If you have been charged with driving under the influence, you need all the help you can get – which is where the services of a Maryland DUI attorney can help mitigate the damage.

Are you aware of your rights under the law if charged with driving under the influence?

If This Is Your First Offense . . .

Under new Maryland drunk driving laws that took effect on 1 October 2009, if you are convicted of drunk driving for the first time and your blood alcohol content (BAC) level was over .08, you could be sentenced to a jail term of up to a year and fined as much as $1000. If you were transporting a minor at the time of the offense, these penalties can be  doubled. In addition, your driving privileges will be suspended for a minimum of six months.

Subsequent Offenses

Fines and jail sentences increase substantially after the first conviction. After a third  conviction, the offender faces a $3000 fine, three years in jail and loss of driving privileges for a minimum of eighteen months. If however, the offender was transporting a minor at the time, jail terms and fines are increased by one-third (so, $4000 and four years). The greater penalties also apply if injury or death is involved – in addition to any criminal or civil penalties.

Stricter Standards

Minors and commercial drivers are held to much stricter standards when it comes to driving and alcohol.

In the state of Maryland, it is illegal for persons under the age of 21 years to possess or consume alcoholic beverages. Therefore, a minor can be charged and convicted for drunk driving if any amount of alcohol is found in the system; a BAC level of .02 carries a $500 fine. In addition, the individual faces minor-in-possession charges.

Because of their responsibility for public safety, commercial drivers are also subject to lower BAC limits; .04 is sufficient to warrant conviction on a drunk driving charge.

Other Things to Know

Although the Constitution states that one is innocent of a crime until proven guilty in a court of law, Maryland’s Implied Consent law provides for what amounts to a legal exception when it comes to drunk driving offenses. If stopped on suspicion of drunk driving, you have the right to refuse to submit to testing (blood, breath or urine); however, your driving privileges are automatically revoked for a period of four months for the first refusal and one year for subsequent refusals.

Contacting a Lawyer

DUI and DWI cases are handled on the county level, and procedures vary from one county to the next. It is therefore important to get counsel from a legal professional who is familiar with the courts of the county in question.

A DUI lawyer may be able to get your driving privileges restored under certain conditions; for example, you may be allowed to drive to and from work if you install an interlock (a device that disables a car’s ignition if alcohol is present in the driver’s system). You may also avoid jail time for a first offense by enrolling in an alcohol treatment program.

About the Author:

Learn more about alcohol related driving offenses and your rights by going to http://marylandduiattorney.org.

Article Source: ArticlesBase.com – The Maryland DUI Attorney and Drunk Driving Penalties

Provisional License Laws in Maryland

The State of Maryland treats a driver’s license as a privilege, not a right. While the state of Maryland encourages all new drivers to practice driving, your conduct as a driver can put your driving privilege in jeopardy. Maryland provides for a graduated licensing system so that young drivers can practice driving in a safe environment, and earn greater privileges as they gain more experience.

In Maryland, you can obtain a learner’s permit at age 15 years, 9 months. MD TRANS § 16-103(c)(1). This is your first step to obtaining a license. Once you obtain your learner’s permit, you must practice driving, including driving at night, while under the supervision of a licensed driver. MD TRANS § 16-105(b)(1). The state of Maryland requires that you log at least 60 hours of practice driving accompanied by a licensed adult, who is at least 21 years old. At least 10 practice hours must occur between dusk and dawn. MD TRANS § 16-105(d)(2)(ii).

You must hold a learner’s permit for at least six months, and must be at least 16 years, 3 months old before you can obtain a provisional license. MD TRANS § 16-103(c)(2). You must also show through a certified log that you have completed the 60 hours of practice driving with a licensed adult. MD TRANS § 16-105(d)(2)(iii). At this point, you can apply for a provisional license.

Once you obtain a provisional license, you can legally drive, but you are subject to several conditions. Unfortunately, you cannot drive with friends in your vehicle for at least the first six months that you hold your provisional license. You can only drive with family members, such as a parent, brother or sister or stepsibling. You cannot use a wireless communication device, such as a cell phone, while driving while you have a provisional license. You may also not drive between the hours of midnight and 5 a.m. unless accompanied by a licensed driver who is at least 21 years old or while driving to or from a work, school, volunteer or athletic activity. MD TRANS § 16-113(d)(2),(3).

If you violate these conditions, or others, such as committing a moving violation or a criminal offense, your provisional license could be suspended. Additionally, you must hold your provisional license for at least 18 consecutive months before you will be eligible for a full license. Even one moving violation means that the 18-month clock will restart on your provisional license. MD TRANS § 16-111(d)(1). Parents and new drivers may come up with additional agreements about teen driving privileges. Parents have to co-sign for a license application, and parents can file a written request to suspend the license, if necessary. MD TRANS § 16-108.

If you have completed all the conditions necessary, and have held a provisional license without incident for at least 18 months, you can apply for a full license once you are 17 years, 9 months old. MD TRANS § 16-103(c)(3).

New Drivers and Drunken Driving Violations

Whether you are a teen driver or an adult, a Maryland police officer can pull you over if he or she suspects that you are driving under the influence of alcohol or drugs. But if you are a teen driver, the consequences can be more severe. The Maryland Motor Vehicle Administration imposes an alcohol restriction on the license of every driver under the age of 21. MD TRANS § 16-113(b)(1). Therefore, a driver who is under 21 years old faces license suspension, fines and other criminal penalties if his or her blood alcohol content (BAC) measures .02 or greater. If a driver is convicted of driving while impaired or driving while intoxicated, the driver’s motor vehicle insurance will in all probability be terminated.

In fact, a driver who is under 21 and who is convicted of driving while impaired or driving while intoxicated could be required to participate in the Ignition Interlock System Program for up to three years to retain a driver’s license. MD TRANS § 16-113(b)(4). The Ignition Interlock System Program requires that the convicted driver install a device in the vehicle that he or she will use. The driver must blow into the device to test for breath alcohol content. If the BAC is above a certain limit, the vehicle will not start. These devices can be costly to use, on top of other fines that the state of Maryland will impose.

New drivers who consume alcohol while driving risk jeopardizing their driving privileges. For the safety of other drivers and passengers on the roads and for their own safety, new drivers should think before drinking.

About the Author:

The Maryland criminal defense attorneys at the Law Office of Richard P. Arnold focus exclusively on defending people who have been accused of felony or misdemeanor crimes. Based in Greenbelt, attorney Arnold has successfully defended hundreds of DUI/DWI cases.

Article Source: ArticlesBase.com – Maryland Provisional Licenses and Underage Drinking

Here are some startling statistics:

Fatality resulting from drunken driving was at its maximum in 1986, when approximately 407 deaths were recorded. The same was at its lowest in 2008, with 186 deaths reported. Even so, in the year 2008, 26% of traffic fatalities involved a BAC (Blood Alcohol Concentration) of .08 or higher!

Given the above facts, it is only natural that as people begin to unwind in the summer, the police will tighten its stranglehold on drunk drivers. They will try to amass maximum numbers of drunk drivers through speeding traps, field sobriety checks and by actually searching out watering holes. As a result, the chances of anybody being stopped and arrested for drunken driving are much greater than they were, say, a few years ago.

If you are stopped for suspected drunk driving in Maryland, a lawyer is your best bet against arrest. Keep in mind that as of February, 2009, a number of changes have been proposed in the existing laws pertaining to drunken driving in Maryland. So, a lawyer will have the latest information and they will be able to guide you on your rights and duties.

But, there are certain things you need to know of before your lawyer can reach you. Your actions and reactions in the first few minutes are important because they provide important evidence to prosecutors when you are in court. The key is to be on your best behavior. Do not argue with the police. You need not take the field sobriety test if you do not want to. You do not have to answer the questions of the officer (in fact, you should try not to answer them because your answers could be used as evidence against you). Refusal to take PBT (Preliminary Breath test) may lead to a confiscation of your license. However, the result of this test is admissible in court if they are favorable to you and inadmissible if they are unfavorable. So, you do not lose anything by taking this test. Understand your rights.

If you are charged with DUI/DWI, it is a serious infraction. But, this generally happens only if your blood alcohol concentration is .8% or above. The punishment is extremely severe in Maryland as the crime could lead to immediate revocation of your license and 12 points could be automatically marked against you. The monetary costs are also high as you would have to pay a fine and also hire a DUI/DWI lawyer who can take care of the drunken driving offense in Maryland.

About the Author:

Drunk driving defense attorneys possess the knowledge, skills, experience, and expertise to properly handle your case and ensure the protection of your legal rights.

Article Source: ArticlesBase.com – Consequences of drunk driving in Maryland: a Lawyer’s perspective

There are two different types of charges for drunk driving cases in the state of Maryland. They are based on the amount you have had to drink and they vary in severity of consequences.

You will be charged with driving under the influence (DUI) if your blood alcohol level (BAC) is .08 or greater. You will be charged with driving while impaired (DWI) if your BAC is at a level of .07.

When the police suspect you have been drinking, they will ask you to perform a field sobriety test to assess your reaction time, coordination, and reflexes. During this test, they will also evaluate you for other signs of intoxication, including:

· Slurred speech

· Watery eyes

· Scent of alcohol on breath

You will also be given a breathalyzer test to verify your BAC. Refusal to take a breath test comes with severe consequences. Your driver’s license will be suspended for a mandatory 120 day period, and your refusal to submit to the test will be used against you in court as an admission of guilt.

Consequences

In Maryland, the consequences for DUI and DWI vary in degree. For a DUI conviction, you will receive:

· Maximum $1,000 fine

· Up to one year in jail

· 45 day suspension of your license

· 12 points on your license

For a DWI conviction, you will receive:

· Maximum $500 fine

· Up to 60 days in jail

· Maximum 60 day suspension of your license

· 8 points on your driver’s license

Your insurance company will most likely take one of two actions when they are notified of your conviction. They will either drastically raise your rates or they will cancel your policy.

You Don’t Have to Lose Your License

The state of Maryland offers you a chance to appeal the suspension of your driver’s license. However, the police rarely inform you of this right and time is of the essence when appealing your suspension.

You have ten days to ask for a hearing with the Motor Vehicle Administration. Hiring an experienced DUI attorney will greatly help you at this hearing. It is not advisable to defend yourself. If you don’t file for your hearing within the allotted ten day time frame, your license will automatically be suspended.

Other Implications of your DUI

Your DUI conviction can affect your entire life. Your conviction will stay on your record for the rest of your life. Depending on your occupation, you may have trouble with employment. If you work in education, government, or medicine, you may lose your job. Furthermore, your DUI could prevent you from getting hired in these fields at a later date.

The best way to minimize the damage done by a DUI is to hire an attorney to represent you. Lawyers who specialize in DUI cases will know how to pick apart the evidence against you to help reduce your sentence. Considering the widespread impact on your life, you can’t afford to pass up this assistance.

About the Author:

If you have been charged with a DUI or DWI in the Baltimore, Annapolis, and Columbia, Maryland area, please contact the law firm of Jimeno & Gray today for an initial consultation.

Article Source: ArticlesBase.com – Maryland Dwi Laws

If you are guilty of a DUI or DWI offense in Annapolis, you face a period of probation and a term of incarceration. You could face huge fines and stand the risk of having your driving license confiscated. You could also end up paying huge insurance premiums and face a possible loss of employment. All these are dire consequences.

However, the consequences you face depend on the legal expert you choose to defend yourself. A highly skilled and aggressive attorney can help you avoid these undesirable consequences.

Before you choose a DUI/DWI attorney in Annapolis, it is important to make sure that the lawyer has been trained and certified in DUI/DWI detection. They must also have sufficient knowledge and expertise in evaluating the proper conduct of field sobriety tests. Only such kind of extensive and in-depth knowledge can help you enjoy a more desirable outcome.

The government’s lookout is to get you arraigned as soon as possible. That is why you must hurry and find the right DUI/DWI attorney in Annapolis. Instead of retaining a defense attorney, employ a lawyer of your own. You could get help from friends or relatives, search through the Yellow Pages or even use the Internet to find a DUI/DWI attorney in Annapolis. In this way, you can equip yourself with a huge list of lawyers who have the potential to represent you.

However, all attorneys are not equal and if you want to protect your driving license, you need a lawyer who has sufficient experience and expertise in DUI/DWI cases in Annapolis. Only such an attorney knows enough about laws, rules and procedures. Such lawyers will also have some amount of rapport with bailiffs at court and the judges. They also enjoy access to many top experts in the fields of police procedures and field sobriety testing.

A good DUI/DWI attorney from Annapolis will not make any promises regarding the outcome. Doing so is not only unethical and illegal but it also amounts to giving clients false hopes about a situation that the lawyer cannot really predict. Even the best cases cannot be stated as won until the judge gives their sentence. However, good attorneys will have a history of victories and they would have bagged a fair share of positive outcomes.

It is important to choose a DUI/DWI attorney who is a member of prominent legal associations in Annapolis. Attorneys who are actively involved in such groups will be aware of the latest changes in legislation. Such knowledge has great value as it can impact the outcome of the case.

Lastly, before you hire, it is important to talk about the lawyer’s fee. You might want to shop around for competitive rates but the trick is to find someone who offers competitive rates combined with razor sharp skills and a wealth of experience.

About the Author:

Cochran, Cochran & Chhabra, LLC are experienced DUI attorneys with extensive knowledge of DUI law in Annapolis, Maryland.

Article Source: ArticlesBase.com – Tips to choose a DUI/DWI Attorney in Annapolis

DUI laws seem to be constantly changing. At any given point, multiple state legislatures may be debating new laws that change how drunk driving is charged, how evidence is collected and what penalties are handed down for convictions.

Consider, in the first three months of 2009:

• Two states passed new DUI laws (Utah and New Mexico)
• New DUI laws went into effect in two other states (Illinois and South Caroilna)
• Eight states are currently debating changes to their existing DUI laws (Oregon, Rhode Island, Kentucky, Kansas, Wyoming, Louisiana, Maryland, West Virginia)

With drunk driving laws changing so rapidly in so many states, what can you expect if you get pulled over?

During your traffic stop

A police officer must have “probable cause” in order to pull you over on suspicion of drunk driving. Reasons for a traffic stop may include:

• Erratic driving, such as swerving in and out of lanes
• Failure to stop at a stop sign or red light
• Illegal turn
• Driving with headlights off
• Stopping in the road for no reason

Once you have been pulled over, a police officer may ask you to perform field sobriety tests (such as the one-leg stand test). The officer may also ask you to submit to a breath test. Using a small machine, such as a breathalyzer, you breath into a tube and the machine uses the breath sample to gauge blood alcohol content, or BAC.

Some of the new DUI laws being considered are making it easier for police officers to get the search warrants needed for a blood sample, used to determine blood alcohol content. Some states are also increasing the penalties for anyone who refuses a breath test.

DUI Penalties

The penalties for drunk driving vary widely from state-to-state. In general, drunk driving sentences for first-time offenders will include:

• Jail time
• Fines
• Driver’s license suspension

Some states DUI punishments may also include:

• Ignition interlock device use
• Community service
• Alcohol rehabilitation program
• Vehicle seizure

The penalties for a DUI conviction increase, sometimes dramatically, for multiple DUI arrests. There may also be additional penalties for anyone that refuses a breathalyzer during a DUI traffic stop and is later convicted.

Most of the new state DUI laws increase the punishments for DUI convictions, whether it’s a first-offender or someone with a history of drunk driving.

The most common changes include increasing fines and jail time, but the use of ignition interlock devices is also on the rise.

Ignition interlock devices must be rented, installed and monitored at the driver’s expense. Once installed, the devices require the driver of the car to pass a breath test or the car will not stop. Typically, the driver must also pass additional tests while driving.

The devices also have built-in features, such as digital cameras, to prevent tricking the machine or altering test results.

About the Author:

Experienced in the field of DUI and protecting criminal rights, I want you to know your rights in case you are charged with drunk driving.

Article Source: ArticlesBase.com – DUI Laws Across Country Changing

DUI and DWI convictions are not limited to alcohol use. In fact, many people across the country get convicted of driving under the influence of drugs each year.

In 2006, 10-22% of all drivers involved in car crashes were under the influence of some type of illegal drug. The National Survey on Drug Use and Health for 2006 states that 10.2 million people over the age of 12 admitted to driving under the influence of drugs at some point during the previous year. Marijuana is the most common drug drivers test positive for each year.

What Happens When You Get Stopped

If the police suspect that you are impaired by drugs, they will give you a field sobriety test and a blood alcohol level (BAC) test. They will do this if you are impaired by prescription drugs as well as illegal drugs.

In most states, the consequences for refusing to take a BAC test are more severe than if you take it and fail. In the state of Maryland, you will automatically have your license suspended for 120 days if you refuse to take the test. If it is your second offense, the suspension will last for a year. Most states will either require you to take a urine or blood test if they suspect you are under the influence of drugs, since a breathalyzer won’t register the drugs in your system.

Consequences

Penalties vary from state to state. In Maryland, the consequences for a first offense driving under the influence of drugs are:

· Up to two months in jail

· Maximum fine of $500

· Suspension of driver’s license for up to 60 days

· Revocation of license if driving under the influence of a controlled dangerous substance

For a second offense in Maryland, the penalties are a bit stiffer:

· Up to one year in jail

· Maximum fine of $500

· Suspension of license for 120 days

· Revocation of license if driving under the influence of a controlled dangerous substance

You will still be given a DWI without alcohol consumption if you are legally entitled to use a drug unless you can prove that you were unaware that the drug would impair your driving ability.

If a police officer believes you are under the influence of drugs, he can search your car. If drugs are found in the vehicle, it will be impounded. This is true even if the drugs belong to a passenger.

What to do if you Get Arrested

Driving under the influence of drugs falls in more of a gray area than driving under the influence of alcohol. There are many drugs that will stay in your system for days, weeks, and even months after you have used them. Therefore, it is difficult to prove conclusively that you were driving under the influence simply because you test positive for drugs.

You should never admit to using drugs while driving. Once you have been released from jail, you need to consult an experienced DUI attorney. Retaining legal representation will greatly help your chances of reducing your penalties.

About the Author:

If you have been charged with a DUI in the Baltimore, Annapolis, and Columbia, Maryland area, please contact the law offices of Jimeno & Gray P.A. today to schedule an initial consultation.

Article Source: ArticlesBase.com – Many Dwi Convictions Come From Using Drugs Too

Impaired driving contributes to a large portion of auto accidents, and, while it is only one of many forms of impairment, drunk driving is involved in nearly 40% of all auto accident fatalities. DUI laws have become much stricter in recent years, and the number of fatalities has gone down, but that drop seems to have hit a plateau. Even with the strict penalties we now have, drunk drivers continue to drive while impaired even after they are caught and punished. Repeat offenders account for about one-third of DUI convictions.

Blood alcohol concentration (BAC) is usually the primary piece of evidence relied on in drunk driving cases. All states have adopted a legal limit of .08 or less for adults. Some drivers, such as commercial drivers and minors, must adhere to a much lower legal limit.

Criminal vs. Civil case

If you or a loved one has been injured or killed in an accident caused by a drunk driver, you will be pursuing a civil lawsuit. In most cases there will also be criminal charges against the drunk driver. Although restitution payments may be ordered in the event of a criminal conviction, the civil and criminal cases are separate.

Conviction, in a criminal case, requires a much higher standard of proof than what you will need to establish in a civil lawsuit because a civil lawsuit does not put the defendant at risk of serving jail time.

Even though the cases are separate, a criminal conviction can lend credibility to your civil case, and some of the evidence collected for the criminal case may be available for use in your civil suit, such as BAC.

Responsibility

Proving responsibility is the key factor in any civil suit. Many types of impaired driving, such as fatigue, can be very difficult to prove. Drunk driving is the easiest type of impairment to prove. Unfortunately, because drunk drivers are often repeat offenders or minors, they are often uninsured, meaning that even if found responsible, they simply do not have the money to compensate you for your injuries and losses.

However, in certain cases, the drunk driver is not the only responsible party. Under certain circumstances responsible parties may include:

· Bars, restaurants, or liquor stores that sold alcohol to an already intoxicated person

· Adults who provided alcohol to a minor

· Employers who required or allowed an employee to operate a vehicle for company purposes while intoxicated

About the Author:

If you or a loved one has been injured or killed in an auto accident caused by a drunk driver, in Maryland, Virginia or Washington DC, please contact a skilled auto accident lawyer at Chaikin, Sherman, Cammarata & Siegel, P.C. before you settle with an insurance company.

Article Source: ArticlesBase.com – Drunk Driving Accidents

There are many situations in which a police officer can pull a vehicle over and search it for illegal substances.  According to the fourth amendment a police officer is allowed to search the interior of a vehicle (including the glove compartment) if the operator of that vehicle has been pulled over for a traffic violation.  However, the trunk of the car can only be searched if the officer has probable cause to believe that there are illegal substances hidden there.  Impounded vehicles, on the other hand, can be totally searched and the contents catalogued for use in future court cases.

Example 1:  You have been pulled over for a minor traffic violation and the police officer sees a bag filled with an illicit substance on your passenger side seat.  The officer may then have probable cause to detain you and/or search your person and the rest of the vehicle including the trunk.

Example 2:  You have been pulled over without a driver’s license and your car has been impounded.  The police then search your car and find a bag of marijuana hidden in your trunk.  At this point you may be charged with possession of an illegal substance.

Example 3:  You have been pulled over for a DUI and the police officer asks you to step out of the car in order to perform a search on your person (a pat-down).  The officer finds methamphetamines in your pocket and you are then detained and your car impounded.

Example 4:  Your car is parked outside of a store that you’re in and a police officer chooses to look in your car window and sees drug paraphernalia in plain sight on the passenger-side seat.  The officer waits for you to come back to your car and performs a search of the rest of the vehicle.

Certainly, in all of these examples, the police had probable cause for a search and seizure.  However, many of these same situations are filled with issues that can be litigated.  It is up to you to find suitable representation so that these issues can be brought to the court’s attention as soon as possible.  Only a qualified Criminal Defense Attorney who specializes in drug-related crimes has the experience necessary to file the right motions with the court and ask the right questions of the police officers involved to generate these issues.

About the Author:

If you live in Maryland and you or a loved one has been charged with the possession of an illegal substance, please visit the website of Jimeno-Gray Maryland Criminal Defense Attorneys today allow the attorneys to hear the details of your case.

Article Source: ArticlesBase.com – Search and Seizure from Vehicle

The legislation requires the Motor Vehicle Administration (MVA) to now impose a one-year driver’s license suspension on a person convicted of either DUI (driving under the influence) or DWI (driving while impaired) more than once in a five-year period. The law allows the MVA to issue restricted licenses for the suspension period if the person participates in the Ignition Interlock System Program (IISP).

The IISP prohibits drivers from driving any vehicle not equipped with the ignition interlock system, and allows the person to drive only to and from school, to and from work or to and from an alcohol/drug treatment program and health care treatment

The legislature also increased the “look-back period”, doubling the length of time, from five to 10 years during which there can be no previous DUI related Probation Before Judgment dispositions in order for the Court to consider a PBJ in the instant case.

Under current Maryland law, drivers with a blood alcohol content (BAC) of between .04 and .08 are usually charged with DWI. Those with a BAC of .08 or higher are normally charged with DUI. A first-time DWI conviction means being faced with up to two months in jail, a $500 fine and a driver’s license suspension of 60 days. Penalties for a first-time DUI are more severe, including up to one-year in jail, up to a $1,000 fine and a 45-day or more driver’s license suspension.

A second DUI conviction increases the fine to $2,000, a one-year license suspension (followed by one-year of restricted driving privileges) and can mean up to two-years in jail. A second DWI conviction can cost up to $500 in fines and up to a one-year jail term.

The legislature also passed a bill increasing penalties for violating any alcohol restriction on a driver’s license. The misdemeanor violation is now punishable by a fine of $500 and two months in jail.

About the Author:

The Maryland criminal defense attorneys at the Law Office of Richard P. Arnold focus exclusively on defending people who have been accused of felony or misdemeanor crimes. Based in Greenbelt, attorney Arnold has successfully defended hundreds of DUI/DWI cases.

Article Source: ArticlesBase.com – Maryland Legislature Passes New Drunk Driving Laws