From a Maryland DUI Attorney: Drunk Driving Laws and You
November 14th, 2010 | 
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Home Page > Law > Personal Injury > From a Maryland DUI Attorney: Drunk Driving Laws and You
From a Maryland DUI Attorney: Drunk Driving Laws and You
Posted: Dec 29, 2009 |Comments: 0
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From a Maryland DUI Attorney: Drunk Driving Laws and You
By: Don Washington
About the Author
In order to learn more about the law and your rights and responsibilities, visit http://marylandduiattorney.org for more information and an attorney near you.
(ArticlesBase SC #1638395)
Article Source: http://www.articlesbase.com/ – From a Maryland DUI Attorney: Drunk Driving Laws and You
As of October 2009, things got much more difficult for drivers charged with operating a motor vehicle under the influence of alcohol — and the typical Maryland DUI attorney is finding him/herself busier than ever.
Here’s a fact: almost one-third of all traffic fatalities in the U.S. involve alcohol. Before new laws went into effect in the state of Maryland, DUI penalties were relatively mild compared to the rest of the nation. Now, offenders face license suspension for up to a year, harsher fines — and even jail time if one furnishes alcohol to a minor.
Drivers under the age of twenty-one who are charged with DUI also face possession charges.
The Legal System In Maryland
Under Maryland state law, DUI cases are handled by county courts under a two-tier system. If the offender had a blood alcohol content (BAC) level of less than .08, it is considered an “A” offense. If you are charged with DUI, you have the right to what is known as an administrative per se (APS) before an Administrative Law Judge (ALJ). This judge has a fair amount of discretion when if comes to suspension of driving privileges; s/he can dismiss the suspension altogether, or make exceptions for driving to a place of employment.
The second tier involves a BAC level of over .08. This is actually called “driving while intoxicated” (DWI), and is classified as a “B” offense.
If it is your first offense within a ten-year period, you may be eligible for what is known as probation before judgment (PBJ). If you agree to a year of probation and attend an alcohol abuse education and rehabilitation program, your record will be cleared.
Refusal to Take a Blood Alcohol Test
You have the right to refuse a blood alcohol test, but if you do refuse, you may lose your driving privileges for four months — or up to a year if it your second offense within ten years. In addition, you may face criminal penalties if someone was injured as well as substantial fines if a minor was in the vehicle at the time you were stopped.
Again however, this may be appealed before an ALJ, who may modify the suspension, allowing the offender to drive to work, school or alcohol treatment on the condition that an “alcohol interlock” — a device that requires the driver to blow into a breath analyzer before an automotive engine can be started — is installed in the vehicle.
Penalties
If you are convicted of either DUI or DWI, new laws provide for fines of up to $3000 and jail sentences of up to three years in addition to loss of driving privileges. Much of this depends on the circumstances surrounding the offense. Second and third offenses as well as those involving a minor, carry larger fines and longer sentences.
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(ArticlesBase SC #1638395)
Don Washington -
About the Author:
In order to learn more about the law and your rights and responsibilities, visit http://marylandduiattorney.org for more information and an attorney near you.
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In order to learn more about the law and your rights and responsibilities, visit http://marylandduiattorney.org for more information and an attorney near you.
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