Have you been arrested for a DUI or DWI in Silver Spring, Maryland? Jeyzic & Moyse have the experienced and aggressive attorneys you need to help minimize the long term effects of having a DUI charge on your criminal record.
What is a DUI? What is a DWI?
Silver Spring has two separate charges for driving under the influence: Driving Under the Influence of Alcohol (DUI) or Driving While Impaired by Alcohol (DWI). To be charged with a DUI or a DWI, a driver must either be operating or “have actual physical control” of a motor vehicle, while sustaining a blood alcohol concentration (BAC) of .08 or greater.
“Actual physical control” over a vehicle is determined by several factors:
- Is the engine running? Is the ignition on?
- Where is the inebriated person positioned in the vehicle?
- If this person is awake, where is the ignition key located?
- If the headlights are turned on, is the vehicle in a roadway or parked legally?
What’s the difference between a DUI and a DWI?
Silver Spring’s distinction between a DWI and a DUI is based on the degree by which a person is impaired. 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.
What is “per se” intoxication?
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.
It’s important to remember that you have the right to refuse to submit to a blood or breath test, and a jury does not always consider this as per se proof of guilt.
What are the penalties for a DUI in Maryland?
Driving Under the Influence of Alcohol (DUI) is a criminal charge in Maryland that can carry a wide variety of penalties.
- First time offenders can 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.
Why should I contact a DUI/DWI Lawyer?
Any driver in Maryland who has been charged with a DUI or a DWI offense should contact a DUI lawyer to help defend against this charge and even beat it.
Our 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 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.
Jezic & Moyse DUI Cases
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
Call our Silver Spring DUI lawyers today to schedule a free consultation.