NATIONAL (Including MARYLAND) DRUNK DRIVING LAWS 101: DUI & DWI Attorney Charles Ware

www.CharlesJeromeWare.com.  "Here to make a difference."

 

Premier national drunk driving defense attorney Charles Ware is ranked and recognized by his many satisfied clients as well as his legal peers as one of the "10 BEST DUI and DWI Attorneys in the State of Maryland"; as surveyed, researched and confirmed by the American Institute of DUI and DWI Attorneys [AIDUIA].

 

For an initial courtesy consultation, call defense attorney Charles Ware at his Maryland-based headquarters of Charles Jerome Ware, Attorneys and Counselors, LLC: (410) 720-6129 or (410) 730-5016.

 

Driving while under the influence of alcohol, also known as a DUI or DWI is illegal because reaction time is altered and normal brain function slows down as an effect of the alcohol. Drunk driving increases the risk of causing an accident or being involved in an accident. Some laws are state specific, but most drunk driving laws are accepted and enforced nationwide.

 

In order to determine if a person is guilty of drunk driving a police officer must administer a test to find the blood alcohol concentration of the driver. South Carolina and Massachusetts do not use this system of measuring alcohol content in the blood in order to determine if the driver is capable of driving safely. In all other states, the blood alcohol content cannot be above an average .10 percent. If the blood alcohol level is .10 percent or higher, it is determined that the driver has consumed too much alcohol to drive safely. Some states punish lower concentrations of .08 percent.

 

Testing

Blood alcohol content testing cannot be conducted without probable cause. First, an offender must have traveled through a traffic stop, suspiciously avoided a traffic stop, sped, drove recklessly, posses broken lights on their vehicle, have expired plates or failed to obey traffic signs regarding stopping and speed. Once an offender is pulled over for such violations, the police officer will view the driver's eyes, behavior and smell and determine if a test is necessary.

 

License Suspension

Failing a test for alcohol or refusing to take a test typically means that a license can be legally removed or suspended prior to a court hearing for the drunken driving case. Some states require a hearing before a license can be removed. Regardless of when the license is removed, a blood alcohol content above the state minimum results in the loss or suspension of the license. Some states permit ignition interlock devices that perform an alcohol breath test each time the driver tries to drive her vehicle. Both state and court hearing determine the span of time the license is suspended.

 

Vehicle Forfeit

Twenty-two states require lawful forfeit of a driver's vehicle for multiple offenses of driving drunk. In New York City, the first drunk driving offense results in removing the vehicle's possession from the driver until the driver is acquitted. After acquittal, the driver may retain possession of his vehicle.

 

Open Containers

Another drunk driving law applies to 43 states in the United States. This law prohibits passengers and drivers in the vehicle to posses an open container in which alcohol was purchased or placed. A previously opened bottle of whiskey in the trunk of a car is considered an open container until it proved otherwise in a court of law. This law was created to reduce the chance that a driver would consume alcohol because it was present in her car during transport of the alcohol or a drinking passenger.

 

[see also, eHow/Drunk Driving]