Columbia DUI Lawyers
- Michael, Jason:
criminal law
- Wiesner, Gary:
DUI: If your blood alcohol level is .08 or higher, you will be charged with a DUI, or driving under the influence. It is the most serious drunk driving charge.
DWI: The second most serious drunk driving charge, DWI, or driving while impaired, is given to drivers who drove while their coordination was impaired. This can be proven with a BAC test of .07.
There is no defined charge for drunk driving with a blood alcohol content of .06 or lower, but you can even be charged with a BAC of .05 or lower, if your driving was affected by the consumption of alcohol.
- Portner & Shure:
Defenses to DWI, such as, an unauthorized stop by the police are
losers. If you are driving in an unusual fashion, i.e. swerving the
police have the right to stop your vehicle. Arguing later, in Court,
that you were not swerving, is not even possible. Further, the police
have the right to stop your vehicle at a sobriety check point. Upon
being stopped, if the officer suspects that you were intoxicated, (in
other words if you demonstrate any of the signs such as slurred speech,
blood shot eyes or alcohol smell) you can be asked to perform certain
field tests. Field tests include a test involving your eyes, speech
(the alphabet), and physical ability (walking a straight line). You may
also then be asked to take a chemical sobriety test. Our advice is to
take the test and cooperate even if you know you are going to fail.
If you drive while intoxicated (DWI) or drive under the influence (DUI)
you run the risk of killing or seriously injuring yourself and someone
else. In addition you run the risk of flosing your license, going to
jail, losing a security clearance, a job and damaging your reputation.
The most serious charge carries a maximum penalty of three (3) years
incarceration or a $3,000 fine. Additionally, if charged with a
Maryland DUI or DWI, you can lose your privilege to drive for up to one
(1) year or more. Maryland, Virginia and the District of Columbia all
not long ago lowered the legal limit for driving while intoxicated.
Many defenses to DWI or DUI, such as, an unauthorized stop by the police
are losers. Usually a good criminal lawyer, however, does know which
defenses may lead to an acquittal. If you are driving in an unusual
fashion, i.e. swerving the police have the right to stop your vehicle.
Arguing later, in Court, that you were not swerving, is not even
possible. Further, the police have the right to stop your vehicle at a
sobriety check point. Upon being stopped, if the officer suspects that
you were intoxicated, (in other words if you demonstrate any of the
signs such as slurred speech, blood shot eyes or alcohol smell) you can
be asked to perform certain field tests. Field tests include a test
involving your eyes, speech (the alphabet), and physical ability
(walking a straight line). You may also then be asked to take a chemical
sobriety test. Our advice is to take the test and cooperate.
In the event you are charged with, driving while intoxicated (DWI) or
driving under the influence (DUI), you will be given certain documents.
One paper is a temporary license and motor vehicle hearing request form.
This form; a long with the appropriate hearing fee should be mailed to
the MVA immediately so you obtain a license hearing. If it is your first
offense and you took the Breathalyzer test and you did not blow too
high, the hearing should enable you to obtain a restricted license
instead of a suspension.
In addition to a Motor Vehicle Administration (MVA) hearing you will
have a hearing in the District Court in the county where the Maryland
offense occurred. At trial the outcome will depend on actions that you
have taken since the DWI or DUI. Prior DWI or DUI convictions are taken
very seriously and may result in some jail time. On the other hand, if
you have not been arrested before and have enrolled in an out-patient
Court approved alcohol rehabilitation program, the Court will look more
favorably upon you. In Maryland, if you follow certain Court imposed
restrictions you may obtain a probation before judgment. Probation
before judgment means that if you are not arrested again during the
probationary period and follow the Court's restrictions and/or requests
you will have no criminal record for this offense. A probation before
judgment means there is no conviction, therefore MVA can impose no
points and your insurance rates will not go up.
If you are convicted of a DUI or DWI the Motor Vehicle Administration
may take action against your license seeking to suspend, revoke or
otherwise restrict driving privileges. In certain cases one offense may
lead to suspension or revokation. Prior to having your driving
privileges suspended or revoked you are entitled to a hearnig.
- Lloyd, Kane, Wieder & Willis:
These offenses are taken very seriously in Maryland. Not only could you
be fined and put in jail, you could lose your license. Like any
criminal charge, an attorney will be able to recognize and argue issues
that could be a defense.
- Todd Mohink:
Drunk driving is characterized as driving with a blood alcohol level
over the legal limit or driving when your physical abilities are
impaired by drugs or a combination of drugs and alcohol. In Maryland,
it is considered intoxication per se, or driving while intoxicated, if
an individualÕs blood alcohol level is .1 grams of alcohol per 100
milliliters of blood or per 210 liters of breath. Maryland also
recognizes a lesser drunk driving offense, namely driving under the
influence, in which an individualÕs blood alcohol content ("BAC") is
.05 grams of alcohol per 100 milliliters of blood.
- Matt Lavine
In Maryland, it is illegal to drive a motor vehicle while under the
influence of drugs or alcohol or both. Driving while intoxicated (DWI)
refers to a higher level of alcohol in the driver's system than driving
under the influence of alcohol (DUI). If charged with these offenses,
you are likely facing two separate sets of penalties.
- Gazaille, RA:
No one plans to be arrested and charged with DUI/DWI. These charges usually result from a lack of proper judgment. You felt as though you were "okay" to drive, but one drink too many when you are enjoying time with friends can easily lead to serious consequences.
Don't let charges associated with drunk driving impact the rest of your life. Speak with an experienced DUI/DWI defense lawyer as soon as possible to protect your rights and your future.
- O'Guinn & McNeal:
* Personal Injury
* Wrongful Death
* Serious Workers Compensation
*
* Real Estate Matters
* Divorce & Custody
* Complex Civil Litigation
*
* DUI & All Traffic Matters
* Complex Criminal Litigation
*
* All Business Contracts
* Corporations and LLC's
* Business Sales & Purchase Transactions
*
* Wills, Advance Directives & Power of Attorney
* Estate Planning
* Deeds & Assignment Deeds
*
* State Administrative Hearings - OAH (MVA, Employment & Licensing Matters)
* College Disciplinary Hearings
* Security Clearance Matters - (PR's, Denials & Administrative Appeal Hearings)
*
* Attorney Grievance Matters - Substance Abuse & Mental Health Emphasis
*
* Computer Forensics Matters
* E-Discovery Retention Policies
* E-Discovery Litigation
* E-Discovery Training
* Computer Forensics Examiner Attorneys
*
* Dispute Mediation
* Divorce Mediation
* Experienced Mediator Attorneys
- Kim, Tae:
If you have been arrested and charged with driving under the influence (DUI) or driving while intoxicated (DWI), you have rights, but you must act quickly. You have the right to contact an attorney before you take a field sobriety or blood alcohol test, but you must contact a lawyer within 2 hours of the stop. Because the consequences of a conviction can be devastating, including the suspension of your license, substantial fines and penalties, and even jail time, you want an experienced lawyer to protect your rights, one who has successfully helped others in similar circumstances.
- Smith, Montella:
If you have been charged with a criminal offense you need to contact a criminal defense attorney as soon as possible. Important evidence and strategic advantages can be lost with every day of delay. It is important to have a lawyer explain the nature of the charges being brought against you and to represent your interests in the courtroom. If you plead guilty to a crime you need to understand what rights you are giving up, as well as the impact that a conviction can have on your life. Remember: You do not have to prove your innocence, the government must prove your guilt beyond a reasonable doubt.
- Shapiro & Mack:
n arrest, and subsequent criminal charge, for a DUI or DWI, carries with it exposure to a host of potential punishments; the most serious charge, carries a maximum penalty of three (3) years incarceration and/or a $3000.00 fine. Additionally, if charged with a Maryland DUI or DWI, one can lose his or her privilege to drive for up to one (1) year or more regardless of guilt or innocence. Thus, it is critical, after a DUI arrest and charge, for defendants to be informed of Maryland Vehicular laws and take action immediately.
- O'Connor, Jan:
Maryland DUI (driving under the influence) consequences include a minimum driver's license suspension of 45 days, and punishment of up to $1,000.00 and one year in jail for a first offense DUI, and $2,000.00 and two years in jail for a second offense DUI. A Maryland DUI conviction will result in 12 points on the Maryland Driver's License record.
Maryland DWI (driving while impaired), while a lesser offense to a Maryland DUI (driving under the influence) still has very harsh consequences, including a driver's license suspension of up to 60 days, 8 points on the Maryland Driver's License record, up to $500 and two months in jail for a first offense, and up to $500.00 and one year in jail for a second offense.
Maryland DUI or DWI arrests trigger two separate cases: the administrative driver's license action, where a person's driving privileges may be lost, and the court case, where a variety of DUI punishment and penalties await those convicted of drunk driving in Maryland.
If someone arrested for drunk driving or DUI does not request a hearing on time, their license will be suspended, automatically! For anyone charged with drunk driving, DUI or DWI in Maryland, it is vital to note that persons arrested for DUI have only 10 days from the date of arrest to request a Maryland Motor Vehicle Administration hearing with the Office of Administrative Hearings, located in Hunt Valley, Maryland (Also, don't forget to include a check for $125 made payable to the Maryland State Treasurer).
If you have been arrested for either DUI or DWI, it is highly recommended that you retain competent legal counsel to represent you in order to protect your driving rights in Maryland. Legal courtroom representation can help reduce fines and eliminate jail-time.
- Jordan & Tell:
Driving While Intoxicated is known as a major motor vehicle offense because it is punishable by a period of jail time. If you are convicted of a major offense, then you may be subject to a jail sentence. If you are charged with DWI or DUI, you must appear in court. Unlike minor traffic offenses, you do not have a choice of paying a fine or going to court. If you have been charged with a major offense, you will receive a summons in the mail that will include the date, time and location of the trial. If you fail to appear on a major traffic violation, the judge may issue a warrant for your arrest.
Know your rights if arrested. If you are taken into police custody, you have the right to: be informed of the charges against you and the allowable penalties; obtain a lawyer, including the right to have one appointed if you cannot afford one; have a judge decide whether you should be released from jail until your trial; and remain silent. The police may ask your name, address, and other routine processing questions. Before questioning you about anything else, the police must tell you that you have a right to remain silent; that any statement you make may be used as evidence against you; and that you have a right to speak with a lawyer and, if you wish, to have a lawyer present when you are being questioned. The police must also tell you that a lawyer will be assigned to your case without cost if you cannot afford a lawyer but want to speak to one before questioned. The questioning must stop if you state that you wish to remain silent or request a lawyer. Your silence cannot be used against you. However, what you say, as well as what you write or sign, can be used against you. Unless you actually requested a lawyer, the police may later ask you to speak with them. If you have requested a lawyer instead of merely refusing to answer questions, the police cannot question you further unless you later decide to talk without the benefit of legal counsel.
- Jonathan Smith:
A drunk driving conviction in Maryland carries harsh consequences. Conviction can result in penalties that include loss of a driver's license; large fines and court costs; probation; house arrest; alcohol treatment; and jail time. Repeat offenders are routinely being sent to jail.
When a police officer stops a driver, and has reason to believe the driver has been drinking, the police officer can request an alcohol test (breath test or blood test). If the driver refuses an alcohol test, or if an alcohol test reveals a blood alcohol content (BAC) of .08 or more, the driver's license will be seized or confiscated on the scene, and the driver will be arrested and charged with drunk driving (DUI/DWI). If you have been accused of drunk driving, you need an experienced drunk driving defense attorney to protect you, and to fight for you.
- William Tucker:
A "compact" can be an agreement among states regarding a matter of
mutual interest. As the automobile became more ubiquitous, states
began signing compacts to share information regarding drivers and
traffic violations. The Driver License Compact (DLC) and Nonresident
Violator Compact (NRVC) constitute such agreements and have facilitated
the sharing of driver information to advance highway safety and related
goals.
- Scott Athen:
Being arrested for "Driving While Intoxicated" doesn't have to be a
devastating experience. Even though a suspension or revocation of your
driver's license and being convicted of a DWI can lead to unemployment,
increase or cancellation of auto insurance, jail and loss of
reputation, DWI cases can be successfully defended by an experienced
attorney!
10 Things to Know and Do Within 10 Days of your DUI Arrest
1. If you need to save your driver's license or driving privileges, you
must request a Motor Vehicle Administration Hearing within 10 days of
the Issue Date of the Officer's Certification and Order of Suspension,
if you want a hearing before your license is suspended!
2. All requests for Motor Vehicle Administration (MVA) Hearings must be
made within 30 days of the arrest (request will be INVALID if check for
$125.00 included) You can get a copy of the Hearing Request form Here.
3. The Officer's Certification and Order of Suspension is the white
Maryland MVA paper with red lettering (called the DR-15A in the upper
right hand corner). This paper is your drivers license until your MVA
hearing - carry it with you and care for it as if it is your regular
driver's license!
4. Even if you did not receive this MVA paper, the Maryland MVA will
probably take action against your driving privileges.
5. Even if you have a license from another state, and even if the
officer did not take your license, that state may also take action
against your driving privileges.
6. The Officer's Certification and Order of Suspension is valid for only
45 days from the Issue date.
7. Do not confuse the request for a MVA hearing with your court date!
The MVA and court proceedings are separate and independent. The outcome
of one almost never affects the other. Sometimes the officer or the MVA
confuses or misleads you to believe that the Officer's Certification and
Order of Suspension is good "until the court date". If there are
approximately 45 days from your arrest date to your court date, this may
be a dangerous coincidence. There are usually months before your trial
takes place.
8. There are 3 issues at a hearing if you took a Blood Alcohol
Concentration (BAC) test. The issues are (1.) Whether the officer had
reasonable grounds to believe that the person had been driving under the
influence; (2.) The person either refused to take the BAC test, or the
person submitted to the test which indicated a BAC of 0.08 or more at
the time of testing; and (3.) The person was fully advised of the MVA
sanctions that shall be imposed.
9. The MVA has the burden of proof, and must prevail on all three
issues. If the MVA meets the burden of proof on 2 issues, you win!.
10. If (an attorney) knocks out 1 MVA Hearing issue - you avoid loosing
your license to suspension or revocation! (which may last as long as 3
years!)
- Fuller, Charles
:
DUI / DWI-Traffic violations can have serious criminal consequences,
particularly when a driver is accused of driving under the influence. A
conviction on DUI/DWI charges may result in fines, the revocation or
suspension of your driver's license, and possible jail time. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an impaired driving charge,
you have many rights as a criminal defendant, including the right to
cross-examine the witnesses against you, even if they are police
officers. An experienced criminal defense attorney can make all the
difference in such a difficult case.
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