DWI Claims Attorneys
Baltimore, Maryland
If you have been charged with driving while intoxicated ("DWI") or driving under the influence ("DUI") of alcohol, the state of Maryland must prove you are guilty beyond a reasonable doubt. The difference between a DWI and a DUI is one of degree.
In Maryland, if your Blood Alcohol Concentration (BAC) is .08 or above, you are considered legally drunk and can be charged with a DWI. If your BAC is between .04 and .07, you can be charged with a DUI. In Maryland, a DUI is a lesser infraction, but it is still a serious offense.
If you opt to take a breath test administered by police, the prosecutor will try to use your BAC to prove your guilt.
From the time a police officer first spots the driver, he or she will observe your behavior and coordination skills. Police are looking for:
- The smell of alcohol coming from your breath
- The inability to stay in one lane
- Excessive speed
- Bloodshot, watery eyes
- The inability to exit the vehicle without assistance
- Slurred speech and a pale face
- The inability to walk without assistance
- Failure to follow the officer's instructions
Aside from these observations, an officer may ask you to perform roadside field sobriety tests. These tests were developed to determine your level of impairment and to establish probable cause to make your arrest. The field sobriety tests are used against you in court and can even be the lone basis for your conviction.
Legally Drunk
Once you are under arrest, the officer must offer you the opportunity to submit a breath test or a blood test to determine your BAC. Refusal to take the breath test will result in a license suspension for at least 45 days.
Request of Administrative Hearing
You may request an administrative hearing (in writing) within 30 days of the date of the Order of Suspension to show why your license should not be suspended; you must request a hearing within 10 days of your Order of Suspension to request that your license NOT be suspended prior to your hearing. This request for a hearing also costs $125.00.
Two Cases
If you have been arrested in the state of Maryland for suspicion of a DWI or DUI there will be two different cases brought against you. One is the criminal case brought by the state, and the other is by the Maryland Department of Motor Vehicles to revoke your license. If your BAC is above .15 you may be required to participate in the Ignition Interlock System—a breathalyzer device attached to your vehicle's starter. You will be required to blow into the device in order for your vehicle to start.
Driver's License Compact
Maryland is a member of the Interstate Drivers License Compact which means that if you are convicted of a DUI or DWI in this state, they will share that information with all of the other states in the compact. There are 45 states in the U.S that participate in the Interstate Drivers License Compact.
If you have been charged with a Maryland DWI there are two things that you need to consider:
- Take the charge seriously—a conviction for a Maryland DWI will have long lasting consequences. A criminal record can affect your employment, your future and your personal freedom.
- Hire an experienced Maryland DWI Lawyer—comprehending the Maryland DWI laws and courtroom proceedings can be intimidating and challenging. Hiring a qualified attorney, like those at Cohen & Dwin can make a difference in the outcome of your case.
Contact Cohen & Dwin today to schedule your free initial consultation. Our experienced lawyers can help you in this time of need. Please call 410-LAW-HELP today. "Let Our Family Help Your Family."
|
