DUI/DWI

 Penalties for DUI/DWI Convictions

• First Offense DUI (Driving Under the Influence): If you are convicted of DUI with a blood alcohol content of .08 or more, penalties include up to 1 year in jail, up to $1,000 in fines, and 12 points on your license. Punishments are enhanced for subsequent DUI offenses.
• First Offense DWI (Driving While Impaired): It is also possible to face a charge involving a lower amount of alcohol in your system, usually .07 BAC. Conviction for DWI could result in up to 60 days in jail, up to a $500 fine, and 8 points on your license.
• First Offense Driving While Impaired by Drugs: This charge entails driving while your abilities are impaired by legal or illegal drugs and can result in a maximum of 1 year in jail and up $1,000 in fines.
• First Offense DWI with Minor in Vehicle: You could be sentenced to a maximum of 6 months in jail and a $1,000 fine.
• First Offense Underage DUI (a BAC of only .02%; Maryland has a zero-tolerance law for minors caught driving under the influence): penalties include $500 fine and 45-day license suspension.
• First Offense DUI with a Commercial Driver’s License (CDL): License suspension for up to 1 year; losing your CDL can affect your ability to make a living, so it is vitally important to aggressively fight against these charges.
• Refusal to submit to a breathalyzer test can result in an automatic 120-day suspension of your license, and can be admitted in court as prima facie evidence of your guilt.

Motor Vehicle Issue

As I’ve indicated above, in addition to incarceration, fines and probation a DUI/DWI arrest can result in serious problem with the MVA? The MVA has the right to suspend your license under certain circumstances (see my “Frequently Asked Questions”). However, in either circumstance, if you are arrested and you refuse the breathalyzer exam, then the police will confiscate your license. Similary if you take the Breathlyzer Test and your BAC reading exceeds .08 the police can seize your license. However in either circumstance you are absolutely entitled to a hearing before the MVA to determine if your license should be suspended. This request must be filed within the time limits specified in the paperwork provided by the police.

• Did you understand what you were doing when you refused the breathalyzer? Although this is a difficult situation, it may be possible to argue at a hearing that you were not informed of the ramifications of refusing the breathalyzer.
• Did the police have a right to stop you and question you? An investigation into whether the officer had reasonable suspicion to stop you and probable cause to arrest you could prove invaluable. The police must have reasonable suspicion in order to stop your car. Was their suspicion grounded?
• If you failed the test, was there another reason besides alcohol or drug consumption? In Maryland, law enforcement typically uses three field sobriety tests: the Horizontal Gaze Nystagmus Test, The Walk and Turn Test, and the One Leg Stand Test. These activities test balance, coordination, memory and cognitive function. There could be any number of reasons that a person’s balance or coordination is impaired.
• If you are arrested and you refuse the breathalyzer exam, then the police will confiscate your license. Similarly if you take the test and your reading exceeds .08 the police can take your license. However you are absolutely entitled to a hearing before the MVA to determine if your license should be suspended. This request must be filed within the time limits specified in your paperwork provided by the MVA.