www.charlesjeromeware.com "Here to make a Difference."
Charles Jerome Ware, LLC is a premier, Maryland-based, nationally recognized and respected DUI and DWI defense law; ranked by satisfied clients as well as peers as one of the "BEST 10 DUI and DWI Attorneys" in the State of Maryland [AIDUIA]. For an initial courtesy consultation, contact us at (410) 720-6129. We can help you.
Arrest, and more critically conviction, for drunk driving in Maryland can be absolutely devastating for one's career --- let alone a person's life in general. Maryland drunk driving laws are treated very seriously by law enforcement and handled stringently by the courts. Additionally, these laws can be complicated and complex, depending upon the case circumstances. Defendants are advised to take these cases very seriously. As defense attorneys, we certainly do.
Being charged with driving under the influence (DUI) is a top motor vehicle alcohol infraction in Maryland. It means, among other things, that your blood alcohol concentration (BAC) has allegedly been measured at a level of 0.08 % or higher. In Maryland, the offense is so severe that a high 12 points are automatically marked by the Motor Vehicle Administration (MVA) against your driver's license. This results in instant revocation of your Maryland driver's license. The monetary fine for a first DUI offense in Maryland is $1000.00, and it is $2000.00 for a second offense. Additional restrictions and requirements also can be added to your penalties, including court costs, driver alcohol education, alcohol use evaluation, AA and NA classes, community service, etc.
A secondary motor vehicle alcohol infraction in Maryland is driving while intoxicated (DWI). A person can be charged with DWI if their BAC is at least 0.07 % but less than 0.08%. Motorists charged with DWI can acquire 8 points against their driving record and a $500 fine (for both a first and second offense).
Under the Maryland implied consent laws you have a couple of options to choose from when offered a Breathalyzer and/or field sobriety test:
(1) Administrative Per Se: If you fail the roadside sobriety test or blow 0.08% or more in the field, the chances are pretty high that you will be arrested at that point and processed.
(2) Refusal: You can refuse to take these tests, by law, however the State has the right to--- and usually will impose --- consequences of your refusal to allegedly " cooperate." Regardless of that decision, even if you are later found not guilty of the DUI or DWI charges, your driver's license can still be suspended by the Motor Vehicle Administration (MVA).
If your driver's license is revoked due to a DUI or DWI offense, at the very least MVA will probably require you to attend an Alcohol Education Program (AEP) before you apply for a new one.
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