Silver Spring offers people an amazing nightlife with its wide variety of bars and restaurants. Sometimes, people consume too much alcohol and make the mistake of getting behind the wheel of their car. People then find themselves being charged with a variety of alcohol related driving offenses including Driving Under the Influence (“DUI”) and Driving While Impaired (“DWI”).
If you have recently been charged with a DUI or DWI, you should consult a Silver Spring, Maryland DUI attorney immediately. A DUI conviction can result in the loss of one’s driving privilege, a permanent criminal record, potential jail time. The criminal defense attorneys at Portner & Shure, P.A., have been successfully defending DUI cases in Montgomery County for over 25 years. Our attorneys will fight to protect your rights and your freedom.
For a free consultation, (240) 233-2801 or contact us online.
Maryland DUI Laws
The State of Maryland has several statutes covering alcohol related driving offenses. When a person is charged with an alcohol related driving offense, they receive several citations. Pursuant to Maryland Transportation Article § 21-902(a), it is illegal to drive under the influence of alcohol. A conviction for a first time DUI carries a potential penalty of 1 year in jail and/or a fine of $1,000.00. A conviction for a second DUI carries a potential penalty of 2 years in jail and/or a fine of $2,000.00. Additionally, a DUI conviction will result in 12 points being assessed against a person’s driving privilege. In order to be conviction of a DUI, the prosecution must put forth evidence proving that a person’s blood alcohol level exceeded .08. Pursuant to Maryland Transportation Article § 21-902(b), it is illegal to drive while impaired. A conviction for a first time DWI carries a potential penalty of 60 days in jail and/or a fine of $500.00. A conviction for a second DWI carries a potential penalty of 1 year in jail and/or a fine of $500.00. Additionally, a DWI conviction will result in 8points being assessed against a person’s driving privilege. In order to be conviction of a DWI, the prosecution does not prove that a person had a blood alcohol level above .08. To be convicted of a DWI, the prosecution needs only to present evidence that an individual had alcohol in their system and that an individual was impaired by the alcohol.
When a person is charged with a DUI, this creates a criminal case that is adjudicated by a Maryland Court and it also results in administrative penalties from the Maryland Motor Vehicle Administration (“MVA”). The administrative penalties are separate from the penalties that could be imposed from the criminal case. This is because MVA is part of Maryland’s Executive Branch of Government while a Court is part of Maryland’s Judicial Branch of Government. Stated simply, when a person is charged with a DUI they will receive a notice from the MVA that their license will be suspended as an administrative penalty for receiving a DUI. The length of the suspension depends on certain factors. Specifically, depending on whether a person refused or provided a breathalyzer sample, along with a person’s blood alcohol level will affect the length of the suspension. A DUI, and the potential administrative penalties, can be challenged or modified at hearing before an Administrative Law Judge. However, a positive outcome in the criminal case, i.e., a not guilty finding, will not affect the administrative process through the MVA.
Portner & Shure, P.A.’s Approach and Services
The Montgomery County Police and The Office of the State’s Attorney for Montgomery County vigorously enforces Maryland’s DUI laws. Very often, prosecutors refuse to drop cases with weak evidence. At Portner & Shure, P.A., our experienced criminal defense attorneys meticulously review the prosecution’s evidence. Our attorneys will evaluate whether the officer had probable cause to conduct a traffic stop. Along with this, our attorneys evaluate whether the officer had reasonable grounds to ask a person to provide a breath sample and whether the officer properly advised a person of their rights pursuant to Maryland Transportation Article § 16-205.1.
Why Hire Portner & Shure, P.A.?
A DUI is a serious matter that can result in life altering consequence. Representation by Silver Spring, Maryland DUI attorney is essential. The award-winning attorneys at Portner & Shure, P.A., had been successfully defending their English, Chinese (Mandarin and Cantonese), Vietnamese, Korean, and Spanish speaking clients for DUIs in Montgomery, and throughout the State of Maryland for over 25 years. The American Institute of Criminal Law Attorneys of 2020 recently recognized Portner & Shure, P.A. as one of Maryland’s “10 Best Law Firms”.
To schedule a free consultation regarding your Silver Spring DUI case, contact us at (240) 233-2801 or contact us online.
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