Defending Individuals Who have been Arrested and Charged with DUI or DWI in Maryland
Drink drivers pose a serious threat to every other motor vehicle driver and passenger on the roadway. Maryland, like every other state in the country, treats drinking and driving charges very seriously. If you have been charged with a DUI or DWI in Maryland, the penalties for conviction can be steep and may affect you for years to come. In other instances, DUI cases may be thrown out entirely. This is especially true in cases where a police officer clearly violated the criminal defendant’s rights in one way or another.
The knowledgeable DUI criminal defense lawyers at Alpert Schreyer, LLC – DUI & Criminal Defense can gather the necessary evidence in your case, including the police report and chemical testing reports, and can help you formulate a good legal defense to your Maryland DUI or DWI charge. We may be able to help you obtain an outright dismissal of your charge or a favorable plea deal with the state’s attorney.
Where Can I Find Maryland Laws Pertaining to DUIs?
The Maryland laws that cover DUI and DWI elements and penalties can be found in the Maryland Transportation Code of the Maryland Statutes Annotated. Maryland DUI laws cover BAC limits, license suspensions, and ignition interlock device (IID) requirements. The DUI criminal defense lawyers at Alpert Schreyer, LLC – DUI & Criminal Defense can educate you on Maryland DUI law and may assist by defending you.
What Are the BAC Limits Under Maryland Law?
Maryland law provides for two standards of drinking and driving. First of all, a person can be charged with driving under the influence—or DUI—in Maryland, for having a blood alcohol concentration (BAC) of .08 or above. If you have a BAC of at least .08, the law of Maryland considers you to be under the influence of alcohol “per se.” If you are under the influence of alcohol “per se,” the State does not need to introduce other evidence, such as field sobriety test results or the smell of alcohol on your breath, in order to prove that you had been drinking and driving.
If you are found to have a BAC level of less than .08, you can be found guilty or convicted of driving while impaired by alcohol or drugs (DWI). A DWI is a less serious crime than a DUI in Maryland. The lawyers at Alpert Schreyer, LLC – DUI & Criminal Defense can determine whether or not your criminal charge was proper under the circumstances of your case and can help you formulate a good legal defense to your charge.
What Is the BAC Limit for a Minor?
Maryland treats underage drinking very seriously, and the penalties upon conviction can be particularly harsh. Maryland law currently provides for a “zero tolerance” policy when it comes to underage drinking and driving by minors. Under state law, a person must be 21 years of age to consume alcohol. Anyone who is under 21 years of age is considered a minor for purposes of drunk driving charges. If an underage driver has any alcohol in his or her system, the driver can be arrested for a DUI. This is true even if the minor was not “drunk” or did not appear to be under the influence of alcohol at the time of the arrest. The maximum BAC for a minor in Maryland is 0.02 percent.
What Is the BAC Limit for Commercial Drivers in Maryland?
Individuals who drive large trucks or tractor trailers are considered commercial drivers in Maryland. Commercial drivers are considered professional drivers, and as such, they are held to a higher standard of care under Maryland law. When it comes to drinking and driving, the maximum BAC for the driver of a commercial vehicle is .04%. If the driver’s BAC meets or exceeds that amount, then he or she can be charged with DUI in Maryland.
What Are the Criminal Penalties for a DUI Conviction in Maryland?
The potential penalties upon conviction of a DUI or DWI in Maryland depend largely upon the arrestee’s number of prior offenses (typically within the past five years). The potential sentence upon conviction also depends upon whether or not there were any passengers or children in the driver’s vehicle. It is also important to keep in mind that generally speaking, judges have wide discretion when it comes to imposing criminal sentences and penalties in Maryland DUI and DWI cases.
- A first-offense DUI conviction in Maryland can result in up to one year of incarceration, a fine of up to $1,000, or both.
- A second-offense DUI conviction in Maryland can result in up to two years of incarceration (five days minimum), a fine of up to $2,000, or both
- A third-offense DUI conviction in Maryland can result in up to three years of incarceration, a fine of up to $3,000, or both.
In addition to these criminal fines and penalties, the Motor Vehicle Administration (MVA) can also impose administrative penalties. These administrative penalties usually come in the form of “points” on your license. If you accumulate between eight and 11 points on your license, the MVA can suspend your license, and if you accumulate 12 or more points, your license can be revoked. These points cannot be taken off your driving record for a period of two years.
What Is an Ignition Interlock Device?
As of October 1, 2016, individuals who are convicted of a DUI can be required to install an ignition interlock device (IID) on their vehicle. Once the device is installed, the driver must blow into the device in order for the vehicle to start. If the device detects any alcohol on the person’s breath, the vehicle will not start. IID’s are expensive, as are the installation and monthly maintenance fees associated with them.
Contact a Maryland DUI Criminal Defense Attorney Today for a Free Initial Consultation
Criminal DUI convictions can be time-consuming and costly. The experienced DUI criminal defense attorneys at Alpert Schreyer, LLC – DUI & Criminal Defense can safeguard your legal rights while your case is pending and can assist you through every phase of your case. To schedule a free case evaluation and case evaluation with a Maryland DUI criminal defense lawyer, please call us today at (866) 444-6363 or contact us online.