Southern Maryland DUI Attorney
There are many laws with regard to DUI arrests, tests and penalties. Understanding these laws is a good first step to understanding your rights as a driver. This brief review of Maryland DUI laws may provide you with a basic understanding of Maryland‘s complicated laws relating to drunk driving. If you have further questions or would like to discuss your particular case, please call an experienced and knowledgeable defense attorney right away.
Driving Under the Influence: Maryland Transportation Code Section 21-902
Maryland Transportation Code 21-902 states: “A person may not drive or attempt to drive any vehicle while under the influence of alcohol.” The law also states: “A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.” Southern Maryland drivers may be pulled over for suspicion of driving under the influence of drugs or alcohol. To determine if a driver has a blood alcohol concentration (BAC) of .07 percent or higher, the officer may wish to administer a breath test. There is a time limit on when such a test may be administered.
Time Limits on DUI Tests: Maryland Law Courts and Judicial Proceedings Article 10-303
According to 10-303: “(1)A specimen of breath or one specimen of blood may be taken for the purpose of a test for determining alcohol concentration. (2) For the purpose of a test for determining alcohol concentration, the specimen of breath or blood shall be taken within two hours after the person accused is apprehended.” If the authorities choose to perform a blood test to determine the involvement of drugs or controlled substances, the test must be performed within four hours.
Driving While Impaired: Code Section 21-902
Having a BAC of .07 percent or below is a DWI offense in Maryland. While it may not carry the same penalties as a DUI, which is a more serious charge, the consequences of a DWI can still be severe. First-time DWI offenders could face two months in jail for a first time offense, so it’s important that you get the right help.
Additional Penalties for Repeat Offenders: Code Section 27-101
Depending upon the circumstances, a Southern Maryland driver may be charged as a repeat offender if he or she has been previously convicted within a five-year period. Penalties for repeat offenders are substantially more severe. That is why it is important to fight each allegation of driving under the influence because a future conviction could lead to extended jail time, heavy fines and more serious consequences.
The Importance of Securing Representation
Southern Maryland drivers facing drunk driving charges would be well-advised to seek representation from a skilled defense attorney. A knowledgeable Southern Maryland DUI/DWI attorney will know if it is possible to have the charges lessened or dismissed. In some cases, an attorney may be able to help their clients avoid jail time by seeking alternative sentencing. To explore all of your legal options and to begin building your defense, please call the attorneys at Alpert Schreyer, LLC. Call us today for a free and comprehensive case review.