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Premier DUI and DWI defense attorney Charles Ware is ranked by his many satisfied clients as well as his legal peers as "one of the best DUI and DWI attorneys in the State of Maryland" [AIDUIA].
For an initial courtesy consultation, contact premier DUI defense attorney Charles Ware at (410) 720-6129 or (410) 730-5016.
In Maryland it is a crime to drive with a blood-alcohol concentration (BAC) level of 0.08 % or higher. If found to meet this DUI standard, it does not matter if the driver was driving erratically or even perfectly. A BAC of 0.08 % or higher is still considered to be DUI, or"drunk driving". In Maryland this situation is called " Driving Under the Influence PER SE".
As always, there are defenses to the prosecution of this charge . The State (Prosecution) must prove the following, inter alia:
(1) The defendant was driving the motor vehicle at the time of the police stop.
(2) There was a lawful basis for the police officer to stop the vehicle the defendant was driving.
(3) The defendant was treated properly and lawfully at all times during the stop, investigation, and arrest.
(4) The investigation and all tests performed on the defendant by law enforcement were done competently, fairly, honestly, and without discrimination.
(5) The defendant did not "pass" (objectively perform satisfactorily) on the field sobriety tests.
(6) Lawful probable cause existed for police to arrest the defendant for drunk driving.
(7) The defendant's accurately tested BAC at the police station was 0.08 % or higher.
Be aware that Maryland has two different BAC requirements for "drunk driving" depending upon the defendant's age. A BAC of 0.08 % is the standard for those drivers who are old enough to drink alcohol (at least 21). However, drivers under 21 years of age can be charged with DUI if their BAC is measured at 0.02 % or higher.
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