Getting charged for a crime can be scary. Often, it may feel like a lonely, confusing path. With Maryland DUI and DWI convictions being so complex, it can be very difficult to understand the process and what your next steps should be. Sentencing can have a negative impact in your personal and professional life without proper direction. Different factors make each case unique, and penalties are relative to your situation, so contacting a criminal defense lawyer can be invaluable to understanding the strengths and weaknesses of your case and crafting the best defense possible.
Maryland DUI Penalties
The Maryland court system takes DUI and DWI offenses seriously. The criminal charges for both can impact your freedom, finances, and daily life, and include fines, jail, probation, suspension of your license, alcohol education programs, and treatment sessions.
DUI vs DWI
In Maryland, a DWI charge is classified as a blood alcohol content (BAC) level of at least .06%, whereas for a DUI, the BAC must measure .08% or greater.
DUI (Driving Under the Influence) Offenses
First Offense:
- Up to 12 months of jail time
- Up to $1,000 in fines
- 12 points on driving record
- Possible revoked driving privileges
Second Offense:
- Up to 2 years jail time
- Up to $2,000 in fines
- Possible revoked driving privileges
DWI (Driving While Impared) Offenses
First Offense:
- Up to 2 months of jail time
- Up to $500 in fines
- 8 points on your driving record
- Possible driving privileges suspended
Second Offense:
- Up to 1 year in jail
- Up to $500 in fines
- Possible revoked driving privileges
Penalties for your third or subsequent violations may be enhanced, as well as if you have a minor in the vehicle.
BAC Test Refusal
Under Maryland’s implied consent law, anyone who operates a vehicle within the state is deemed to have consented to having their breath or blood tested. This requirement applies if the driver is legally detained for suspicion of intoxicated driving.
A driver who refuses the request is subject to their license being immediately seized. An officer is required to take the driver’s license, issue a temporary 10-day license, and then forward the refusal certification to the Motor Vehicle Administration. Drivers who want to contest their suspension have ten days to request a hearing. A driver’s license can be suspended for 270 days if the suspension is uncontested or affirmed. Anyone with prior intoxicated driving suspension can face a 2-year suspension for refusing a BAC test.
Other than license suspension, an ignition interlock device (IID) can be applied for after being suspended due to any intoxicated incident. Any driver who’s suspended for test refusal will be eligible to have their license reinstated after completing one year successfully with an IID.
Test results are usually used to prove a DUI in court, so drivers who refuse testing are admissible in court and can be considered by the jury as determining guilt.
Alcohol Education
Before applying to get a license that was revoked due to a DUI or DWI charge, you will have to attend an alcohol education program. These programs are designed to help you understand the dangers and repercussions in impaired driving, and to deter you from committing the offense again in the future. While in the course, you’ll also undergo an analysis to determine if you abuse alcohol or have any dependency issues. If so, you will be required to follow any treatment plans.
Impact on Insurance
If you aren’t convicted of a DUI, you won’t receive points on your driving record. A non-conviction should not have any significant impact with your insurance policy. However, if you are convicted, your insurance may raise your rates or drop you completely, depending upon the policy. Too many points, moving violations, or other strikes can affect your coverage and rate. With an attorney, you’ll be assisted in ensuring your record stays as clean as possible, and bringing an insurance company a resolved DUI with no points on your record can help you keep your coverage from being drastically affected.
Key Reasons to Hire a DUI Attorney
Every year, about 1.5 million people get arrested for drunk driving. In addition to fines and possible jail time, DUI charges can impact your employment, and your driver’s license can be revoked. Being arrested doesn’t mean you are guilty, and you have a chance to prove your innocence in court. You might think you can represent yourself, but there are multiple reasons to invest in hiring a DUI lawyer.
1. Immediate Competent Legal Assistance
When arrested, you will be questioned. You are not required to give testimony without the presence of an attorney. When you hire a DUI attorney, you’ll be given advice on what to say or not to say in these moments. Your attorney can help you fight your DUI charges to help avoid serious consequences by having a strong defense from the beginning and avoiding accidentally incriminating yourself.
2. Experience in the Courtroom
With so much on the line during your case, it’s best to have someone in your corner who intimately knows the legalities of DUI and DWI cases. DUI cases are often complicated, so you need to have a skilled attorney who understands the legal system and the strength of the case against you, as well as the potential defenses that apply to your circumstances. You can save money, spend less time in court, and possibly lessen your charges by hiring an experienced criminal defense attorney.
3. Reduced Sentence
If you are given a guilty verdict, depending on the severity of your case and the circumstances, you could be facing minor fines and classes or significant jail time. Your lawyer doesn’t have the power to overturn a judge’s sentence, but they can help you get a reduced sentence or even have your charges dismissed entirely, depending on the circumstances of your case.
Jeremy Widder Law Is On Your Side
While we all try our best, no one is perfect. You want to make sure you have the best representation during such a difficult and stressful time.
At Jeremy Widder Law, we have experience in a wide range of legal practice areas, and specialize in substance related offenses. We are ready to dedicate our time, energy, and resources to help you in your case from start to finish.
If you or someone you love is facing a substance related offense, we’re on your side and we’re ready to help. Let’s talk.
