Maryland Trial Attorney Michael A. Taylor handles cases in DUI (Driving while under the influence) of alcohol or DWI (Driving while impaired) throughout Maryland. In addition, he also represents those facing drugged driving charges in Maryland. These are all very serious criminal offenses in the State of Maryland. If you are facing DUI or DWI charges in Frederick County, Montgomery County or Prince George’s County please call our Rockville DUI defense lawyers for a free case review.
Driving while under the influence of alcohol, while under the influence of alcohol per se.
- A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
Driving while impaired by drugs or drugs and alcohol
- A person may not drive or attempt to drive any vehicle while he/she is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he/she cannot drive a vehicle safely.
- It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person incapable of safely driving a vehicle.
Driving while impaired by controlled dangerous substance
- A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substances, as that term is defined in the Criminal Law Article.
The Difference Between A DWI & DUI In Maryland
Driving under the influence of alcohol (DUI) and Driving While Intoxicated (DWI) are criminal offenses in Maryland. Both offenses center around drunk driving yet have differing legal consequences. In some situations, the driver may be initially charged with a DWI and DUI. The prosecution will pursue a DWI charge if there is no breath result or if the driver’s blood alcohol content (BAC) is lower than .07%. If the driver’s BAC is .08% or higher, the prosecution will likely proceed with a DUI.
If you or a loved one has been arrested for a DWI or DUI in Maryland, contact my law office for a consultation. Depending on the nature of the case, I may be able to have the DUI reduced to a DWI, or completed dismissed. Read on to learn more about the difference between a DWI and DUI in Maryland and how our Rockville DUI defense lawyers can help you.
Maryland DWI Laws Overview
A DWI is the lesser offense of a DUI. As mentioned above, a DWI stands for Driving While Intoxicated. A driver may be charged with a DWI if his/her BAC is between .04 – .07%. For a first-time offender, the driver may face up to two-months in jail and be required to pay a fee of $500. In addition, the driver’s license will be suspended and up to 8 points may be added to his/her driving record. If the driver refused to take a chemical test pursuant to Maryland’s implied consent law, or failed the test, his/her driver’s license will be suspended as well.
Maryland DUI Laws Overview
A person is usually charged with a DUI if his/her BAC is .08% or higher. A DUI is a more serious crime in comparison to a DWI and results in harsher penalties and fines. For example, a first time offender may spend up to a year in jail and be required to pay a $1,000 fine. In addition, the driver will lose his/her driver’s license and have up to 12 points added to his/her
The Difference Between A DWI & DUI
As you can see above, the consequences for a DWI/DUI mostly center around a driver’s BAC. If a driver’s BAC is .08% or higher, he/she will likely be charged with a DUI. You should contact our experienced Rockville DUI defense lawyers immediately after being charged with a DWI/DUI. An experienced attorney can help reduce the charge due to the amount of proof required for the state to uphold either charge. Though a DWI is a lesser charge, it still carries severe penalties. A driver charged with a DUI may be able to plead down to a lesser offense and reduce the penalties/fines asserted against him/her.
Contact Our Rockville DUI Defense Lawyers
Contact my law office for more information about my drunk driving criminal defense legal services. I provide DWI/DUI criminal defense to residents of Maryland. As mentioned above, depending on the nature of your case, Our Frederick, MD DWI defense lawyers may be able to have your DWI/DUI charge reduced or completely dismissed. Do not delay in contacting our Rockville DUI defense lawyers to discuss your rights and how to protect them.
What To Do If Pulled Over For DUI In Maryland
If you are pulled over for driving under the influence in the Frederick, Rockville or Upper Marlboro, MD areas your life can get very complicated very quickly. Not only are you facing criminal charges, a MVA hearing and a license suspension but you may also be looking at thousands of dollars in fines, fees and court costs. While it is common knowledge that driving after drinking alcohol is against the law people still do it. Below are several things you should do if you have been pulled over for a DUI or DWI in Maryland:
1. Once police are behind you and flash their lights carefully pull over to side of the road using your turn signal.
2. As the police officer, or officers, approach your vehicle stay inside the vehicle with your hands on the steering wheel.
3. Be polite and cooperate with police.
4. Once it is requested by the police officer find and produce your drivers license, vehicle registration and proof of insurance.
5. If you choose to you may invoke the Fifth Amendment. This means that you do not have to answer any questions they ask you. If the police officer asks if you have been drinking calmly say that you are claiming your Fifth Amendment right not to incriminate yourself.
6. If/when you are asked to take a chemical test or blood alcohol test you do not have the right to refuse that test. Due to Maryland’s Implied Consent Law you must take the test. Otherwise, your drivers license will be automatically suspended for a period of 12-18 months. The period of suspension is determined by your previous DUI history.
7. Do not get out of your vehicle unless you are asked to. If you are asked to get out try very hard not to stumble or fall when getting out.
8. Refuse any and all field sobriety tests. These are not required under Maryland law. You can fail these tests for numerous reasons even if you are completely sober such as having poor balance, poor vision and or a medical condition.
9. If you are ultimately arrested for DUI in do not hesitate to contact Rockville DUI defense lawyers for a free consultation. He is a former police officer and will use his experience on both sides of the law to obtain the best possible outcome for you.
If you have been charged with a DUI or DWI in Maryland, there’s no time to lose, call our Rockville DUI defense lawyers at (301)251-2772 or email firstname.lastname@example.org.