Driving with a Blood Alcohol Concentration (BAC) of .08 or greater is a criminal offense throughout the country. A BAC of .08 is the generally accepted reading for intoxication and will result in a DUI charge. A few years ago Maryland revised its laws to allow prosecution of driver's whose BAC was less than .08.
A driver whose BAC is .079 or lower can now be charged with DWI (Driving While Impaired). DWI is considered a lesser charge but the penalties are still severe. Just being cited for DUI or DWI will result in an automatic suspension of your driver's license whether you are convicted or not unless you act quickly. By consulting a Frederick DUI defense attorney you can change your future.
There are two separate cases to be fought in any to a drunk driving arrest, the MVA licensing issues, and the criminal case in the legal system. MVA hearings must be requested within 10 days to prevent the suspension of your driver's license and you must pay a $125 fee. Then you can petition for a hardship license in order to continue driving. In the criminal case the prosecution will use the results of your field sobriety test, blood, breath or urine test, the officer's report and any other available evidence against you.
Refusal to take a breath test can be used against you as proof of guilt. Criminal defense in these cases is complex and often rests on very technical issues since none of the current testing methods is infallible. A skilled DUI defense lawyer scrutinizes every aspect of the traffic stop and the subsequent events to identify the flaws in the prosecution's case to get crucial evidence suppressed, the charges dropped or reduced or the penalties lessened.
A first time DUI involves up to one year in jail, up to 12 points on your driving record and $1000 in fines. For a second offense possible jail time increases to two years and fines of up to $2,000. A DUI lawyer at Law Offices of John R. Discavage, PA is prepared to use every applicable legal defense on your behalf. We offer flexible appointments and payment plans are available if needed. Call for a consultation.
If you are caught up in the DUI process, contact a Frederick DUI defense lawyer with the experience you need to fight for you.