DUI / DWI
Blog: DUI Maryland First Offense | DUI Maryland First Offense PBJ | Penalty for 1st Offense DUI
By: G. Randolph Rice, Jr. on March 6
Have you been stopped and charged with DUI (Driving under the Influence - blood alcohol content of .08 or more) or DWI (Driving while impaired - blood alcohol content above .05 and less than .08) in Maryland?
You have a million questions and we have the answers. Call 410.288.2900 for immediate DUI - DWI help 24/7. When you call, you speak with Attorney G. Randolph Rice, Jr., founder of the Law Offices of G. Randolph Rice, Jr., LLC. Let us put your mind at ease and answer your questions about your Driving Under the Influence (DUI) or Driving While Impaired (DWI) case. We will review and explain the DUI - DWI - Drunk Driving Penalties in Maryland to ensure you understand the consequences and ensure the best decisions are made in your case.
DUI - DWI - Drunk Driving charges are serious in the State of Maryland and you may be facing: serious fines, loss or your privilege to drive, required ignition interlock, court costs, and/or up to Four (4) years incarcerated. You need an experienced DUI - DWI - Drunk Driving Defense attorney advising you on the best course of action.
Don't wait. If you don't act quickly after a DUI - DWI arrest, you could waive importatant rights at trial or during the MVA administrative hearing. The sooner we can start working on your case, the better defense we can present at trial, call 410.288.2900 for immediate DUI - DWI help.
Why Choose the Law Offices of G. Randolph Rice, Jr., LLC for your DUI / DWI?
As a former Assistant State's Attorney and private attorney I have tried thousands of DUI - DWI - Drunk Driving cases in front of both Judges and juries in Maryland. From the simple traffic stop and DUI - DWI arrest to a complex and complicated D.R.E. (Drug Recognition Expert) case, I have the experience and courtroom knowledge to ensure the best possible outcome in your DUI - DWI - Drunk driving case in Maryland.
You don't want to go to Court alone and face the Judge or an MVA hearing without my assistance. Contact me today (410.288.2900) and we'll schedule a no obligation - free consultation to review all facts and evidence in your DUI - DWI - Drunk Driving case. A 24/7 DUI - DWI - Drunk Driving Defense Attorney in Baltimore, Maryland, we're here to advise you on the best course of action.
There are Two (2) main aspects to every DUI / DWI Case in Maryland.
1. The Maryland MVA's (Motor Vehicle Administration) Penalties. Your license and your ability to drive. This part of the case has no bearing on your Court appearance and is seperate from your appearance in a Maryland District or Circuit Court for your DUI - DWI case.
2. The Criminal Charges. This aspect deals with the legal consequences of a DUI or DWI arrest in terms of jail, fines, Court costs, probation, and any other potential penalties of a DUI or DWI arrest.
What are some DUI and DWI cases we have challenged?
One of the most recent cases involved the issue of where the driver of the vehicle was actually driving the vehicle or in actual physical control of the vehicle. Remember, one of the TWO factors to consider in any DUI/DWI case is whether the person is driving, attempting to drive, or in actual physical control of the vehicle. The case that most attorneys and Judges look to in Maryland is Boyce Cornelius Atkinson v. State of Maryland, 331 Md. 199 (1993). In this case the court set out six factors for courts to consider when determining whether a person is in actual physical control of a vehicle. Those six factors are:
- Whether or not the vehicle's engine is running, or the ignition on;
- Where and in what position the person is found in the vehicle;
- Whether the person is awake or asleep;
- Where the vehicle's ignition key is located;
- Whether the vehicle's headlights are on; and
- Whether the vehicle is located in the roadway or is legally parked.
The Atkinson case is used often when the person is found passed out in a vehicle and arrested for DWI or DUI. The lower courts have also looked at a recent case from the Court of Special Appeals Dwight Dukes vs. State of Maryland. In Dukes, the Court examined a different fact pattern but the decision can be helpful in many defenses.
Both of these cases along with many other Maryland Court opinions are keys to the successful defense in a DUI or DWI case.
Underage and Arrested for DUI or DWI?
A common issue in the State of Maryland and Baltimore County is the arrest of a person under the age of 21 for Driving While Impaired (DWI) or Driving Under the Influence (DUI). When a person is issued a license in the State of Maryland he or she signs the application that states that a license restriction is placed on that permit that prohibits a person under 21 to have any alcohol in their system while driving. What that means is if an underage person is suspected of having .02 BAC (Blood Alcohol Content) while driving, the MVA will be notified and their license could be suspended up to Six (6) months. The MVA will send that person a notice and they have 15 days to file a Request for Hearing with the MVA that will be heard in front of an ALJ (Administrative Law Judge) at the Office of Administrative Hearings (OAH). What happens if you are arrested and charged with a violation under Transportation Article 21-902?
A person under the age of 21 automatically faces a maximum of One (1) year MVA suspension for the conviction under any article of 21-902. There is an argument to be made that you did not receive notice that you would be suspended by way of the DR-15, but then the suspension would fall back onto the suspension periods for drivers over 21. So you could face a 45, 90, or 120 day suspension on top of the license restriction of Six (6) months.
There is a solution, contact the office at 410.288.2900 and speak with attorney Randolph Rice and he can walk you through the process and insure the best possible result in your DUI/DWI case if you are underage.
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