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

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

What is the name of that song that involves a high school girl and a drunk driving accident?

What is the song that shows a high school girl getting into a car crash because of drunk driving. It is raining and she ends up dying… Does anyone know?

Untitled(How Could This Happen To Me)_Simple Plan
http://www.youtube.com/watch?v=xQOBoA8g3RI

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.

Investigation continues into party house
A memorial in Rancho Santa Fe honors Alex Capozza, who died in an early morning crash on Oct. 4. Photo: Karen Billing By Marsha Sutton Contributor The investigation into the party held the night of a car crash that killed Torrey Pines High School student Alex Capozza is ongoing, reported an official with the California Department of Alcoholic Beverage Control. “It’s still an open case, (although …

The 2 tiers are:

1. Driving under the influence (DUI)

(BAC ≥.08; called “A” offenses)

Maryland has administrative per se with license suspension for BAC ≥.08. Offenders have the right to a hearing before an Administrative Law Judge (ALJ). The ALJ can dismiss the suspension or can modify the suspension to allow driving to work, school, alcohol treatment, or other purposes.

2. Driving while impaired (DWI)

(BAC <.08; called “B” offenses).

Maryland allows Probation Before Judgment (PBJ), under which offenders may be given one year of probation with alcohol education; upon successful completion the driver’s record is cleared so there is no record of a prior alcohol offense.

Test refusal results in administrative license suspension for 120 days for first-time offenders and 1 year for repeat offenders, which again can be appealed to an ALJ. Driving to work or other purposes may be allowed under the condition that the driver uses an alcohol interlock. Test refusal suspensions are in addition to any criminal penalties that may be applied.

Penalties increase for repeat offenders (defined as a second or subsequent offense within 5 years) and for drivers transporting a minor. Penalties are not increased for drivers with high BAC levels — Maryland does not have a high-BAC aggravated DWI law.

The tables below summarize the  penalties involved. The only “mandatory” minimum penalty is 5 days in jail or 30 days community service for a second “A” offense within 5 years.

Maryland Administrative Driver’s License Sanctions

Maryland Criminal Penalties

Source: National Highway Traffic Safety Administration

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

Where can I find facts about drunk driving?

Specifically, I want to know if there’s a site that lists all the people who have drunk-driving related deaths, accidents, the number of people that go to jail, anything and everything you’ve got.

http://www.alcoholalert.com/drunk-driving-statistics.html
has a bunch,

and there are more at