MarylandThis DUI Attorney
participates in the
International Referral Database of DUI Attorneys and has provided the
following information about DUI Law in Maryland. Maryland DUI Laws are
complex and you should consult a Maryland DUI Attorney
forthwith and before your first attendance in Maryland DUI Court. Drinking
Driver's Worksheet | The
Impaired Driving Checklist |
Law Office of A. Stephen Conte
600 Jefferson PlazaSuite 350-
Rockville, MD
20852
Phone: office phone (240)396-5855 cell phone (301)257-3364
Fax: (240) 396.5857
Toll-free Phone: -
Profile:
Practice for this DUI Attorney in the following Regions, Cities, and Counties:
State of Maryland & Washington, D.C. (State, Federal & Military Courts)
Rockville, Silver Spring, Upper Marlboro, Hyattsville, Ellicott City, Annapolis, Glen Burnie, Frederick, Hagerstown, Prince Frederick, La Plata, Leonardtown, Easton, Denton, Centreville, Cambridge, Chestertown, Princes Anne, Salisbury, Snow Hill, Ocean City, Westminster, Catonsville, Townson and Baltimore City
Description of this DUI Lawyer Practice:
Mr.Conte is a 1994 Graduate of the CUA-Columbus School of Law (JD), Washington, D.C. and a member in good standing of the Maryland Bar and the Bar of the District of Columbia. Prior to obtaining a law degree he was a District Court Commissioner (Prince George's County,Maryland) and also served as an Assistant State's Attorney for Montgomery County.
Impaired Driving Lawyer Synopsis of the Law Applicable to this Province or State:
Maryland 21-902 (a) .08% BAC, $1000-1yr (per se intoxicated)
PER SE RULE 21-902(b) less than .08% $500-60 days
A breath test of .08 or more will be considered per se under the influence. A test result of .07 or more, but less than .08, will be prima facie evidence that the person is impaired by alcohol. The other inferences and presumptions contained in Courts and Judicial Proceedings Article, § 10-307 remain the same.
A person who is convicted a second time of driving under the influence in violation of § 21-902(a) within 5 years of a prior "a" conviction receives a mandatory one year suspension of their driver's license or privileges. There is no work permit or interlock restriction allowed for the one year. After the year the person is required to put an interlock on all vehicles they own for from 3 months to one year. They are entitled to a hearing for an Adminstrative Law Judge to determine the length of the interlock restriction and whether there is financial hardship involved with installing an interlock on more than one car. Additionally, a second "a" conviction within 5 years of the first carries a mandatory minimum sentence of 5 days incarceration or 30 days community service. A third "a" conviction within 5 years carries a mandatory minimum sentence of 10 days incarceration or 60 days community service. Incarceration includes house arrest or in patient treatment.
There are additional, non-criminal sanction/penalties for driver's license or privilege suspension hearings arising out of arrests for drunk and drugged driving for refusal to submit to a breath or blood test driving under the influence or while impaired; refusal to take testis 120 days for a first offense and one year for any subsequent offense. The penalty for a test result of over .08 is a 45 day suspension for a first offense and a 90 day suspension for a subsequent offense. Under certain circumstances a licensee may be eligible for a restricted license allowing driving to and from employment, during the course of employment, and to and from an alcohol education or treatment program. In some cases, licensees will only be eligible for a restricted license if they agree to the installation of an interlock device in their car.
In order to avoid the potential suspension of an individual's driving privilege, contact a counsel of your choosing to protect your interest.
First Appearance Notes from this Impaired Driving Attorney:
Your first appearance may be before a District Court Commissioner who shall make a bail determination to determine pre-trial status. You will be given an initial Court Date, usually 60 days from arrest.
An expierenced DWI attorney can protect your rights provide pre-trial advice, such as timely requesting an Motor Vehicle hearing to preserve you driving privileges until trial.
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WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.