|
Every state makes it a crime to operate a vehicle while impaired by alcohol or drugs. The offense may be called driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI) depending on the state. In Maryland, alcohol related driving arrests typically fall into two categories DUI (driving under the influence) which results if a driver’s blood alcohol level is .08% or higher or DWI if one’s blood alcohol level is .07%.
Field Sobriety and Chemical Test
An officer may stop a driver for any violation of the vehicle code such as excessive or very slow speed, braking erratically, straddling lanes or weaving between lanes. Once an officer has stopped a driver, the officer may use three methods to determine if a driver is impaired. The officer may rely on his direct observations of the driver including the smell of alcohol coming from the vehicle, red and watery eyes, slurred speech and/or poor balance. Based on such observations, the officer may request the driver to perform field sobriety tests. Field sobriety tests are designed to test a driver’s balance, motor skills and cognitive ability. Typical field sobriety tests include the following:
• Walking heel to toe in a straight line
• Standing on one leg
• Reciting the alphabet backwards
• Horizontal gaze nystagmus (eye and penlight) test
If a driver fails one or more of these field sobriety tests, the officer may request the driver submit to a chemical test which measures a person’s blood alcohol level (BAC). A driver’s BAC may be tested by breath, blood or urine testing. BAC is tested by measuring the percentage of alcohol in a person’s blood by weight. A breath test is usually administered at the scene with a machine that the driver blows into called a Breathalyzer. Blood or urine testing is typically performed at a nearby hospital.
All states including Maryland have “implied consent” laws. The theory behind these laws is that if a driver exercises the privilege of driving on a state’s roads, drivers give their consent to DUI chemical testing when a police officer reasonably believes the driver is under the influence of alcohol or drugs. If a driver refuses to submit to chemical testing, the refusal can result in even more harsh license restrictions. Under the Maryland implied consent law, a driver who refuses chemical testing can have their driver’s license suspended for 120 days for the first refusal and 1 year for the second refusal. The driver’s refusal to submit to chemical testing is also admissible under Maryland DUI law as “consciousness of guilt.” In most state’s, a refusal to test can also be used for sentence enhancement if a driver is convicted of DUI.
Prosecution Theories
Maryland DUI is prosecuted under two separate theories. One theory is where the driver’s coordination and actual driving ability is substantially impaired. This theory can be based on the officer’s observations of the driver, observations of his driving or performance in field sobriety tests. This theory of DUI does not depend on the driver’s BAC level.
All states including Maryland also permit DUI conviction based on violation of the state’s “per se” law of driving with a BAC level of .08% or higher. Under this theory, the driver’s BAC alone is sufficient for conviction of DUI. There is no requirement under this theory that the prosecution show any impairment at all. The BAC level is lower in certain situations. If a driver is under 21 in Maryland as well as other states, a zero tolerance policy typically applies. A driver who is under age may have their license suspended or revoked for a much lower blood alcohol level such as .02% in Maryland. Commercial drivers may also be convicted of DUI on a much lower BAC level of .04% under Maryland DUI law.
Penalties
Criminal penalties for DUI may include fines, jail time, probation, driving school, an ignition interlock device and community service. Severity of the penalties varies from state to state and vary according to circumstances. A chart that shows jail time and fines for DUI in Maryland is included below:
First Drunk Driving Conviction
First DUI Conviction
Jail – Up to 1 year
Jail – Up to 2 years (if transporting a minor)
License Suspension – 6 months minimum
Fine – Up to $1000
Fine – Up to $2000 (if transporting a minor)
First DWI Conviction
Jail – Up to 2 months
Jail – Up to 6 months (if transporting a minor)
Fine – Up to $500
Fine – Up to $1000 (if transporting a minor)
Second Drunk Driving Conviction
Second DUI Conviction
Jail – Up to 2 years
Jail – Up to 3 years (if transporting a minor)
Second DWI Conviction
Jail – Up to 1 year
Fine – Up to $500
Fine – Up to $2000 (if transporting a minor)
Third (and Future) Drunk Driving Convictions
Third DUI Conviction
Jail – Up to 3 years
Jail – Up to 4 years (if transporting a minor)
Fine – Up to $3000
Fine – Up to $4000 (if transporting a minor)
The penalties for DUI are very serious including jail time and substantial financial costs under Maryland DUI law. If you are arrested for DUI and need a Maryland DUI lawyer, click here.
|
