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Do you have any previous drunk driving convictions?

Yes No

If so how many?

Was there an accident?

Yes No

Was anyone hurt?

Yes No

What sobriety tests were performed?

Handheld Breath Test
Walk Straight Line
One-Leg Stand
Follow Pen With Eyes
Speak Alphabet
Touch Your Nose
Other

Are you currently on probation or parole for any offense?

Yes No

Additional Information:

Were you arrested at the scene?

Yes No

Did you take the Breath Test?

Yes No

Result of breath test

Your Name

Phone Number

Email Address

Maryland DUI Lawyer / Maryland DWI Lawyer
VIRGINIA DUI LAWYER / VIRGINIA DWI LAWYER


Driving Under the Influence / Driving While Intoxicated

If you drive while intoxicated (DWI) or drive under the influence (DUI) you run the risk of killing or seriously injuring yourself and someone else. In addition you run the risk of losing your license, going to jail, losing a security clearance, a job and damaging your reputation.   The most serious charge carries a maximum penalty of three (3) years incarceration or a $3,000 fine.  Additionally, if charged with a Maryland DUI or DWI, you can lose your privilege to drive for up to one (1) year or more.  Maryland, Virginia and the District of Columbia all not long ago lowered the legal limit for driving while intoxicated.

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DUI, / DWI, LAWS IN MARYLAND

The difference between driving under the influence of alcohol (DUI) and driving while impaired (DWI) by alcohol is a difference in blood alcohol percentage.

DUI (driving under influence) is the more serious offense and requires a breath alcohol content (BAC) (link below) of 0.08 or higher. If a field sobriety test was not performed, the State of Maryland must prove that the alcohol substantially impaired the driver’s normal coordination. Maximum penalties areas follows:

1. First offense: 1 year and/or $1,000 fine

2. Second offense: 2 years and/or $2,000 fine

3. Third offense: 3 years and/or $3,000 fine

In addition, MVA may assess 12 points and revoke the operator’s drivers license.

DWI (driving while impaired) requires a breathalyzer test result between 0.07 and 0.08. If a field sobriety test was not performed, the State of Maryland must prove that the alcohol impaired the drivers normal coordination to some extent. Maximum penalties are as follows:

1. First offense: 60 days and/or $500 fine

2. Subsequent offenses: 1 year and/or $500 fine

 

Men
  Approximate Blood Alcohol Percentage
Drinks Body Weight in Pounds  
  100 120 140 160 180 200 220 240  
0 .00 .00 .00 .00 .00 .00 .00 .00 Only Safe
Driving Limit
0 .00 .00 .00 .00 .00 .00 .00 .00
Only Safe Driving Limit
1 .04 .03 .03 .02 .02 .02 .02 .02 Driving
Skills
Significantly
Affected
Possible
Criminal
Penalties
2 .08 .06 .05 .05 .04 .04 .03 .03
3 .11 .09 .08 .07 .06 .06 .05 .05
4 .15 .12 .11 .09 .08 .08 .07 .06
5 .19 .16 .13 .12 .11 .09 .09 .08
6 .23 .19 .16 .14 .13 .11 .10 .09 Legally
Intoxicated

Criminal
Penalties
7 .26 .22 .19 .16 .15 .13 .12 .11
8 .30 .25 .21 .19 .17 .15 .14 .13
9 .34 .28 .24 .21 .19 .17 .15 .14
10 .38 .31 .27 .23 .21 .19 .17 .16 Death Possible
Subtract .01% for each 40 minutes of drinking.
One drink is 1.25 oz. of 80 proof liquor, 12 oz. of beer,
or 5 oz. of table wine.

 

The remainder is only an estimate of the % of alcohol in your blood

Many defenses to DWI or DUI, such as, an unauthorized stop by the police are losers. Usually a good criminal lawyer, however, does know which defenses may lead to an acquittal.  If you are driving in an unusual fashion, i.e. swerving the police have the right to stop your vehicle. Arguing later, in Court, that you were not swerving, is not even possible. Further, the police have the right to stop your vehicle at a sobriety check point. Upon being stopped, if the officer suspects that you were intoxicated, (in other words if you demonstrate any of the signs such as slurred speech, blood shot eyes or alcohol smell) you can be asked to perform certain field tests. Field tests include a test involving your eyes, speech (the alphabet), and physical ability (walking a straight line). You may also then be asked to take a chemical sobriety test. Our advice is to take the test and cooperate.

In the event you are charged with, driving while intoxicated (DWI) or driving under the influence (DUI), you will be given certain documents. One paper is a temporary license and motor vehicle hearing request form. This form; a long with the appropriate hearing fee should be mailed to the MVA immediately so you obtain a license hearing. If it is your first offense and you took the Breathalyzer test and you did not blow too high, the hearing should enable you to obtain a restricted license instead of a suspension.

In addition to a Motor Vehicle Administration (MVA) hearing you will have a hearing in the District Court in the county where the Maryland offense occurred. At trial the outcome will depend on actions that you have taken since the DWI or DUI. Prior DWI or DUI convictions are taken very seriously and may result in some jail time. On the other hand, if you have not been arrested before and have enrolled in an out-patient Court approved alcohol rehabilitation program, the Court will look more favorably upon you. In Maryland, if you follow certain Court imposed restrictions you may obtain a probation before judgment. Probation before judgment means that if you are not arrested again during the probationary period and follow the Court's restrictions and/or requests you will have no criminal record for this offense. A probation before judgment means there is no conviction, therefore MVA can impose no points and your insurance rates will not go up.

If you are convicted of a DUI or DWI the Motor Vehicle Administration may take action against your license seeking to suspend, revoke or otherwise restrict driving privileges.  In certain cases one offense may lead to suspension or revokation.  Prior to having your driving privileges suspended or revoked you are entitled to a hearnig.

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Accident Lawyers in Maryland, Virginia & Washington DC

For over fifteen years the attorneys at Portner & Shure have been representing victims injured in automobile accidents.  You may request a free consultation with our personal injury accident lawyers in Maryland, Virginia & Washington D.C., to make sure you get the benefits you are entitled to.

Maryland, Virginia & Washington DC Immigration Lawyers

Do you have an immigration issue? Contact our law firm today for a free case evaluation. Want to learn more? Read our online resources:


Howard County
5300 Dorsey Hall Drive
Suite 104
Ellicott City, MD 21042
Montgomery County
14 South Adams Street Rockville, MD 20850
Northern Virginia
HQ Tycon Towers 8000 Towers Crescent Drive #1350 Vienna, Virginia 22182
Houston, Texas
25231 Grogan's Mill Road Suite 110 The Woodlands, TX 77380
Anne Arundel County
Ritchie Highway
Glen Burnie, MD 21122
anne arundel county
Riva Road
Annapolis MD 21401
anne arundel county
Postal Court
Pasadena, MD 21122
Frederick County
Guilford Drive Frederick, MD 21704
baltimore county
Baltimore-National Pike
Catonsville, MD 21228
Baltimore County
Painters Mill Road
Owings Mills, MD 21177
Eastern Shore
Dover Road,
Easton MD 21601
Route 50
Cambridge MD 21613
eastern shore
Riverside Drive
Salisbury, MD 21801
Coastal Highway
Ocean City, MD 21842
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