State of Maryland v. Raphael Mayorga

Rockville, Maryland criminal defense lawyer represented the Defendant charged with DUI and causing an accident and attempted murder.



Raphael Mayorga was charged on an 18 count indictment for drving while intoxicated and running over Sgt. Patrick Kepp.



Mayorga struck Sgt. Patrick Kepp, who was laying down stop sticks, with his vehicle on I-270 while eluding officers. He was driving more than 100 mph. Kepp survived the crash but lost both of his legs.



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In Maryland, driving under the influence (DUI) and driving while impaired (DWI) are serious offenses with varying penalties depending on BAC levels, prior offenses, and other factors. DUI is defined as having a BAC of 0.08% or higher, while DWI is having a BAC between 0.04% and 0.07% or being impaired by alcohol or drugs. Penalties can include fines, jail time, license suspension, ignition interlock requirements, and participation in substance abuse programs.

Key Points of Maryland DUI/DWI Laws:



BAC Limits:



A BAC of 0.08% or higher is considered DUI per se, while a BAC between 0.04% and 0.07% is DWI.



Driving While Impaired (DWI):



This offense occurs when a driver is impaired by alcohol or drugs, even if their BAC is below 0.08%.



DUI Per Se:



A driver can be charged with DUI per se if their BAC is 0.08% or higher, regardless of whether they appear visibly impaired.



Penalties:



First-time DUI/DWI offenders can face fines, jail time, and license suspension. Second and subsequent offenses can lead to more severe penalties, including longer jail sentences and ignition interlock requirements.

Ignition Interlock:



Maryland's ignition interlock program requires drivers to install a device that monitors their breath before starting the car.



Underage Driving:



Maryland has a zero-tolerance policy for underage drinking, meaning any BAC level for drivers under 21 can lead to DUI charges.



License Suspensions:



License suspensions can range from 45 days to 180 days or longer, depending on the offense and BAC level.

Points on Driving Record:



DUI/DWI convictions result in points being added to a driver's record, which can lead to further license suspensions or revocations.

Mandatory Penalties:



Repeat offenders within a five-year period face mandatory minimum jail time and other requirements.

Out-of-State Drivers:

Out-of-state drivers charged with DUI in Maryland can face consequences from their home states as well.





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Defendant was found guilty of 13 of the 18 charges he faced, including second degree assault and numerous fleeing and evading charges.