DUI Lawyer Maryland
Every time a person drinks alcoholic beverages then gets behind the wheel of a car, they are taking a risk. They risk getting into a tragic accident that results in the injury or death of another person. They risk being cited for driving while impaired by alcohol (DWI) or driving under the influence (DUI). They risk suspension of their driver’s license, a hefty fine, and jail time. If you or someone you love has been charged with DUI you need a DUI lawyer Maryland knows for her tenacity, Andy Jaskulsky.
Current DUI Laws
Definition of DUI in Maryland
By definition, blood alcohol concentration (BAC) is the amount of alcohol in 100 milliliters (ML) of blood. For example, 80 grams of alcohol in 100 milliliters of blood is considered a 0.08 blood alcohol concentration. In Maryland, a 0.08 BAC is considered driving under the influence (DUI) of alcohol while a BAC of 0.04 to 0.08 is considered driving while impaired (DWI) by alcohol. DUI is considered the more egregious crime carrying with it the more severe penalties.
DUI Penalties in Maryland
Maryland has some of the strictest penalties for those convicted of DUI. For a first offense, the person faces up to a $1,000 fine and up to one year in jail. What’s more, their license may be revoked for up to six (6) months. For second offenses, the person faces up to $2,000 in fines and up to two years in prison, with a mandatory minimum of five days in jail. Furthermore, their license may be revoked for up to one year. If a person faces two DUI convictions within a five-year period, a mandatory license suspension will be followed by the possibility of mandatory participation in an alcohol abuse program. All DUI convictions in Maryland carry with them mandatory participation in the Ignition Interlock Program.
Underage Drinking and Fake ID Laws
Drinking under the age of 21 is illegal and Maryland takes violation of this law seriously. Anyone under the age of 21 who has purchased or consumed alcohol in Maryland faces a fine of $500 for their first offense and must automatically participate in the Ignition Interlock program or face suspension of their driver’s license. However, it is not just in the possession and consumption of alcohol that a person under the age of 21 can find themselves in legal trouble.
Having a fake ID in your possession is believed to be linked with the intent to buy and drink alcohol. Anyone under 21, found with a fake ID can face up to a $500 fine and 2 months in prison. Furthermore, their driver’s license will be suspended or revoked. Those same penalties extend to people who are providing minors with fake IDs. A person caught selling fake IDs faces up to $2000 in fines, and up to 2 years in prison for each fake ID sold. Furthermore, the person distributing fake IDs is subject to federal prosecution for violating homeland security laws.
If someone is under the age of 21 and is charged with DUI, everyone in the supply chain faces consequences. Anyone over the age of 21 who is knowingly furnishing a minor with alcohol faces up to $2500 in fines for the first offense with up to $5000 in fines for each subsequent violation.
What Happens If You Refuse Field Sobriety Testing?
If you refuse to take a sobriety test, or if you take one and fail it, the investigating officer will confiscate your Maryland driver’s license, issue you a temporary one, and begin preparing a case with the Motor Vehicle Administration. The person under investigation should receive two forms – the Officer’s Certification and Order of Suspension and an Advice of Rights Form. The Officer’s Certification and Order of Suspension gives the person information about the incident along with instructions about whether the driver can use their copy as a temporary license. It also contains information on how to request a hearing within thirty (30) days with the Maryland Office of Administrative Hearings. The Advice of Rights form advises the person about their driving privilege, any additional penalties that may be imposed, and their indication of refusal to take the test. Refusal to submit to a field sobriety test can carry with it a 270-day suspension of the driver’s license for a first offense or license suspension up to 2 years for any subsequent refusals.
Ignition Interlock Program
As of October 1, 2016, anyone who is convicted of DUI is required to participate in the state’s Ignition Interlock Program. Born of legislature created after the death of a Montgomery Police Officer, Noah’s Law mandates participation in the program for anyone convicted of DUI, DWI, underage drinking, or death or injury from DUI or DWI. A small device is installed into the driver’s vehicle that requires a basic breathalyzer test before the vehicle can be operated. Monthly reports then must be submitted to the motor vehicle administration via device download to ensure the driver has not had a BAC over 0.025 and no efforts have been made to bypass the system. A participant is considered to have successfully completed the program if they have not had violations in the last three months of their participation.
What Should I Do If I Have Been Charged With DUI?
If you or someone you love has refused or failed a field sobriety test or is being charged with DUI in Maryland, it is important to know that you have the right to legal representation. Having an attorney advise you on your case may not be able to keep you from bearing the consequences, but representation can significantly reduce the ramifications of a DUI conviction. You need someone who will thoroughly investigate your case, prepare for trial, and fight to defend your rights to the fullest extend of the law. For the best DUI lawyer Maryland has to offer, call Andy Jaskulsky to discuss your case.