DUI /DWI – Driving under the influence
Driving under the influence is illegal in Maryland, as other parts of the country. If you are over 21, you are considered to be under the influence if your blood alcohol content (BAC) is .08 or more, as measured by chemical tests. Under the implied consent law in Maryland, if you refuse to submit to a chemical test when requested to do so by the police, you may be subject to a license suspension automatically.
Maryland distinguishes between DUI and DWI. The former is more serious than the latter.
DWI
The maximum penalty for a DWI is imprisonment for 60 days, a fine of $ 500, and administrative license suspension for 6 months. To get your license reinstated you may need to complete a treatment program for alcohol abuse and substances. A judge is not required to impose the maximum penalty. Although there is no mandatory minimum term of imprisonment, those convicted of DWI face a longer sentence of six months in prison and a maximum fine of $ 2,000 if they transport a minor at the time of arrest.
DUI
On the other hand, if you have a BAC of .08 or higher, you can be convicted of a DUI or DUI per se. Maximum penalty for these offense is a fine of $ 1,000 and 1 year of imprisonment as well as administrative license suspension of six months and certain provisions related to the restoration of your driving license. As with a DWI conviction, there is an improvement of DUI conviction if you were carrying a minor at the time you were arrested; specifically, you can be jailed for up to two years. In addition, a DUI conviction puts 12 points on your record, unlike the 8 points you receive with DWI conviction.
ADDITIONAL CONSEQUENCES of DUI / DWI
First offenders in Maryland may be eligible for probation before judgment (PBJ), which allows the background / person records of convictions remain clean. If a person is subject to PBJ, sanctions are not imposed on the driver’s license and car insurance premiums remain to the same driver.
On the other hand, beliefs influence the sentencing of future charges of DUI / DWI, for a period of 5 years. For example, if you are convicted for a second DUI within five years of a previous conviction, you are subject to a mandatory minimum sentence of imprisonment of five days to a maximum prison sentence of two years and a fine of $ 2,000. If you are convicted of a third DUI within five years of prior convictions, the maximum penalty is imprisonment for 3 years and a fine of $ 3,000.
The fines and imprisonment are not the only possible consequences in the context of DUI / DWI. Judges can also order community service, probation, and attendance at a victim impact panel. In addition, you can have your license suspended, depending on the nature of the conviction and criminal record. There are possible additional penalties, as well as the requirement that an ignition interlock device to be installed in your vehicle in order to prevent your driver’s license to be suspended.
Lawyers who are knowledgeable about the crimes of DUI / DWI are sometimes able to get reduced sentences or find procedural errors that can lead to charges against you being dropped. If you are facing a DUI / DWI, we recommend that you contact the criminal defense lawyers in Maryland with experience in the care of Anthony A. Fatima, LLC immediately.