled Silver Spring, MD DUI attorney can be exceptionally beneficial after being charged with DUI while transporting a child. Your attorney will work hard to protect your rights and future, minimizing the long-term effects of your DUI charges.
DUI Laws in Maryland
There are two types of drinking and driving offenses in the state of Maryland. The first and most severe offense is DUI or driving under the influence. A person with a blood alcohol concentration (BAC) of 0.08 percent or higher is assumed to be impaired or "under the influence per se."
Could Your Job Result in a Falsely High BAC?
Breathalyzers can be adversely affected by many different substances and factors. One of those happens to be your profession. People who routinely work with lacquer, paint remover, cement, cleaning fluids, varnish, oil-based paint, gasoline, and other highly volatile organic compounds (VOC chemicals) can retain sufficient fumes in their breath to cause a false positive on a breathalyzer.
Breathalyzer machines are unable to distinguish between alcohol and these compounds, which are often a part of a person’s job. If you paint homes for a living, varnish cabinets, work at a dry-cleaning shop, are a pipefitter, a service station attendant, or any number of other similar jobs, you may have registered a falsely high reading on a BAC test and were subsequently arrested and charged with DUI.
These are serious charges with both short and long-term repercussions in the state of Maryland. If you are facing DUI charges, it is important that you speak to an experienced Silver Spring, MD DUI lawyer as quickly as possible. Your attorney will begin building a solid defense on your behalf and can guide you through the DUI administrative and criminal processes as well.
Could Your Age Be an Adverse Factor in a DUI Arrest?
A DUI arrest – regardless of your age – can cause you significant problems for a very long time. While the immediate consequences, including the loss of your driver’s license, a public DUI trial, and the potential of a sentence of jail time, can derail your life, the collateral consequences can be equally damaging. You could face extremely high auto insurance rates for years, an inability to obtain employment, and damage to personal relationships.
While nobody is in favor of impaired drivers on the roadways, a significant number of DUI arrests are based on flawed information from field sobriety tests and breathalyzer tests. The variables associated with BAC levels can include age, weight, gender, diet, medications, illnesses, and even your job. (Those who regularly work with fumes from chemicals, paints, or adhesives can have falsely high BAC readings.)
Could I Be Arrested for DUI When I Was Not Driving?
DUI convictions in Maryland have serious penalties and consequences. Some of them are straightforward – jail, fines, and fees. Collateral consequences can include the loss of your job, the inability to obtain employment, the loss of your driver’s license, extremely high insurance rates once you are allowed to drive, mandatory installation of an ignition interlock device, and judgment from family and friends.
If you are charged with DUI, your best course of action is to speak to an experienced Silver Spring, MD DUI attorney who can assess your situation and help you plan the best course of action. There are certain situations that are even more complex, such as receiving a DUI when the officer did not actually see you driving, or you were sleeping it off in the back seat of your car.
How Can a Police Officer Know Whether You Might Drive Under the Influence?
Maryland Transportation Code Section 21-902 is worded so that it is illegal to drive or "attempt to drive" a motor vehicle while under the influence of drugs or alcohol. The conduct that makes up "attempting to drive" a motor vehicle is broader than you might think.
Could I Go to Jail for Sharing Prescription Drugs?
Suppose you were given a prescription for hydrocodone after your back surgery, or you have a prescription for Adderall for diagnosed ADHD. It is perfectly legal for you to have these prescription drugs and to use them in the way they were intended to be used. But suppose your niece is at your home one evening, complaining of knee pain after taking a fall while hiking. Or suppose a friend of yours is studying day and night for the bar exam and asks for a few Adderall pills to keep going.
While you may not think twice about either of these situations – you should. Prescription drugs are meant to indicate both regulation and legitimacy for the person they are prescribed for. Prescription drug charges can cover possessing a single pill you have no prescription for to being charged with drug trafficking and distribution for giving a bottle of your prescription meds to another person.
In some instances, the penalties for sharing prescription meds – or being the recipient of prescription med sharing - can be severe. If you are facing prescription drug charges, it is important to speak to a Silver Spring, MD criminal defense lawyer as quickly as possible for the best outcome.
Should You Agree to a Search of Your Vehicle During a DUI Stop?
If you are pulled over on suspicion of DUI, it is important that you understand your rights in case the officer asks if you will allow your vehicle to be searched. Since law enforcement must have a valid reason to conduct a vehicle search prior to an arrest, your case could be impacted by whether you agree to the search or not.
Absent a warrant, an arrest, or clear probable cause, you have the right to refuse a search of your vehicle. Many people believe that because they are driving while intoxicated – and are probably about to be arrested for that offense – they lose their other rights. This is not true, and any evidence gained illegally can potentially be suppressed.
If evidence is suppressed, the outcome of your case is much more likely to be favorable. If you believe your vehicle was unlawfully searched during a DUI stop or another type of traffic stop, it is important that you speak to an experienced Silver Spring, MD DUI lawyer.
For a free consultation, call 301-589-9500 or fill out the form below:
The Law Offices of Gerstenfield & Demirji, PC.
8720 Georgia Ave., Suite 301
Silver Spring, Maryland 20910
301-589-9500
