DUI/DWI FACTS
DUI vs. DWI | MVA Penalties | Criminal Penalties | CDL Penalties | Breathalyzer | Probation Before Judgment (PBJ)
Did you know you have a right to call an attorney from the roadside prior to submitting to a breathalyzer test?
Many people hurt their case and their chances by seeking advice from their friends. You should only seek legal advice from an experienced DUI Lawyer who will aggressively fight your DUI charges and will seek to have your sentence reduced or your charges dismissed. As an experience DUI and DWI Attorney, Richard Miller has challenged the prosecution’s evidence in countless cases resulting in a reduction of sentencing penalties and even full dismissal.
The Difference Between DUI and DWI
Driving Under the Influence (DUI) is driving with a blood alcohol concentration over .08
Driving While Intoxicated (DWI) is driving with a blood alcohol concentration of .04 or more, but less than .08
If you are legally intoxicated you face both a criminal charge, as well as (MVA) civil license suspension proceedings. The MVA can impose the following penalties:
45-day license suspension for the first offense
90-day suspension for a subsequent offense
Total loss of driving privileges (license revoked)
MVA can issue a restricted license for the suspension period if you participate in the Ignition Interlock System Program (IISP)
12 points with the MVA
You are facing the following CRIMINAL penalties from your DUI or DWI Arrest:
First Offense DUI (driving under the influence of alcohol per se) blood alcohol content of .08 or more
Up to 1 year in jail and up to $1,000 fine and an imposition of 12 points
First Offense DWI (driving while intoxicated)
Up to 60 days in jail and up to $500 fine and an imposition of 6 points
Second Offense DUI (driving under the influence)
Up to 2 years in jail and up to $2,000 fines
Second Offense DWI (driving while intoxicated)
Up to 1 year in jail and up to $500 in fines. DWI also carries 8 points with the MVA and at a hearing the driver’s license may be suspended.
Third Offense DUI (driving under the influence)
Up to 3 year in jail and up to $3,000 fine
If arrested for DUI while transporting a minor
Additional up to 1 year in jail and up to $1,000 in fine
First Offense Underage DUI – Maryland has a zero-tolerance law for minors caught driving under the influence
Penalties include a 45-day license suspension and $500 fine
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
Refusing to submit to a breathalyzer test can result in an automatic 90-day or 120-day suspension of your license, and can be admitted in court as evidence of your guilt. BUT, you have the right to consult counsel before making a decision about taking the breathalyzer test. The police officer must allow you to call your attorney from your cell phone unless it would cause an unreasonable delay. ALSO, you actually have the right to change your mind after initially telling the police officer “yes” or “no” about taking the test; again, as long as it does not unreasonably delay the administering of the test.
Probation Before Judgment (PBJ)
You may be eligible to be placed on probation. If so, with a PBJ you will get no points on your driving record, but you may still be fined and be required to submit to conditions of probation. Many DUI attorneys will take the easy way out and tell you to take a PBJ, but Mr. Miller will thoroughly evaluate your case to determine whether your are better off accepting a PBJ or trying your case which may result in a “Not Guilty.”
Serving clients throughout Maryland including: Anne Arundel County, Baltimore County, Baltimore City, Carroll County, Cecil County, Frederick County, Harford County, Howard County, Montgomery County, Prince George’s County, and surrounding areas.
For your FREE consultation contact Mr. Miller today at (cell) 410-746-2271, (office) 410-358-5600, or email.
