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Maryland DUI or DWI arrests trigger two separate cases: the administrative driver's license action, where a person's driving privileges may be lost, and the court case, where a variety of DUI punishment and penalties await those convicted of drunk driving in Maryland.
For anyone charged with drunk driving, DUI or DWI in Maryland, it is vital to note that persons arrested for DUI have only 10 days from the date of arrest to request a Maryland Motor Vehicle Administration (MVA) hearing with the Office of Administrative Hearings, located in Hunt Valley, Maryland. (Also, don't forget to include a check for $125 made payable to the Maryland State Treasurer.) If someone arrested for drunk driving or DUI does not request the hearing on time, their license will be suspended, automatically.
If you, or someone you care about, have been arrested for drunk driving, it is vital to contact a Maryland DUI lawyer as soon as possible. With 1.800.DUI.LAWS, the call and initial consultation are always FREE.
Maryland drinking and driving arrests are most
commonly known as DUI (driving under the influence) or DWI
(driving while impaired). The blood alcohol
concentration (BAC) level violating Maryland's DUI or DWI laws have been lowered; it is now much easier to
be caught for drunk driving in Maryland. A
blood
alcohol level of .08 or higher will result in a DUI
arrest; a blood alcohol level of .07 will result in an
arrest for DWI. A refusal to take the
breath test can
now be admitted into evidence at a DUI trial as
consciousness of guilt.
Maryland DUI is prosecuted under two different
theories: that the defendant is under the influence of
alcohol, which is where the driver's normal
coordination has been substantially impaired as a
result of the consumption of alcohol, or by violating
Maryland's "per se" law of driving with .08% or more BAC
(blood alcohol level), regardless of driving
ability or impairment.
Maryland DUI (driving under the influence)
consequences include a minimum driver's license
suspension of 45 days, and punishment of up to
$1,000.00 and one year in jail for a first offense
DUI, and $2,000.00 and two years in jail for a second
offense DUI. A Maryland DUI conviction will result in
12 points on the Maryland Driver's License record.
Maryland DWI (driving while impaired), while a
lesser offense to a Maryland DUI (driving under the
influence) still has very harsh consequences,
including a driver's license suspension of up to 60
days, 8 points on the Maryland Driver's License
record, up to $500 and two months in jail for a first
offense, and up to $500.00 and one year in jail for a
second offense.
A refusal to take the breath test in Maryland may
result in a 120-day driver's license suspension, plus
the refusal may be admissible in court against those
accused of violating Maryland DUI or DWI laws.
DUI and DWI arrests of persons from other states will still
require a Maryland MVA Hearing to protect their
driving privileges. Maryland is a member of the
Interstate Driver's License Compact, which shares
information about DUI convictions and driver's license
actions with other member states. There are 45 states
that belong to this compact.
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