Arrested on a DUI or DWI Charge in Maryland? Fight Back to protect your right to drive!
Maryland’s drunk driving (DUI/DWI) laws are as strict as they are complicated. If you’ve been arrested on a DUI or related charge, you need some professional advice from an experienced criminal defense attorney who understands Maryland DUI laws and can help you navigate your options to defend your rights and your freedom to drive.
Call for a free consultation on any DWI or DUI charge at (888) 452-4344, or contact me through my web form.
What are the Laws for Drunk Driving / DUI / DWI in Maryland?
The Blood Alcohol Content (BAC) limit in the state of Maryland is .08%.
A charge of DUI is different than a charge of DWI under Maryland law.
You are charged and arrested for DUI if you have a a BAC of .08% or higher.
You are charged and arrested for DWI in you are determined to have a BAC of .07%.
A DUI (driving under the influence) has harsher penalties associated with it than a DWI (driving while impaired).
Maryland DUI Laws (Driving Under the Influence – BAC .08 or higher)
A first offense DUI carries the following consequences:
- the possibility of 1 year in jail,
- driver’s license suspension for 45 days,
- up to $1,000 fine, and
- 12 points on your driver’s license.
A second offense DUI carries the following consequences:
- the possibility of 2 years in jail;
- a minimum mandatory of 5 days if the 1st DUI is less than 5 years old;
- up to $2,000 fine, and
- 12 points on your driver’s license.
Maryland DWI Laws (Driving While Impaired – BAC .07)
A first offense DWI carries the following consequences:
- the possibility of 2 months in jail,
- a driver’s license suspension of up to 60 days,
- up to $500 fine, and
- 8 points on your driver’s license.
A second offense DWI carries the same consequences as a 1st offense, with the exception that a guilty on a 2nd offense carries the possibility of 1 year in jail.
Breath Test Refusal
Refusing to take the breath test is admissible in court against the refusing driver. Failure to take the breath test will results in your license being revoked for 120 days on a first offense.
Can I beat my DUI or DWI charges in court? What should I do?
Yes, there are excellent defenses for many drunk driving related charges. We can:
- Challenge the constitutional basis for the stop. The police must have a valid reason to pull you over. They can’t stop you based on an anonymous call. They must be able to explain the reason.
- Challenge the accuracy of the breath test machines. Many medical conditions can cause false positives on breathalyzer machines. We can also subpoena machine maintenance records, operating training records, and more.
- Challenge the accuracy of any field sobriety tests. The police officers must follow precise procedures when administering field sobriety tests for them to be considered scientifically accurate according to National testing standards. Are you overweight? Do you have medical problems with your back, neck, legs, knees or feet? You may not be a valid candidate for field testing. Did the officer do the testing on a slope? Did he use an “imaginary” line for you to walk? These are against his training, and can easily explain a “so-called failure” on these unfair tests.
And there is much more. I’ll need to examine the evidence against you in the police report to make a full evaluation of the best possible defenses in your particular circumstances. During a free consultation, I’ll tell you exactly what I can do to fight on your behalf, and what I think are chances are of winning and getting you off.
Other DUI Defense Legal Options
Probation Before Judgment (PBJ)
In the state of Maryland, a person may be eligible for probation before judgment (PBJ) if you have not been convicted of a DUI or DWI within the past 10 years. A PBJ means that the judge strikes the finding of guilt and places you on a period of probation. If you complete the probationary period without any violations, then you will not have a conviction on your record, no points will be assessed to your license, and the guilty finding will not show on your driving record. The PBJ will, however, appear on a separate PBJ driving record. Additionally, a PBJ does not count as a prior conviction.
The judge has discretion in determining whether to issue a PBJ. Generally, a judge will issue a PBJ if the you have a short criminal record and are willing to undergo alcohol education (if you has not done so already) and are willing to complete community service.
Call For a Legal Consultation on A Drunk Driving Charge
Drunk driving cases can be beaten! To find out what I can do to help you protect your rights and freedom to drive, call (888) 452-4344.
Call me at (888) 452-4344 for my legal opinion on a defense of your DUI arrest. My case evaluation is free.