"BLURRED LINES" MARYLAND DUI & DWI LAWS

Maryland drunk driving laws can be complicated.  There are multiple charges that fall under the umbrella of drunk driving in Maryland, and there are different penalties for each charge.  The two principle charges are known as driving under the influence (DUI) and driving while impaired or operating while impaired (DWI or OWI) in Maryland.

 

A.        Maryland Drunk Driving Laws: DUI Versus DWI

Under Maryland drunk driving laws, a distinction is made between being over the legal blood-alcohol limit and driving while impaired by alcohol.

 

(1)        Driving while impaired (DWI) is considered a lesser offense than driving under the influence (DUI), and thus the penalties for DWI are less severe than those for DUI.

 

(2)        You may be arrested and charges with a DUI in Maryland, via chemical testing, a police officer determines that your blood-alcohol content is .08 percent or higher.  This is the legal limit in Maryland and just about every other state in the U.S.

 

(3) To receive the lesser charge of a DWI in Maryland, your blood-alcohol content must fall between .07 and 0.8 percent.  Once again, this will be determined through chemical testing.

 

B.                 Suspicion of Drinking and Driving in Maryland

 

(1)        Under Maryland drunk driving laws, a police officer may pull you over on suspicion of either a DUI or DWI for a number of reasons.

 

(2)        One of the most common reasons an officer may pull you over is because  you committed a traffic violation.  Examples of traffic violations include:

            (i)         Driving through a red light;

            (ii)        Failing to stop at a stop sign;

            (iii)       Driving with your headlights off at night;

            (iv)       Speeding; or

(v)               Driving in two lanes at once.

 

(3)               A police officer may also pull you over even if you are not breaking a traffic law.  If your driving appears erratic, that is enough reason for an officer to investigate further.  Examples of erratic behavior include:

 

(i)                 Weaving in and out of a lane;

(ii)               Driving too slowly; and

(iii)             Hesitating before passing through a green light.

 

(4)        Once the officer has pulled you over he or she may try to gauge whether you are intoxicated by observing you behavior.  Alcohol on your breath, slurred speech, and bloodshot eyes are all considered and taken as signs of possible intoxication.

 

C.                 Field Sobriety and Breathalyzer Tests

(1)        If, after observing you up close, the officer still suspects you of being intoxicated, he or she may ask you to step out of the vehicle and submit to field sobriety tests.

 

(2)        Field sobriety testing is used by Maryland police to determine whether someone is probably drunk.  Possible field sobriety tests that an officer might use in a Maryland drunk driving incident include:

 

(i)                 Saying the alphabet;

(ii)               Standing on one leg;

(iii)             Walking in a straight line; or

(iv)             Following a moving object with your eyes without moving your head.

 

(3)               The officer may also seek to administer a breathalyzer test,  A breathalyzer  is a device that can allegedly can gauge blood-alcohol content by detecting trace amounts of alcohol in a person’s breath.

 

D.                            Refusing Chemical Testing. Caveat Emptor!

 

(1)        Under Maryland drunk driving law, if you refuse to undergo chemical testing, including a breathalyzer test, you may be subject to some stiff administrative penalties.

 

(2)        For example, you may have your driver’s license immediately suspended for 120 days for a first offense.  After that, you could have your license suspended for one year, just fir refusing a breathalyzer test.

 

(3)        Maryland is one of a handful of states that does allow you to have an attorney present while taking a chemical test to determine blood-alcohol content.  Once arrested by police, you will have the constitutional right to a DWI attorneys.  As long as your lawyer can appear within two hours of your arrest, you can delay your chemical testing until your attorney arrives.

 

(4)               If you refuse to submit field sobriety testing, the officer has the right to arrest you on the spot on suspicion of drunk driving or impaired.

 

[see, all DUI and DWI blogs of Charles Jerome Ware on the Internet; Maryland Code Annotated].

 

ABOUT ATTORNEY CHARLES WARE

 

www.charlesjeromeware.com “Here to make a difference.”  We can help you. Guaranteed.

 

Among his numerous other legal awards and honors such as “America’s Best Attorneys and Counselors”, “U.S Super Lawyer”, “Top Lawyers in America”, “Top Attorneys and Counselors in the U.S.”, “Top Lawyers  in Maryland”, and winner of the National “Charles Hamilton Houston Award for Outstanding Litigation.” Premier criminal defense attorney Charles Ware is recognized and ranked 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 confirmed from research, surveys and other investigation by The America Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

 

Attorney Ware is also the founder and senior partner of the Maryland-based national criminal defense and civil trial law firm Charles Jerome Ware, Attorneys and Counselors, LLC.  For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.