Maryland DUI Lawyer
Maryland has two separate charges related to “drunk driving” or driving after consuming other inebriating substances: Driving Under the Influence of Alcohol (DUI) or Driving While Impaired by Alcohol (DWI). To be charged with a DUI or DWI, a driver must be operating or in actual physical control of a motor vehicle and have a blood alcohol concentration (BAC) of .08 or greater.
Actual physical control over a vehicle is determined by looking at several factors; whether or not the engine is running or ignition is on, where the person is positioned in the vehicle, if the person is awake, where the ignition key is located, if the headlights are on, and if the vehicle is in a roadway or parked legally.
Difference between DUI and DWI
The key distinction between a DUI and DWI is one of degree. A DUI is much more serious and requires that a person’s normal coordination be substantially impaired by alcohol. A DWI is less serious and requires that alcohol has impaired the person’s normal coordination to some extent. A jury is also permitted to find that a defendant is guilty of a DWI based solely on a BAC of .07, unlike a DUI.
A person is considered “per se” intoxicated if their BAC is .08 or above in Maryland.
This means that you can be charged with, and convicted of a DWI, even though your actual driving was not affected by your alcohol consumption. You do have the right to refuse to submit to a blood or breath test, and a jury may not consider this as per se proof of guilt.
Penalties for DUI in Maryland
Driving Under the Influence of Alcohol (DUI) is a criminal charge in Maryland that can potentially carry a wide variety of penalties. First offenders face up to one year in prison, fines of up to $1,000, suspension of your driver’s license, and 8 points on your driving record. Second time offenders face the possibility of up to two years in jail, $2,000 in fines, driver’s license suspension or even revocation, and 12 points on your license. Offenders with three or more DUIs face up to three years in jail, $3,000 in fines, and driver’s license suspension or license revocation.
In addition to the above penalties, a DUI/DWI conviction can lead to increased auto insurance premiums, decreased credit ratings, travel restrictions, and various other costs. Any driver in Maryland who has been charged with either offense should consider hiring an experienced Maryland DUI lawyer to help defend against this charge and even beat the case.
To be charged with a DUI or DWI in Maryland, a driver must be operating or in actual physical control of a motor vehicle and have a blood alcohol concentration (BAC) of .08 or greater.
DUI defense lawyer Rand Lucey, recently argued an MVA traffic issue before the State’s highest court in Annapolis. He and attorneys David Moyse and Andrew Jezic have handled over 1000 MVA hearings, challenging license suspensions on every conceivable fine point of law.
Our lawyers will evaluate your traffic case and develop a specific legal strategy to beat the charges or minimize the potential consequences. Please call our Maryland DUI lawyers today to schedule a free consultation.
Jezic & Moyse, LLC DUI cases
Our law firm is no stranger to defending against DUI/DWI charges. Here are some cases we have taken to trial and won in the past, saving our clients thousands DUI fees and potentially many years in jail:
- David Wooten Saves client from DUI conviction
- Jezic gets two DUI cases dismissed
- Client found not guilty of DUI
- DUI case dismissed
- Marijuana DUI case dismissed
- Two DUI charges dropped in the same day
For more detail regarding these laws you can read the Maryland Official Code.