Annapolis DUI Lawyer
Annapolis, being Maryland’s state capital, contains numerous places to go out and enjoy drinks. If you had a night out on the town and had a few too many, you need an Annapolis DUI lawyer.
Our team can help by providing the defense you deserve. We can help no matter if this is your first offense or had other DUI charges before. Our lawyers can determine if the police had the right to pull you over and followed the proper procedures. Our team can also explain how long your license might be suspended and how you might be able to keep it. When you are charged with driving under the influence, you need a skilled attorney to stand on your side. If you are convicted of a DUI, there will be a continuing impact on your life.
Call Rice Law today at (410) 694-7291 for a free and private review of your case with our DUI lawyers.
Understanding the Penalties for DUI in Annapolis, MD
Under Maryland law, there are five impaired driving offenses. Each of these offenses carries its own penalties under Md. Code, Transp. Art., § 21-902. People can be arrested for driving while under the influence of alcohol or while under the influence of alcohol per se. Under this statute, you can also be charged with DUI for driving while impaired by alcohol, a drug, combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance.
Our DUI lawyers can determine what penalties you might be facing depending on whether this is your first or subsequent offense. You could face significant fines and imprisonment even for a first offense, making your defense even more crucial. If this is your second DUI or more, we can negotiate with the prosecution to potentially avoid the harshest punishments. The following will explain what penalties individuals can face for a DUI arrest and conviction:
First Offenses
Driving while under the influence of alcohol or under the influence of alcohol per se carries a punishment of imprisonment not exceeding one year and/or a fine not exceeding $1,000.
Driving while impaired by alcohol carries a punishment of imprisonment not exceeding two months and/or a fine not to exceed $500.
Driving while impaired by drugs or drugs and alcohol carries a punishment of imprisonment not exceeding two months and/or a fine not to exceed $500.
Driving while impaired by a controlled dangerous substance carries a punishment of imprisonment not to exceed one year and/or a fine not exceeding $1,000.
Second Offenses
Driving while under the influence of alcohol or under the influence of alcohol per se carries a punishment of imprisonment not exceeding two years and/or a fine not exceeding $2,000.
Driving while impaired by alcohol carries a punishment of imprisonment not exceeding one year and/or a fine not to exceed $500.
Driving while impaired by drugs or drugs and alcohol carries a punishment of imprisonment not exceeding one year and/or a fine not to exceed $500.
Driving while impaired by a controlled dangerous substance carries a punishment of imprisonment not to exceed two years and/or a fine not exceeding $2,000.
All of these penalties will have a great impact upon your life. However, the penalties can be even harsher for third or subsequent offenses. The penalties are also often increased if there was a minor in the car at the time. The idea of jail time and large fines is frightening. Don’t let the idea of these punishments loom over you, contact an Annapolis DUI lawyer to talk about how we can help you.
Implied Consent to Chemical Testing
There are also penalties for violating implied consent rules. According to § 16-205.1(a)(2), people driving on state highways and private property used by the public give their implied consent to submit to chemical testing when detained for driving or attempting to drive while under the influence of alcohol, drugs, or any combination of the two. The test could be conducted on a suspect’s blood or breath to determine their BAC levels.
Under § 16-205.1(b)(1), a person arrested for DUI cannot be compelled to take a chemical test but they will still face penalties for refusing, which the detaining officers must advise them of. In most cases, people will have their license automatically suspended for 180 days for refusing to undergo testing. If the accident involved the death of another person, a suspect’s license will be suspended for 270 days for a test refusal in a first offense and suspended for two years for refusing testing in a second or subsequent offense, as per § 16-205.1(b)(1)(i)(5).
License Suspensions
When someone is arrested and tested for DUI, their license will typically be automatically suspended, but the amount of time it will be suspended depends on their BAC results. If a test shows a BAC of 0.08 or greater but less than 0.15, a person’s driver’s license will be suspended for 180 days under § 16-205.1(b)(1)(i)(1), regardless of whether it’s their first, second, or third offense. For BAC results of 0.15 or more, the suspension for first-time offenders is 180 days and 270 days for subsequent offenses, as per § 16-205.1(b)(1)(i)(2).
In cases involving a DUI accident that results in someone’s death, the license suspensions are typically more severe and long lasting. Drivers with a BAC over 0.08 usually face a six-month suspension for the first violation, escalating to one year for a second or more offenses under § 16-205.1(b)(1)(i)(3). If the suspect’s BAC is 0.15 or higher in a deadly accident, their license will be suspended for one year for the first offense. Their driving privileges will be permanently revoked for two or more offenses of this kind, as per § 16-205.1(b)(1)(i)(4).
After testing and confirming your BAC, the police will typically confiscate your license when processing your arrest. However, you will receive a temporary license that will allow you to keep driving for 45 more days while you handle your case, according to § 16-205.1(b)(3)(iv). You should contact our lawyers before the 45 days run out so we can explore ways to fight your license suspension, which is discussed in more detail below.
Understanding DUI vs. DWI in Annapolis, MD
Many people use the terms DUI and DWI interchangeably. But in Maryland DUIs are different from DWIs. To begin, DUI stands for driving under the influence, meanwhile, DWI is driving while impaired.
So, what are the differences? The main difference is that a DUI is typically charged if the blood alcohol content (BAC) is .08 or above. DWIs are normally charged for BACs that are between .04 and .08. This means that DWIs are normally a less harsh charge to receive but can still impact your life nonetheless.
Life Impacts of a DUI Charge or Conviction in Annapolis, MD
When people are charged with or convicted of a DUI or DWI, there can be major effects on their lives. People who have jobs may lose them. People who are looking for jobs may have a more difficult time getting hired. However, people can also be affected in their everyday lives.
Once convicted of impaired driving, there are several administrative penalties that can greatly impede on your everyday activities. Points, an ignition interlock, and even suspension of the license can all be effects of a DUI conviction.
Points added to a person’s license may make insurance impossible to afford. Suspension of a license means that you will not be able to drive for months or even a year. For someone who is accustomed to driving everywhere, a suspended license can mean an impediment to your freedom. Don’t let a DUI conviction change your life. Call Rice, Murtha & Psoras to talk about what we can do to help you.
Students Facing DUI or DWI Charges in Annapolis, MD
Oftentimes students who are charged with a DUI are underage. This means that in order to be charged for impaired driving the BAC only need to be .02. When students are facing DUI charges, there are not only reputational impacts, but can also cause impacts through the school.
If the impaired driving was on campus, then there can also be college disciplinary hearings on top of criminal charges. This can result in academic probation, expulsion from school, or even counseling through the school. When students are facing DUI charges, there can be a lot on the line for the student’s future. That makes an Annapolis DUI lawyer even more important.
DUI Defenses in Annapolis, MD
If you have been accused of DUI, some defenses can be established to negate the possibility of a conviction. The first defense is that there was no probable cause for arrest or the arrest was not by the book. You may be able to challenge the initial stop if the police searched your vehicle and did not have probable cause.
You may also challenge your arrest if no Miranda warnings were given at the time of arrest. If the police violated these requirements, then any evidence, including the DUI, can often be suppressed, leading to the case being dropped.
However, if the police did everything by the law, you may still have a defense. There are affirmative defenses, that claim yes, I broke the law, but I had a good reason to.
These affirmative defenses include entrapment. This means that the police officer required the person to drive under the influence. Another defense may be involuntary intoxication. This defense is where a person claims that they had been intoxicated without their knowledge.
Any type of defense to a drunk driving charge can be difficult to establish in court. Don’t face DUI or DWI charges alone. Have an experienced Annapolis DUI lawyer by your side to help get you the best outcome.
How to Fight a License Suspension After a DUI Arrest in Annapolis, MD
In most cases, offenders will have 45 days to drive under a temporary license after the police confiscated their original ones. During that time, our team can explore a couple ways to preserve your driving privileges. We can request an administrative hearing to fight the suspension or we can help you apply for the Ignition Interlock System Program. This will allow you to stay on the road for work and running errands.
Administrative Hearings
When you are arrested for DUI, the police should give you a copy of the officer’s “Certification and Order of Suspension.” This form will detail information regarding the arrest, the pending license suspension, and whether or not you agreed to chemical testing. The reverse side of your Order of Suspension will have information about requesting an administrative hearing before the Maryland Office of Administrative Hearings (OAH).
You can request a hearing at any point within 30 days from the date of the suspension order to explain why your driver’s license or privileges should not be suspended. However, you must submit your hearing request within 10 days from the order date to ensure that your driving privileges are not suspended before your hearing.
Your hearing request needs to be in writing and mailed to the Office of Administrative Hearings located at 11101 Gilroy Road, Hunt Valley, MD 21031. Remember to send a check or money order for the filing fee of $155.00 made out to the “Maryland State Treasurer.” If you cannot afford the filing fee, our team can help you fill out an applicable fee waiver.
If a hearing is not requested, your driving privileges will be suspended on the 46th day after the Order of Suspension.
The Ignition Interlock Program
You might be able to retain your driving privileges even if your BAC was 0.15 or higher or refused to submit to chemical testing if you agree to the Ignition Interlock Program, as per § 16-404.1(c). In this program, your vehicle will have an ignition interlock installed that prevents you from operating your vehicle if you have a BAC over the legal limit. Our team can review your case to determine your eligibility for the program and get your license back.
Call an Annapolis, MD DUI Lawyer for Help
Being charged with a DUI can cause a lot of confusion for you in your life. You may not know which steps to take next or who to talk to. When you come to Rice, Murtha & Psoras, we walk you through the process and fight for you. We understand that your future is on the line, job prospects, fines, and even your reputation. Do not risk it going to court alone.
Contact Rice Law at (410) 694-7291 for a free, confidential review of your case with our Annapolis DUI Lawyers.