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If you are arrested or charged with drunk driving in Howard County or Montgomery County, do not hesitate to call us at the law offices of Charles Jerome Ware, LLC for a free initial consultation : (410) 720-6129 or (410) 730-5016. We can help you survive this ordeal. The information provided herein does not automatically create an attorney-client relationship, and is not legal advice.
I. How much alcohol does a person have to drink ( BAC= Blood Alcohol Concentration) to be charged or arrested for DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) in Maryland?
ANSWERS: (a) If under the age of 21, the answer is 0.02% BAC.
(b) If 21 years of age or older, the answer is 0.08% or higher for DUI,
and between 0.04% and 0.08% for DWI.
(c) If commercial driving, the answer is 0.04%.
II. What are the possible penalties for a DUI or DWI in Maryland ?
ANSWERS: (a) 1st Offense: up to one year in jail for a DUI, or up to 2 months for a DWI.
(b) 1st Offense: up to $1,000 fine for a DUI, or up to $500 for a DWI.
(c) 1st Offense: a minimum of 6 months license suspension by MVA for
both DUI and DWI
(a) 2nd Offense: up to 2 years in jail for a DUI, or up to 1 year for a DWI.
(b) 2nd Offense: up to $2,000 fine for a DUI, or up to $500 for a DWI.
(c) 2nd Offense: up to a 1 year license suspension for both a DUI and a DWI.
(a) 3rd Offense: up to 3 years in jail .
(b) 3rd Offense: up to a $3,000 fine.
(3) 3rd Offense: 18 months minimum license suspension.
III. Take note that Maryland has an implied consent law. That means that if a person refuses to submit to a chemical test he or she will be subject to a fine and automatic license suspension.
IV. There are some common drunk driving defenses, including: improper stop by the police; improper administration and, thus, inaccurate field sobriety tests; improper administration and,thus, inaccurate breathalyzer tests; improper administration and, thus, inaccurate chain of custody of blood tests; rising blood alcohol concentration; the accused was not the driver; and other improper police actions, etc.
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