Bel Air DUI Defense Lawyer
Drinking and driving are not illegal, but drinking too much and driving is illegal. If you have been charged with DUI or DWI, contact our lawyers today for immediate legal help and representation.
Attorney Randolph Rice has represented thousands of clients charged with driving while under the influence and driving while impaired. Let his experience in the Courtroom go to work for you. Our team can review whether the police’s traffic stop was legal, whether the proper procedures were followed while taking tests, and determine if you were mischarged under the law. We will devise defense strategies and negotiate with the prosecution so that your rights are protected throughout the case.
Contact Rice Law at (410) 431-0911 to schedule a free DUI consultation today.
Finding a Bel Air, MD DUI Lawyer
DUI/DWI is one of the most common offenses in Bel Air, Maryland. According to the Maryland Judiciary, in 2015 there were 882 DUI/DWI cases in Harford County. Harford County, with a population of 244,826 in 2010, saw a significant number of DUI/DWI arrests per capita compared to other jurisdictions.
Finding the right DUI defense lawyer can be tough, with so many choices. Clients that choose attorney Randolph Rice find that he is always there to fight for their rights and protect their freedom in court.
Bel Air, MD DUI Lawyer FAQ
When choosing a defense lawyer, one should look for experience in the Courtroom. Mr. Rice has tried cases in both the District Court for Harford County and the Circuit Court for Harford County. He strives to protect his client’s privilege to drive and freedom, always considering collateral consequences in each DUI/DWI case.
What is DUI/DWI in Bel Air, MD?
DUI and DWI are often used synonymously but have two different meanings as traffic offenses. In Maryland law, DUI is the abbreviation for “driving under the influence,” which generally refers to people driving under the influence of alcohol, according to Md. Code, Transp. Art., § 21-902(a)(1)(i). Whereas DWI stands for “driving while impaired,” which is charged when someone is driving while impaired by any drug, whether it is a legal or illegal substance, or a combination of drugs or alcohol and drugs, as per § 21-902(c)(1)(i) and § 21-902(d)(1)(i). Still, a driver can be charged with both DUI and DWI at the same time in the event the State cannot prove the more serious DUI pursuant to § 21-902(b)(1)(i). They can always argue that the driver was impaired at the time of the stop.
A DUI/DWI case starts in the District Court for Harford County. If a driver is charged with DUI or any offense that carries a penalty of more than 90 days. That driver has a right to a jury trial. Attorney Randolph Rice can advise if a jury trial is right for your case.
Penalties for DUI/DWI in Bel Air, MD and Harford County
The penalty for DUI/DWI in Bel Air can range from Probation Before Judgment (PBJ) to a guilty finding and jail time. Penalties will depend on whether a person is being charged with DUI or DWI, as the former carries more significant consequences than the latter. The punishment can be more severe if a defendant has prior DUI/DWI convictions, was impaired by drugs without a prescription, or if children were in the vehicle at the time of arrest.
Penalties for First-Time DUI/DWI Convictions
If convicted of a first-time DUI, the maximum penalty is one year in jail, a $1,200 fine, or both under § 21-902(a)(1)(iii)(1). Whereas a DWI conviction for the first drunk driving offense can land a defendant in jail for 60 days, result in fines up to $500, or both, according to § 21-902(b)(1)(ii)(1).
A person driving while impaired by drugs can face one or both penalties of up to two months in jail and a maximum $500 fine, as per § 21-902(c)(1)(ii)(1). If the person was not entitled to use the controlled substance, meaning it was outright illegal or they lacked a valid prescription, penalties for a first offense can increase to up to one year imprisonment, a fine of not more than $1,200, or both under § 21-902(d)(1)(ii)(1).
First-time penalties will be more severe if a person was driving under the influence or while impaired and transporting a minor. The first offense for DUI while transporting a child can be punished with a maximum two-year prison sentence, up to a $2,000 fine, or both pursuant to § 21-902(a)(2)(ii)(1). For alcohol and drug DWIs involving a minor, the penalties include up to one year of imprisonment, fines not to exceed $1,200, or both, according to § 21-902(b)(2)(ii)(1) and § 21-902(c)(2)(ii)(1). Someone who is unentitled to be on a controlled substance when driving a minor can receive penalties matching those for transporting a minor during a DUI offense, as per § 21-902(d)(2)(ii)(1).
In addition to the court penalties, a driver stopped and arrested for DUI or DWI could face administrative penalties by the MVA. If a driver refuses to take a breath test or elects to take a test and provides a sample of 0.08 or higher, the MVA could impose a suspension or require ignition interlock.
If a driver receives a guilty finding, the Court will notify the MVA and points will be assessed against the driver’s record. This could lead to additional ignition interlock, suspension, or revocation.
Penalties for Subsequent DUI/DWI Convictions
For a second DUI offense, a conviction can lead to up to two years in prison, a fine capped at $2,400, or both under § 21-902(a)(1)(iii)(2).
Subsequent DWIs for alcohol or drugs are punishable by both or either one year imprisonment or a fine up to $500, according to § 21-902(b)(1)(ii)(2) and § 21-902(c)(1)(ii)(2).
If a person is again convicted of DWI while not entitled to use a controlled substance, penalties increase to a maximum two-year prison term, up to $2,400 in fines, or both, as per § 21-902(d)(1)(ii)(2).
Click here to read more about DUI/DWI penalties in Maryland.
What Are My Rights After a DUI/DWI in Bel Air, MD?
If a driver is stopped and suspected of DUI or DWI, the police officer will request the driver perform Field Sobriety Tests (“FST”). If the driver fails or performs poorly on those tests, then the officer will arrest the driver and take them to the police station for further testing.
A person suspected of DUI/DWI is not required to take any tests before being arrested. That includes the FST, the breath test, or the blood sample. However, if the person refuses to submit to test requests after being arrested on suspicion of DUI/DWI, then the MVA will sanction the driver for that refusal.
In addition, a driver is not required to take the FST. There are no administrative penalties for refusing to that the FST, however, the officer will more likely than not arrest the suspect for DUI and DWI.
How Many MVA Points for a Bel Air, MD DUI/DWI?
If a person receives a PBJ, then the MVA will not assess points to that driver’s record. However, if the driver receives a finding of guilty, then the MVA will assess points. If convicted of DUI or a DWI with a controlled substance, 12 points will be applied. For other DWIs, eight points will usually be assessed. Too many points on your driving record can lead to a suspension, revocation or requirement to participate in the Ignition Interlock (“II”) program. The II program required drivers to install, through an approved provider, a device in their car. This device is connected to the vehicle’s ignition system. The II device will require the driver to blow into the machine once the car is started. In addition, the driver must blow into the device as the car is driving about every 15 minutes.
Evidence Used in a Bel Air, MD DUI/DWI Case
Several pieces of evidence are important when defending a DUI/DWI case in Bel Air. Tests, like field sobriety tests and chemical testing, serve as the basis for a DUI/DWI charge, so our team will review this evidence carefully to determine if there are flaws we can attack, such as the stop being illegal, and the evidence of the tests should be excluded. Our team can also recover police reports and review them for mistakes made by the police during and after your stop.
Field Sobriety Tests
If you are stopped by the police for DUI/DWI, it is likely that the field sobriety test is recorded on video by the officer’s dashboard or body camera. As mentioned, this video evidence can be obtained by our attorneys during the discovery phase.
During the stop, the officer will likely ask you to take a field sobriety test, which usually includes various methods to evaluate your balance, speech, and eye movements. These assessments can be deliberately confusing and cause you to fail if the police give the test incorrectly.
Our team can review how the test was given and if the instructions were designed to throw you off. You might also have failed the field sobriety test because of a physical condition or medication you were taking. Our team can help show that the results of the field sobriety test are unreliable.
Chemical Tests
In most cases, the police will request that you submit to chemical tests after being arrested for DUI/DWI. This typically involves testing a suspect’s breath or blood for their BAC levels. However, these tests must be conducted by authorized personnel and results must be handled by the state and police in a way that ensures that the chain of custody has not been broken. If there are issues with the way your chemical tests were done or taken after an illegal stop, our team might be able to keep the prosecution from using the results as evidence against you, greatly weakening their case.
Police Reports
Police reports are also crucial pieces of evidence used in DUI/DWI cases. The police must have had at least a reasonable suspicion that you were committing a crime or DUI/DWI to stop you. The reasons justifying your stop should be described in the police report. If the report lacks details or no good justification is given to justify the stop, our team can argue it was illegal and any evidence gathered after should be excluded from the case.
Who is the Best Bel Air, MD DUI Lawyer?
There is no standard system providing the best defense lawyer. But, Rice Law has been recognized by Super Lawyers, Avvo 10 out of 10 Superb Lawyer, and Lead Counsel Rated. Mr. Rice has received numerous awards for his work in Maryland DUI Law. He is respected by the Judges and State’s Attorneys that prosecute DUI and DWI cases in Bel Air and Harford County, Maryland.
Contact Our DUI Defense Lawyers in Bel Air, MD Today for Help Protecting Your Rights
If you have been charged with a DUI/DWI, contact Rice Law at (410) 431-0911 to schedule a free case consultation with our DUI defense attorneys.