Showing posts with label Maryland. Show all posts
Showing posts with label Maryland. Show all posts

Friday, March 23, 2018

6 Common Questions About DUI and DWI Laws in Maryland

6 Common Questions About DUI and DWI in Maryland

#1 Is a DUI a felony in the State of Maryland?


If you have been charged with drinking and driving or a DUI, it might benefit you to know that the State of Maryland does not consider it a felony.

The prohibition against DUI’s can be found in the Maryland Transportation Code and not the Maryland Criminal Code. This underpins the way Maryland officials think of DUI cases.

However, a pedestrian is killed by a drunk driver every 58 hour in Maryland. So, the seriousness of a DUI offense should not be underestimated.

Despite a DUI not being a felony, the administrative and criminal penalties can be severe. Administrative penalties can include points on your license and even revocation. Criminal penalties can include fines and even jail time.

The severity of both administrative and criminal charges can depend on a number of factors most significant of which is your number of previous offenses.

For instance, a misdemeanor can become a felony if:

  • (a) it is a felony under the Maryland Vehicle Law; or 
  • (b) it is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.

#2 Is DUI a misdemeanor in Maryland?

The State of Maryland considers DUI’s a misdemeanor and not a felony. Felonies are reserved for crimes such as murder or arson.

As such the misdemeanor is listed in the Maryland Transportation Code and not the Maryland Criminal Code. Under Maryland Transportation Code§ 21-902, a person may not drive or attempt to drive any vehicle while under the influence.

If charged with the above misdemeanor, then a person stands to be subject to a fine not exceeding $500. You will also likely receive 12 points on your license which will stay on your record for two years.

Again, these penalties can be exacerbated by individual circumstances such as the driver’s age, whether there were children in the vehicle, and what your blood alcohol content (BAC) was at the time of the offence.

#3 Are DUI and DWI the same thing?

A DUI stands for driving under the influence. A DWI stands for driving while intoxicated (or impaired).

Some states, have used the terms interchangeably. However, Maryland has used the term DWI to denote a lesser crime.

The major difference between the two is a DWI does not need as high a blood alcohol content (BAC) and thus is the less penalized offence.

A DWI can be charged if your BAC is 0.07% or higher. Typically, this would also involve the failure of a field sobriety test as the BAC is on the lower end of the spectrum.

A DUI is charged when an individual’s BAC is 0.08% or higher. A DUI would certainly involve more serious penalties as it is the more significant infraction.

#4 How many points do you get for DUI?

Points on your license are meant to penalize driver’s from violating traffic rules and deter reckless driving.

When one reaches a certain amount of points, the state can suspend, revoke or even terminate an individual’s license.

When one has been convicted of a DUI, you will likely get points on your license. For the first DUI offense, you will likely get 12 points on your license.

For the second, you will likely get another 12 points on your license. A DWI offence, adds eight points to your license. Additionally, another DWI offense will add 8 more points.

In Maryland the points will stay on your license for 2 years. Lastly, in Maryland 12 points or more will cause your license to be revoked.

#5 What is a DUI per se in Maryland?

DUI per se means that you can be arrested if you are found to be at or above the BAC limit even when it has not impaired your driving.

This means if tested and your BAC is or exceeds 0.08%, you can be charged with a DUI per se. After that, the search needs only to have had sufficient probable cause.

Therefore, a DUI per se merely requires proof that an individual’s BAC is at or above 0.08% at the time of the incident.

#6 What is the legal alcohol limit in Maryland?

Blood alcohol content (BAC) tests the amount of alcohol in an individual’s bloodstream. This is what determines whether an individual was driving legally or could potentially be charged with a DWI or even a DUI.

A DUI is charged when an individual is found to have a BAC of 0.08% or above. A DWI is charged when an individual is found to have a BAC of 0.07% or above. Therefore, the legal alcohol limit in Maryland is anything below 0.07%.

Maryland DUI Lawyer Can Answer Your Questions

Do you have more questions about a DUI or DWI in Maryland. A Maryland DUI lawyer can help answer all of your questions. Contact the Law Offices of Randolph Rice (410.288.2900) today to discuss your charges and learn how a lawyer can help.

Monday, March 17, 2014

Indianapolis Colts Owner Jim Irsay faces DUI and Possession Charges


Jim Irshay Facing DUI and Possession Charges


Indianapolis Colts owner Jim Irsay was stopped on Sunday night and charged by police with driving under the influence of alcohol and possession of a controlled substance.

In Maryland, driving under the influence of alcohol carries a maximum penalty of 1 year in jail and/or $1000.00 fine and 12 point on the driver's record.

Also, in Maryland, if you are convicted of possession of marijuana, the penalties can range from 90 days in jail to 1 year and if you are in possession of non-marijuana, the maximum penalty is 4 years in jail.

Police are quoted saying: "During the course of the investigation, Irsay subsequently failed several roadside field sobriety tests."  In an inventory of Irsay's vehicle, "multiple prescription drugs were discovered in pill bottles," police said. "These Schedule IV prescription drugs were not associated with any prescription bottles found in the vehicle."

Irsay faces four counts of felony possession of controlled substances.

If you are facing a DUI or possession of controlled dangerous substances in Maryland, call attorney Randolph Rice at 410-288-2900 for immediate legal help.

Click here to read more from USAToday
 http://www.usatoday.com/story/sports/nfl/2014/03/17/indianapolis-colts-owner-arrested-for-dwi/6515285/

Tuesday, September 20, 2011

Maryland Statutes for DUI and DWI Charges

If you've been arrested or charged with DUI or DWI, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal help.

Below find the Maryland Statutes that prohibit Driving Under the Influence and Driving While Impaired in Maryland.


TRANSPORTATION  
TITLE 21.  VEHICLE LAWS -- RULES OF THE ROAD  
SUBTITLE 9.  RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE

Md. TRANSPORTATION Code Ann. § 21-902  (2011)

§ 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance 


   (a) Driving while under the influence of alcohol or under the influence of alcohol per se. --

   (1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.

   (2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

   (3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

(b) Driving while impaired by alcohol. --

   (1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.

   (2) A person may not violate paragraph (1) of this subsection while transporting a minor.

(c) Driving while impaired by drugs or drugs and alcohol. --

   (1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.

   (2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.

   (3) A person may not violate paragraph (1) of this subsection while transporting a minor.

(d) Driving while impaired by controlled dangerous substance. --

   (1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.

   (2) A person may not violate paragraph (1) of this subsection while transporting a minor.

(e) Crime committed in another jurisdiction. -- For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.



Wednesday, May 25, 2011

In Need of a DUI or DWI Attorney in Carroll County, Maryland?

Have you been charged in Carroll County, Maryland for DUI or DWI?


If you answered yes, then you need a Carroll County Drunk Driving Defense Attorney.   DUI and DWI's in Maryland are serious and the State's Attorneys in Carroll County are looking to put you in jail.  If you are facing charges, we can offer an aggressive defense to your charges.
Carroll County, Maryland
Drunk Driving Defense Attorney
410-288-2900

We challenge the:

  • Traffic stop;
  • Field Sobriety Tests,
  • Arrest;
  • Detention;
  • Breath Tests;
  • Drug Recognition Tests;
  • and all other parts of a DUI or DWI case in Carroll County.

If you can't make it into the office, we can conduct the DUI/DWI interview over the phone and make sure you're prepared for your day in Court.  Our lead Carroll County DUI/DWI Attorney, G. Randolph Rice, Jr., Esquire, has handled thousands of DUI's and DWI's.  As a former Assistant State's Attorney, he knows all the arguments and what to present to the Court.

Westminster, Maryland DUI / DWI Defense Attorney, G. Randolph Rice, Jr., Esquire.  Call 410-288-2900 for Immediate Help and DUI/DWI Legal Advise.

Call the office immediately to schedule an office meeting or a conference call to discuss your DUI or DWI in Carroll County, MD.  Office 410-288-2900 Available 24/7 for all your Drunk Driving Needs.

If you have been charged with a DUI or DWI in Carroll County, your case will start in the District Court for Carroll County, Maryland.  There we will be able to argue before a Judge the thousands of possible defenses in every DUI or DWI case in Maryland.

Don't wait, if you've been arrested or charged with DUI/DWI/Drunk Driving, you need to call us immediately.  Not only are there Court penalties (jail, fines, court costs, etc.) but also Maryland MVA penalties that you could be facing. (Loss of License or Suspension)

Get your DUI and DWI Defense questions answered by a Former Assistant State's Attorney.

Law Offices of G. Randolph Rice, Jr., LLC


Office: 410-288-2900

Main Office
6914 Holabird Avenue, Suite A
Baltimore, Maryland 21222-1747

Towson Office
101 E. Chesapeake Avenue, Suite 200
Towson, Maryland 21286

Westminster, Maryland DUI / DWI Defense Attorney, G. Randolph Rice, Jr., Esquire.  Call 410-288-2900 for Immediate Help and DUI/DWI Legal Advise.