Maryland Maximum Penalty for DUI, DWI, drunk driving first offense
If you've been charged with DUI or DWI in Maryland, contact my office for immediate legal help.
410-288-2900 or email me today.
Showing posts with label DUI Lawyer Maryland. Show all posts
Showing posts with label DUI Lawyer Maryland. Show all posts
Wednesday, April 9, 2014
Monday, September 12, 2011
DR-15 for a DUI/DWI Arrest in Maryland
Did you read or did the police officer read you the DR-15 when you were arrested for DUI/DWI in Maryland? If you did not sign the DR-15, you may have a defense to your DUI/DWI arrest. Call my office at 410.288.2900 to discuss the DR-15 and your DUI/DWI case.
A DR-15 is required to be read to all drivers arrested under the suspicion of driving under the influence of driving while impaired in Maryland. It advises each driver of the administrative consequences for either taking an alcohol concentration test or not taking the test. Every driver should read the form if they are arrested and understand before you sign. You can call an attorney at anytime after your arrest. Call me 24/7 at 410.288.2900 for immediate DUI/DWI help. Maryland DUI/DWI Attorney G. Randolph Rice, Jr.
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| DR-15 Maryland DUI Attorney 410.288.2900 |
A DR-15 is required to be read to all drivers arrested under the suspicion of driving under the influence of driving while impaired in Maryland. It advises each driver of the administrative consequences for either taking an alcohol concentration test or not taking the test. Every driver should read the form if they are arrested and understand before you sign. You can call an attorney at anytime after your arrest. Call me 24/7 at 410.288.2900 for immediate DUI/DWI help. Maryland DUI/DWI Attorney G. Randolph Rice, Jr.
Example of a DR-15 Advice of Rights for DUI or DWI in the State of Maryland.
DR-15 (10-08)
ADVICE OF RIGHTS - (§ 16-205.1 of Maryland Transportation Article)
You have been stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you be asked to submit to a test under § 16-205.1 of the Maryland Vehicle Law. In this situation, the law deems that you have consented to take a test to measure the alcohol concentration or drug or controlled dangerous substance content in your system. You may refuse to submit to the test(s), unless you were in a motor vehicle accident resulting in the death of or life-threatening injury to another person.
Suspension of Your Maryland Driver's License or Driving Privilege:
If you refuse to submit to the test, or submit to the test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your Maryland driver's license will be confiscated, you will he issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall he imposed against your license or privilege to drive in Maryland:
If your test result is an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
If your test result is an alcohol concentration of 0.15 or more: The suspension will be 90 days for a first offense and 180 days for if second or subsequent offense.
If you refuse to submit to a test: The suspension will he 120 days for it first offense and one (1) year for a second or subsequent offense.An additional criminal penalty of not more than $500 or imprisonment for not more than 2 months or both, may be imposed under § 27101(x) of the Maryland Vehicle Law if you are convicted of a drunk or drugged driving offense under § 21-902, and the judge or jury finds beyond a reasonable doubt that you knowingly refused to take a test arising out of the same circumstances. If you hold a commercial driver's license (CDL) and were driving a non-commercial motor vehicle when you were stopped, and refuse to submit to a test, your CDL, or privilege will be disqualified for one year for a first offense or for life if your CDL or privilege has been previously disqualified for at least 1 year under § 16-812(a) or (b) of the Maryland Transportation Article, a federal law, or any other state's law. If you were driving a commercial motor vehicle and refuse the test, your CDL or privilege will be disqualified as set forth below.
Modification of the Suspension or Issuance of a Restrictive License:
If your test result is an alcohol concentration of 0.08 but less than 0.15: The suspension may be modified or a restrictive license issued at a hearing in certain circumstances.
If you refuse a test, or take a test with a result of 0.15 or more: You will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock System Program under § 16-404.1 of the Maryland Vehicle Law. This program requires the vehicle(s) you drive to be equipped with a device that prevents you from operating it if you have alcohol in your blood. At a hearing, if you request one, an administrative judge may modify a suspension by permitting you to participate in the Ignition Interlock System Program for one year, but is not required to do so. Instead of requesting a hearing, you may elect to participate in the Ignition Interlock System Program for one year, instead of the period of suspension, if the following conditions are met: 1) your driver's license is not currently suspended, revoked, canceled, or refused; 2) you were not charged with a moving violation arising out of the same Circumstances as the Order of Suspension that involved the death of, or serious physical injury to, another person; and 3) within thirty (30) days of the date of the Order of Suspension you a) elect in writing to participate in the Ignition Interlock System Program for one year, instead of requesting a hearing, and b) surrender a valid Maryland driver's license or sign a statement certifying that the license is no longer in your possession. An ignition interlock election form is located on the reverse side of the driver's copy of the Order of Suspension.
You Have the Right to Request an Administrative Hearing:
You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver's license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the "Hearing Request" form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $125.00, which is the required filing fee, made payable to the "Maryland State Treasurer." Your request for a hearing will be invalid if submitted without the required $125.00 filing fee.
Offenses Occurring While Driving a Commercial Motor Vehicle:
In addition to any suspension for a test failure or refusal, if you were operating a commercial motor vehicle and your test result indicates an alcohol concentration of 0,04 or more, or you refused to submit to a test, your commercial driver's license or privilege shall be disqualified 1 year for a first offense, or 3 years for a first offense committed while transporting hazardous materials required to be placarded, and disqualified for life if your commercial driver's license has been previously disqualified for at least one year under MD TM 16-812(a) or (b), a federal law, or any other state's law.
Your Driver's license or Privilege will be Suspended on the 46th Day after the Order of Suspension if:
You do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to Participate in the Ignition Interlock System Program for one year instead of requesting a hearing. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.
Certification: I, the Undersigned Police Officer, certify that I have advised the driver of the above stated Advice of Rights, including the sanctions imposed for: I) a refusal to take a test; 2) a test resulting in an alcohol concentration of at least 0.08 but less than 0.15; 3) a test resulting in an alcohol concentration of 0.15 or more; and 4) disqualifications for persons holding a commercial driver's license.
Read Before Signing: I. the undersigned driver, acknowledge that I have been read or 1 have read the above stated Advice of Rights as certified by the police officer. I understand that this requested test is in addition to any preliminary tests that were taken.
Having been so advised, do you now agree to submit to a test? (Officer check reply)
[ ] Yes – Agree to submit to an alcohol concentration test [ ] Yes – Agree to Submit to a test for drug or controlled dangerous substance (CDS)
[ ] No – Alcohol Concentration test refused [ ] No – Drug or CDS test refused (DRE must complete & submit DRE Certification Form)
Driver Signature______________________ Date______ Time__________ DR-15A Control #______________
Signature of Officer___________________ I.D. No._________________ Police Agency__________________
Thursday, April 21, 2011
DR-15 for a DUI/DWI Arrest in Maryland
Did you read or did the police officer read you the DR-15 when you were arrested for DUI/DWI in Maryland? If you did not sign the DR-15, you may have a defense to your DUI/DWI arrest. Call my office at 410.288.2900 to discuss the DR-15 and your DUI/DWI case.
A DR-15 is required to be read to all drivers arrested under the suspicion of driving under the influence of driving while impaired in Maryland. It advises each driver of the administrative consequences for either taking an alcohol concentration test or not taking the test. Every driver should read the form if they are arrested and understand before you sign. You can call an attorney at anytime after your arrest. Call me 24/7 at 410.288.2900 for immediate DUI/DWI help. Maryland DUI/DWI Attorney G. Randolph Rice, Jr.
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| DR-15 Maryland DUI Attorney 410.288.2900 |
A DR-15 is required to be read to all drivers arrested under the suspicion of driving under the influence of driving while impaired in Maryland. It advises each driver of the administrative consequences for either taking an alcohol concentration test or not taking the test. Every driver should read the form if they are arrested and understand before you sign. You can call an attorney at anytime after your arrest. Call me 24/7 at 410.288.2900 for immediate DUI/DWI help. Maryland DUI/DWI Attorney G. Randolph Rice, Jr.
Example of a DR-15 Advice of Rights for DUI or DWI in the State of Maryland.
DR-15 (10-08)
ADVICE OF RIGHTS - (§ 16-205.1 of Maryland Transportation Article)
You have been stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you be asked to submit to a test under § 16-205.1 of the Maryland Vehicle Law. In this situation, the law deems that you have consented to take a test to measure the alcohol concentration or drug or controlled dangerous substance content in your system. You may refuse to submit to the test(s), unless you were in a motor vehicle accident resulting in the death of or life-threatening injury to another person.
Suspension of Your Maryland Driver's License or Driving Privilege:
If you refuse to submit to the test, or submit to the test and the result indicates an alcohol concentration of 0.08 or more at the time of testing, your Maryland driver's license will be confiscated, you will he issued an Order of Suspension and, if eligible, a temporary license valid for 45 days. The following periods of suspension shall he imposed against your license or privilege to drive in Maryland:
If your test result is an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
If your test result is an alcohol concentration of 0.15 or more: The suspension will be 90 days for a first offense and 180 days for if second or subsequent offense.
If you refuse to submit to a test: The suspension will he 120 days for it first offense and one (1) year for a second or subsequent offense.An additional criminal penalty of not more than $500 or imprisonment for not more than 2 months or both, may be imposed under § 27101(x) of the Maryland Vehicle Law if you are convicted of a drunk or drugged driving offense under § 21-902, and the judge or jury finds beyond a reasonable doubt that you knowingly refused to take a test arising out of the same circumstances. If you hold a commercial driver's license (CDL) and were driving a non-commercial motor vehicle when you were stopped, and refuse to submit to a test, your CDL, or privilege will be disqualified for one year for a first offense or for life if your CDL or privilege has been previously disqualified for at least 1 year under § 16-812(a) or (b) of the Maryland Transportation Article, a federal law, or any other state's law. If you were driving a commercial motor vehicle and refuse the test, your CDL or privilege will be disqualified as set forth below.
Modification of the Suspension or Issuance of a Restrictive License:
If your test result is an alcohol concentration of 0.08 but less than 0.15: The suspension may be modified or a restrictive license issued at a hearing in certain circumstances.
If you refuse a test, or take a test with a result of 0.15 or more: You will be ineligible for modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock System Program under § 16-404.1 of the Maryland Vehicle Law. This program requires the vehicle(s) you drive to be equipped with a device that prevents you from operating it if you have alcohol in your blood. At a hearing, if you request one, an administrative judge may modify a suspension by permitting you to participate in the Ignition Interlock System Program for one year, but is not required to do so. Instead of requesting a hearing, you may elect to participate in the Ignition Interlock System Program for one year, instead of the period of suspension, if the following conditions are met: 1) your driver's license is not currently suspended, revoked, canceled, or refused; 2) you were not charged with a moving violation arising out of the same Circumstances as the Order of Suspension that involved the death of, or serious physical injury to, another person; and 3) within thirty (30) days of the date of the Order of Suspension you a) elect in writing to participate in the Ignition Interlock System Program for one year, instead of requesting a hearing, and b) surrender a valid Maryland driver's license or sign a statement certifying that the license is no longer in your possession. An ignition interlock election form is located on the reverse side of the driver's copy of the Order of Suspension.
You Have the Right to Request an Administrative Hearing:
You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver's license or privilege should not be suspended. You must request a hearing within 10 days of the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. Your request for a hearing must be made in writing. You may use the "Hearing Request" form if available. Send your request to the Office of Administrative Hearings at 11101 Gilroy Rd., Hunt Valley, MD 21031-1301. You must include a check or money order for $125.00, which is the required filing fee, made payable to the "Maryland State Treasurer." Your request for a hearing will be invalid if submitted without the required $125.00 filing fee.
Offenses Occurring While Driving a Commercial Motor Vehicle:
In addition to any suspension for a test failure or refusal, if you were operating a commercial motor vehicle and your test result indicates an alcohol concentration of 0,04 or more, or you refused to submit to a test, your commercial driver's license or privilege shall be disqualified 1 year for a first offense, or 3 years for a first offense committed while transporting hazardous materials required to be placarded, and disqualified for life if your commercial driver's license has been previously disqualified for at least one year under MD TM 16-812(a) or (b), a federal law, or any other state's law.
Your Driver's license or Privilege will be Suspended on the 46th Day after the Order of Suspension if:
You do not request a hearing within 10 days of the date of the Order of Suspension or, if eligible, you do not elect within 30 days of the Order of Suspension to Participate in the Ignition Interlock System Program for one year instead of requesting a hearing. If you submit a valid hearing request, a suspension will not be imposed unless a decision is rendered against you, or if you fail to appear for the hearing.
Certification: I, the Undersigned Police Officer, certify that I have advised the driver of the above stated Advice of Rights, including the sanctions imposed for: I) a refusal to take a test; 2) a test resulting in an alcohol concentration of at least 0.08 but less than 0.15; 3) a test resulting in an alcohol concentration of 0.15 or more; and 4) disqualifications for persons holding a commercial driver's license.
Read Before Signing: I. the undersigned driver, acknowledge that I have been read or 1 have read the above stated Advice of Rights as certified by the police officer. I understand that this requested test is in addition to any preliminary tests that were taken.
Having been so advised, do you now agree to submit to a test? (Officer check reply)
[ ] Yes – Agree to submit to an alcohol concentration test [ ] Yes – Agree to Submit to a test for drug or controlled dangerous substance (CDS)
[ ] No – Alcohol Concentration test refused [ ] No – Drug or CDS test refused (DRE must complete & submit DRE Certification Form)
Driver Signature______________________ Date______ Time__________ DR-15A Control #______________
Signature of Officer___________________ I.D. No._________________ Police Agency__________________
Baltimore County DUI/DWI Case in Essex District Court
As an experienced DUI/DWI attorney in Baltimore County, I find myself in the Essex District Court on a regular basis representing DUI/DWI defendants. I recently represented a client who was facing his second DUI, that was received less than a year before the new charges, and was on probation at the time of the new DUI offense.
The client was spotted by a Baltimore County Police officer speeding and weaving across the yellow line in the eastern part of the County. The office made a legal traffic stop based on a reasonable articulable suspicion that the client committed a traffic violation. Once the officer approached the vehicle, he asked the driver for his license, registration and proof of insurance. FYI, if you are stopped in Maryland, you are only required to provide to the police officer you driver's license, registration card, and proof of insurance. The driver could not produce his license and when asked for identification, the driver fumbled with his wallet, finally providing an ID card from work.
The officer asked the driver to step out of the car and could detect a strong odor of alcohol on the breath of the driver. The driver could not stand up and spoke with a slurred speech. All of these factors provided the police officer with probable cause to proceed with a DUI/DWI investigation. Once the driver was asked if he has been drinking, the driver refused to answer or would tell the officer that he had not been drinking.
The driver refused to submit to field sobriety tests and was arrested. Once the driver was taken to the precinct by the Baltimore County Police, he refused a breath alcohol test. The driver was arrested and charged with driving under the influence, driving while impaired and related traffic citations.
When we appeared in the Essex District Court, we were before a visiting judge that was retired. This is why it is so important to hire am experienced DUI/DWI attorney. When you practice DUI/DWI law on a regular basis, you're familiar with all of the Judges that may be present in Court that day, and I had appeared before this Judge in the past on similar type cases.
Since the client had received a PBJ (probation before judgment) for a DUI arrest less than a year before he was arrested for the most recent DUI, we were concerned that the Court and State's Attorney would seek jail. I was able to negotiate with the State's Attorney to go on the lesser charge of DWI (driving while impaired, carried a maximum penalty of 60 days) and recommend to the Court that the client would not be sent to jail. The Court agreed and the client walked out of the Courtroom.
If you have been arrested by the Baltimore County Police for DUI or DWI, contact my office at 410.288.2900 to schedule a free DUI/DWI consultation.
Law Offices of G. Randolph Rice, Jr., LLC
Available 24/7 at 410.288.2900. Call for Immediate DUI/DWI help.
Main Office:
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222
By Appointment Only:
101 E. Chesapeake Avenue, Suite 200
Towson, Maryland 21286
Best DUI/DWI Law Firm/Lawyer in Baltimore by CitySpur (2009, 2010, 2011)
 |
| DUI/DWI Lawyer Maryland Baltimore County DUI/DWI Lawyer |
The client was spotted by a Baltimore County Police officer speeding and weaving across the yellow line in the eastern part of the County. The office made a legal traffic stop based on a reasonable articulable suspicion that the client committed a traffic violation. Once the officer approached the vehicle, he asked the driver for his license, registration and proof of insurance. FYI, if you are stopped in Maryland, you are only required to provide to the police officer you driver's license, registration card, and proof of insurance. The driver could not produce his license and when asked for identification, the driver fumbled with his wallet, finally providing an ID card from work.
The officer asked the driver to step out of the car and could detect a strong odor of alcohol on the breath of the driver. The driver could not stand up and spoke with a slurred speech. All of these factors provided the police officer with probable cause to proceed with a DUI/DWI investigation. Once the driver was asked if he has been drinking, the driver refused to answer or would tell the officer that he had not been drinking.
The driver refused to submit to field sobriety tests and was arrested. Once the driver was taken to the precinct by the Baltimore County Police, he refused a breath alcohol test. The driver was arrested and charged with driving under the influence, driving while impaired and related traffic citations.
When we appeared in the Essex District Court, we were before a visiting judge that was retired. This is why it is so important to hire am experienced DUI/DWI attorney. When you practice DUI/DWI law on a regular basis, you're familiar with all of the Judges that may be present in Court that day, and I had appeared before this Judge in the past on similar type cases.
Since the client had received a PBJ (probation before judgment) for a DUI arrest less than a year before he was arrested for the most recent DUI, we were concerned that the Court and State's Attorney would seek jail. I was able to negotiate with the State's Attorney to go on the lesser charge of DWI (driving while impaired, carried a maximum penalty of 60 days) and recommend to the Court that the client would not be sent to jail. The Court agreed and the client walked out of the Courtroom.
If you have been arrested by the Baltimore County Police for DUI or DWI, contact my office at 410.288.2900 to schedule a free DUI/DWI consultation.
Law Offices of G. Randolph Rice, Jr., LLC
Available 24/7 at 410.288.2900. Call for Immediate DUI/DWI help.
Main Office:
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222
By Appointment Only:
101 E. Chesapeake Avenue, Suite 200
Towson, Maryland 21286
Best DUI/DWI Law Firm/Lawyer in Baltimore by CitySpur (2009, 2010, 2011)
DUI/DWI Arrest in Baltimore County, Maryland
Have you been arrested or charged with DUI or DWI in Baltimore County, Maryland? You need an experienced Baltimore County DUI/DWI Defense Attorney.
The Law Offices of G. Randolph Rice, Jr., LLC, have handled thousands of DUI and DWI cases in the three Baltimore County District Court; Catonsville District Court, Towson District Court and Essex District Court (on Kelso Drive).
Let our experience and knowledge go to work for you. A DUI or DWI arrest can have lasting affects on your life, don't let an inexperienced lawyer handle you DUI or DWI case. Call us now at 410.288.2900 to discuss your DUI/DWI defense options.
DUI and DWI law is complex and specific. An attorney that handles DUI and DWI on a daily basis is needed for a serious defense to your case. The law is changing every year, don't miss a deadline or procedural motion in your case that could affect the outcome of your DUI/DWI case.
Law Offices of G. Randolph Rice, Jr., LLC, call us at 410.288.2900.
 |
| DUI/DWI Lawyer Maryland 410.288.2900 |
The Law Offices of G. Randolph Rice, Jr., LLC, have handled thousands of DUI and DWI cases in the three Baltimore County District Court; Catonsville District Court, Towson District Court and Essex District Court (on Kelso Drive).
Let our experience and knowledge go to work for you. A DUI or DWI arrest can have lasting affects on your life, don't let an inexperienced lawyer handle you DUI or DWI case. Call us now at 410.288.2900 to discuss your DUI/DWI defense options.
DUI and DWI law is complex and specific. An attorney that handles DUI and DWI on a daily basis is needed for a serious defense to your case. The law is changing every year, don't miss a deadline or procedural motion in your case that could affect the outcome of your DUI/DWI case.
Law Offices of G. Randolph Rice, Jr., LLC, call us at 410.288.2900.
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