MARYLAND DUI, DWI AND MVA: "BEST 10 DUI & DWI ATTORNEY"

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Drunk driving laws in Maryland can be complicated and complex.  Enforcement of these laws is stringent.  Self-representation in court is realistically not an option.
 
Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol or drugs or other intoxicants. Increased alcohol levels in the driver's blood lead to diminished mental and motor reactions which, in turn, reduce the driver's ability to control the vehicle. This significantly increases the risk of the driver committing errors of judgment and often results in accidents causing severe injuries and even death.
 
In Maryland, as in the rest of the US, drunk driving is the single largest cause of motor vehicle related fatalities and accounts for an alarmingly high 40% to 50% of the total number of motor vehicle related deaths every year [DMV.org].
 
I. Blood Alcohol Concentrations )BAC:
 
In Maryland, the Blood Alcohol Content (BAC) limit is set at 0.08% for drivers over 21 years of age to be called a DUI offense and 0.07% to be called a DWI offense and it is set at 0.02% for those under 21. For commercial drivers, the limit is set at 0.04%.
 
Having a Maryland license automatically provides your consent to be tested if stopped by a law enforcement officer, while driving. This is the law of "implied consent" and can be used by the officer to test you if you are stopped on the suspicion of drunk driving, either through a breathalyser test or by an actual blood test to check the BAC. Refusing to take the chemical test will result in your license being revoked for 120 days for first offense and for one year for second and subsequent offense.
 
Points will be added to your driving record and your license will be suspended or revoked, if you are convicted of DUI/DWI. The number of points assessed, depend on the severity of the offense and the number of times you have been convicted for it.
 
II. UNDERAGE DRINKING AND DRIVING:
 
If you are over 21 years old, and are caught with BAC higher than the set limit of 0.08%, you may be subjected to criminal actions in addition to administrative actions. If the DUI/DWI incident you are involved in is subjected to criminal action, it is recommended that you get in touch with a DUI attorney as they are experts at handling such incidents and can offer you the best advice.

1. The first offense is treated as a Misdemeanor and may result in imprisonment for up to one year and/or up to a $1000 fine. Also, if convicted for a first offense DUI or DWI or for driving under the influence of drugs (DUID):

1)      12 points will be added to your driving record for DUI and 8 points for DWI.

2)      Your license will be suspended for 45 days (DUI) or 90 days (BAC 0.15 or above).

3)      You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.

4)      You will have to undergo substance abuse assessment by an authorized provider at your cost.

5)      The imprisonment for DWI may be for two months and/or fine up to $500.

6)      If you are accompanied by a minor, the imprisonment can be up to two years and/or up to $2000 fine. In this case, for DWI the imprisonment is up to six months and/or up to $1000 fine.

2. The second offense or two offenses is treated as a Misdemeanor and may result in three years may result in imprisonment for two years and/or up to $2000 fine. Also, if convicted for the second offense of DWI, DUID or BAC:

1)      8 points will be added to your driving record.

2)      Your license will be revoked for 90 days or 180 days (BAC 0.15 or above).

3)      You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.

4)      The imprisonment for DWI may be for one year and/or fine up to $500.

5)      If you are accompanied by a minor, the imprisonment can be up to three years and/or up to $3000 fine. In this case, for DWI the imprisonment is up to one year and/or up to $2000 fine.

6)      48 hours imprisonment is mandatory or minimum 80 hours of community service.

3. The third offense or three offenses may result in five years may result in imprisonment for three years and/or up to $3000 fine. Also, if convicted for the third offense of DWI, DUID or BAC:
4. 12 points will be added to your driving record.
5. Your license will be revoked for a year.
6. You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.
7. You will have to undergo substance abuse assessment by an authorized provider at your cost.
8. If you are accompanied by a minor, the imprisonment can be up to four years and/or up to $4000 fine.

III. PENALTIES FOR DUI/DWI DRIVERS UNDER 21:

1. Points will be added to your driving record and your license suspended or revoked, if you are convicted under the "minor in possession/other alcohol offenses" law(trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02%) while driving.
2. The license may be suspended or revoked for six months after the first conviction, one year or up to you are 21 years old which ever is longer after the second conviction. You may also have to pay a $500 fine.
3. You may also have to undergo an alcohol treatment program.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

IV. PENALTIES FOR DUI/DWI COMMERCIAL VEHICLE DRIVERS:

If you drive a commercial vehicle and hold a commercial driver license (CDL):

1. Points will be added to your driving record and you will be barred from driving a commercial vehicle for a year, if you are convicted for your BAC being higher than 0.04%. You will also be issued an "out-of-service" order by the arresting officer.
2. You will be barred from driving a commercial vehicle for at least three years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
3. You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
4. Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

V. MVA ADMINISTRATIVE ACTIONS AGAINST DUI/DWI:

            A. Maryland laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

1)       He/she is aged 21 and above and is driving with BAC 0.08% or more.

2)       He/she is aged below 21 and is driving with BAC 0.02% or more. Your license or driving privilege can be suspended by the Motor Vehicle Administration (MVA) if you drive with an alcohol level of .10 or above. This is a distinct and separate offense from DUI and DWI. You may be eligible for a restricted license if you meet the conditions.

 

            B. If you are arrested for DUI/DWI, the arresting officer will confiscate your Maryland driver license and issue a temporary 45-day driving permit, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the MVA. The driver can schedule an administrative hearing within 15 days of the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous two-year driving record. If he has any alcohol related convictions or suspensions for this two-year period, his license will be revoked for 120 days, and if not, then it will be suspended for 60 days. You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions. The suspension or revocation begins after the final order of the hearing officer is mailed from the MVA.