MD DWI Defense Attorney
Strict enforcement of the DUI and DWI laws in Maryland by law enforcement, State’s Attorneys and Judges can mean bad news for anyone facing a drunk driving arrest and prosecution. While each subsection of the DWI laws requires the requirement of driving or attempting to drive, the substance that causes the impairment distinguishes the appropriate charge. After a drunk driving arrest, it is recommended you seek the guidance of an accomplished and veteran DUI defense lawyer. The implied consent law says that any driver in the State of Maryland or who is license to drive in Maryland implicitly consents to submit to a breath or blood test if they are suspected of driving while impaired. A holder of a commercial driver’s licence faces a one year disqualification of their license if convicted of driving under the influence or driving while impaired under certain sections of the statute.
The MVA will, upon request by that individual, issue a duplicate driver’s license so the driver can continue to drive and be able to display a form of photo identification during the 45-day. Contact attorney Randolph Rice today to discuss your options, how to avoid jail time and keep your license to drive. If you’ve been charged with drunk driving in Maryland, you should consult and retain an experienced DUI and DWI lawyer as soon as possible. Attorney Randolph Rice is a former prosecutor and has been defending individuals charged with drunk driving in Maryland since 2009. The DWI laws contain 6 separate sections and individual can be charged with driving while impaired.
If you’ve been charged with DUI or DWI in Maryland and you need a DUI lawyer help, contact attorney Randolph Rice today to discuss your options and how to proceed in your drunk driving case. Each drunk driving arrest is unique and the individual should consult with a Maryland DWI lawyer to determine if they are eligible for an MVA Hearing.
Find Qualified Criminal Defense Attorney
In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. People have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state. One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer® or Intoxilyzer 5000.
If a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her driver’s license may be revoked or suspended. BAC test results over the legal limit are usually presumed to be proof of intoxication. Defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. Other types of evidence used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior and driving patterns and circumstantial evidence.
An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played. Police also gather important evidence of intoxication by administering standard field sobriety tests at the scenes of traffic stops. Defendants may challenge the validity of FST results by showing irregularities in the test administration procedure or other problems with the test.
Birmingham OWI & Aggravated DUI Penalties
The driver’s license may be suspended or restricted and they may be required to provide community service. The penalties for these charges are more severe if this is the second offense within seven years of any combination of these crimes, although a second offense is still considered a misdemeanor. If you have been charged with any type of DUI offense in the Birmingham area, don’t delay in getting the help you need to protect your legal rights. Regardless of what stage of the proceedings you find yourself in, it is never too late to obtain legal assistance from a DUI lawyer in the Birmingham area to help prevent facing these penalties. A driver’s license may be suspended for up to one year, and the driver may be required to install an ignition interlock device into their vehicle.
If convicted under Michigan’s Super Drunk driving law, a person may be required to pay fines of up to $700, spend up to 180 days in jail, and provide up to 360 hours of community service. Minors who are charged with driving under the influence of any alcohol under Michigan’s Zero Tolerance law face a misdemeanor criminal offense. The penalties for a first time offense can include fines of up to $250, driver’s license restrictions, and up to 360 hours of community service. The law presumes that if a person is lawfully arrested by an officer who has probable cause to believe they are driving under the influence of alcohol or drugs, they have consented to a chemical test to determine their blood alcohol content. Refusing to submit to a test will also result in suspension of a driver’s license.
Our experienced Birmingham DUI lawyers can help you understand the penalties you are facing and build the best possible defense for your specific situation. Just because you were arrested for driving under the influence does not mean a conviction and its Birmingham penalties is inevitable.