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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.

Testing saliva, breath, urine or blood are all ways to measure the amount of alcohol in your body. When you are stopped on suspicion of a DUI it is normal for them to give you the test right then. It is true that testing the blood is a sure way to measure the BAC, but the most common test and the one most used, as evidence is the Breathalyzer.

Many people use the terms Breathalyzer and BAC interchangeably, but there is a difference. A Breathalyzer does not read the actual alcohol content but it tries to estimate the level by testing the breath from your lungs to measure the amount of alcohol. What this means is that the Breathalyzer tests are far from 100% certain and may often be challenged. Although some states use urine or breath tests, the blood test gives the most accurate BAC level. There are some substances that will throw the results off when using a Breathalyzer machine. For instance, sometimes Acetone throws off the results of a Breathalyzer test, as it may show up in large amounts in someone on a special diet or if they have diabetes. There have been times that fumes coming from adhesives or paints have also confused them.

A blood test is the accurate way to determine the Blood Alcohol Content. But, there a few general rules that may help you estimate your level based on how much you drank and how much you weigh. In order to reach the .08% a 170 lb. man on an empty stomach would have to drink more than four drinks in one hour. And a woman weighing 135 lb. would need approximately three drinks in an hour to reach that same .08%.

Keep in mind that if you get pulled over for suspicion of DUI by a law enforcement official it is normal for them to give you a Breathalyzer test. If you refuse, in most states that results in an automatic suspension of your license. It may even bring additional criminal or civil sanctions and is normally used as evidence against you.

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