Traffic/DWI

In Maryland, the most commonly charged criminal offenses are those that involve the act of driving while under the influence of alcohol and/or driving while impaired by alcohol. A charge of driving while under the influence (better known as “DUI”) can be proven against an accused by demonstrating to the Court that a test result of .08 or more was obtained through an authorized chemical test or by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties allowed under Maryland statutes are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carries 12 points with the MVA and at a hearing before the MVA, the driver's license may be revoked.

The other most commonly charged criminal offense is that of driving while impaired by alcohol (also commonly known as “DWI”). This charge can be proven by demonstrating to the Court through evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol. A DWI offense can also be proved by evidence of a test result of .07 or more, but less than .08. The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DWI also carries 8 points with the MVA and at a hearing the driver's license may be suspended

The legislature has added enhanced penalties for repeat offenders. As a result of House Bill 4/Senate Bill 352 a person who is convicted a second time of driving under the influence in violation of § 21-902(a) within 5 years of a prior "a" conviction receives a mandatory one year suspension of their driver's license or privileges. There is no work permit or interlock restriction allowed for the one year. After the year the person is required to put an interlock on all vehicles they own for from 3 months to one year. They are entitled to a hearing for an Adminstrative Law Judge (“ALJ”) to determine the length of the interlock restriction and whether there is financial hardship involved with installing an interlock on more than one car.

Additionally, a second "a" conviction within 5 years of the first carries a mandatory minimum sentence of 5 days incarceration or 30 days community service. A third "a" conviction within 5 years carries a mandatory minimum sentence of 10 days incarceration or 60 days community service. Incarceration includes house arrest or in patient treatment. Lastly, adriver who has been found guilty of either DUI or DWI has not had a prior DUI or DWI in Maryland within the previous 5 years, such driver may be eligible for a probation before judgment or PBJ. When a driver receives a finding of guilt, or pleads guilty in exchange for a PBJ, they are placed on probation for a specified length of time. If they follow the court's order without any violations, points are not assessed and the entry of guilt goes on a segregated record at the MVA that is not available to the public, but is available to law enforcement and the courts.
When someone is charged with either a DUI or a DWI, it is imperative that they contact an attorney as soon after obtaining their release from the arresting agency. In many cases, there may be a viable factual and/or legal defense to the charges. Arroyo & Associates is committed to zealously pursue the interest of our client and defend him to the outmost of the rules of ethics and the law, to achieve the best possible result for the client.

IMPORTANT TO REMEMBER: In Maryland, it is imperative that a DUI/DWI accused see a lawyer AS SOON AS POSSIBLE after being charged, to fully protect your rights.