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 to 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 DUI 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 their driver’s license, and 12 points on their 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.
- 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: Auto insurance providers consider DUI/DWI convictions to be a major red flag, often classifying those with convictions as high-risk drivers. This can lead to significantly higher premiums and, in some cases, may even lead to your insurer refusing to renew or continue your policy.
- Decreased credit ratings: Although a DUI/DWI doesn’t directly affect your credit scores, the financial consequences you face, such as higher insurance premiums and fines, can contribute to financial strain that may drop your credit score dramatically.
- Travel restrictions: A select range of countries, such as Canada, have strict entry requirements surrounding individuals with DUI/DWI convictions. You may face travel restrictions or even denial of entry into these countries if convicted. Even within the U.S., you may face issues with obtaining certain types of transportation-related licenses, such as a commercial driver’s license (CDL).
- Additional costs: Beyond fines, a DUI conviction may lead to other lofty costs, such as legal costs, admission to an alcohol education program, or the expense of installing an ignition interlock device in your vehicle.
- Employment consequences: Some employers conduct background checks or require employees to disclose criminal convictions, including DUI/DWI offenses. A conviction can affect job prospects in specific fields, and, in some instances, it can lead to disciplinary action or termination in certain professions. A sentence may also tarnish your professional reputation.
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.
The Role of a DUI Lawyer
If you’re facing DUI or DWI charges, seeking help from a skilled lawyer is important. Maryland’s DUI laws are complex, so their in-depth knowledge of applicable laws can prove invaluable when navigating these cases.
Your lawyer will:
- Review the details of your arrest, including the administration of field sobriety and breathalyzer or blood tests
- Challenge the evidence presented by the prosecution, identifying any procedural errors or inaccuracies associated with your arrest.
- Offer sound legal advice to help you make informed decisions
- Represent your interests and work toward preserving your driving privileges
- Negotiate with the prosecution to potentially reduce charges or penalties
Our experienced Silver Spring, MD, DUI lawyers are here to help you traverse the complexities of your case. If you’re facing a DUI or DWI charge, we can help you determine your legal options.
Jezic & Moyse DUI Cases
Here are some cases we have taken to trial and won in the past, saving our clients thousands in 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
Get Personalized Assistance With Your Case
Facing a potential DWI or DUI conviction can be scary, especially considering their far-reaching impacts, such as license suspension or revocation. Our experienced DUI attorneys in Silver Spring, MD, are here to advocate for your rights and help you navigate your case.
Call our Silver Spring DUI lawyers today at 240-292-7200 or complete our online contact form to schedule a free consultation.
Frequently Asked Questions
What Happens if I Refuse a Breathalyzer or Field Sobriety Test During a DUI/DWI Stop?
If you refuse to take a breathalyzer or field sobriety test during a DUI/DWI stop, your refusal can give the officer enough information to establish probable cause to arrest you. If you refuse to take a chemical breath test afterward at the station, the Motor Vehicle Administration outlines specific consequences, including a mandatory suspension of driving privilege that lasts 270 days for the first offense or requiring an Interlock Ignition device in your vehicle for up to one year.
Do I Need a Lawyer for My DUI/DWI Case?
While having a lawyer isn’t mandatory for your DUI/DWI case, these cases are often complex. Maryland’s laws and statutes can be hard to understand if you don’t have in-depth legal knowledge, so enlisting help from an experienced DUI/DWI lawyer in Silver Spring, MD, is wise.
What Should I Expect From the DUI/DWI Legal Process?
After arrest, the DUI/DWI legal process includes multiple key stages, including arraignment, pretrial hearings, negotiations with the prosecutor, and potentially a trial. Your lawyer will guide you through each phase, explaining your rights and options and providing expert legal advice tailored to your specific circumstances.