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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.

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

Will North Carolina’s new law reduce the # of American deaths due to drunk driving illegal aliens?

http://wral.com/news/local/story/2760050/

Thank god someone is doing it. Here in California, Mexicans account for 50% of all drunk driving arrests, and they bash and crash uninsured, unregistered jalopies all over the roads. Then they sue you after they hit you. I have 2 lawsuits against me right now by illegals. Gotta love living in Mexifornia.

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

Here’s a fact: almost one-third of all traffic fatalities in the U.S. involve alcohol. Before new laws went into effect in the state of Maryland, DUI penalties were relatively mild compared to the rest of the nation. Now, offenders face license suspension for up to a year, harsher fines – and even jail time if one furnishes alcohol to a minor.

Drivers under the age of twenty-one who are charged with DUI also face possession charges.

The Legal System In Maryland

Under Maryland state law, DUI cases are handled by county courts under a two-tier system. If the offender had a blood alcohol content (BAC) level of less than .08, it is considered an “A” offense. If you are charged with DUI, you have the right to what is known as an administrative per se (APS) before an Administrative Law Judge (ALJ). This judge has a fair amount of discretion when if comes to suspension of driving privileges; s/he can dismiss the suspension altogether, or make exceptions for driving to a place of employment.

The second tier involves a BAC level of over .08. This is actually called “driving while intoxicated” (DWI), and is classified as a “B” offense.

If it is your first offense within a ten-year period, you may be eligible for what is known as probation before judgment (PBJ). If you agree to a year of probation and attend an alcohol abuse education and rehabilitation program, your record will be cleared.

Refusal to Take a Blood Alcohol Test

You have the right to refuse a blood alcohol test, but if you do refuse, you may lose your driving privileges for four months – or up to a year if it your second offense within ten years. In addition, you may face criminal penalties if someone was injured as well as substantial fines if a minor was in the vehicle at the time you were stopped.

Again however, this may be appealed before an Administrative Law Judge, who may modify the suspension, allowing the offender to drive to work, school or alcohol treatment on the condition that an “alcohol interlock” – a device that requires the driver to blow into a breath analyzer before an automotive engine can be started – is installed in the vehicle.

Penalties

If you are convicted of either DUI or DWI, new laws provide for fines of up to $3000 and jail sentences of up to three years in addition to loss of driving privileges. Much of this depends on the circumstances surrounding the offense. Second and third offenses as well as those involving a minor, carry larger fines and longer sentences.

The bottom line for drivers? Make sure you consult a Maryland DUI Lawyer if you are charged with a DUI/DWI offense.

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

How come you never really hear about drunk driving accidents in which the drunk driver dies and the victims?

survive. It’s usually the victims die and the drunk driver live?

I’m guessing one reason is because that wouldn’t incite people nearly as much as hearing about the innocent dying. Media reports what sells.

Deaths from the war in Iraq VS Drunk driving?

since March 19 2003 3,647 total killed In Iraq as of August 1st 2007
http://www.defenselink.mil/news/casualty.pdf

This is great… I get so tired of people going on about so many soldiers dying in the war, but it is more dangerous on US highways. Now don’t get me wrong I don’t like hearing about US service members dying (heck I am one), but it drives me nuts when people (mostly liberals) go on about the death toll being too high, but you don’t see them wanting to crack down on drunk drivers even harder than they already do. They don’t call on a solution to drunk driving like they call for a solution to Iraq. This is just one of those interesting facts that people don’t think about. The streets of Iraq are more dangerous to Iraqis than to US personnel, just like the US streets are just as dangerous a place to us.

I don’t see this as comparing apples to oranges, dead Americans are dead Americans, because of those 17,000+ killed in 2006, these numbers include children that never even had a chance. They didn’t ask to be put in a situation where they would be killed, sometimes even in more gruesome ways than a gun shot wound. American service members volunteered and signed a contract understanding that they may be put in harms way to defend their country and its Constitution. People that die at the hands of drunk drivers are victims, service members that die from war are casualties. I know I may be sounding a little harsh hear, but how is it where you die different? Some folks go out to work knowing they could die today, others get blindsided by it.