Ingles
Legal
Maryland DWI DUI OWI OUI &
Alcoholic Beverage Consumption or Possession of Open or Unsealed Container
a) DWI
Driving while intoxicated or intoxicated per
se.-
(1) A person may not drive or attempt to drive any vehicle while intoxicated.
(2) A person may not drive or attempt to drive any vehicle while the person
is intoxicated per se.
Driving while impaired by alcohol or DWI can be proven by evidence showing
that the driver's normal coordination was impaired to some extent as a
result of the consumption of alcohol. This offense can be proved by evidence
of a test result of .07 or more, but less than .08. The maximum penalty
is 60 days and $500 for a first offense and one year and $500 for a subsequent
offense. DWI also carries 8 points with the MVA and at a hearing the driver's
license may be suspended.
b) DUI
Driving while under the influence of alcohol.-
A person may not drive or attempt to drive any vehicle while under the
influence of alcohol. The most commonly charged criminal offenses are
driving while under the influence of alcohol and driving while impaired
by alcohol. Driving while under the influence or DUI can be proven by
a test result of .08 or more or by evidence showing that the driver's
normal coordination has been substantially impaired as a result of the
consumption of alcohol. The maximum penalties are 1 year and $1000 for
a first offense, 2 years and $2000 for a second offense, and 3 years and
$3000 for a third offense. DUI also carries 12 points with the MVA and
at a hearing the driver's license may be revoked.
PROBATION
If the driver who has been found guilty of either DUI or DWI has not
had a prior DUI or DWI in Maryland within the previous 5 years, he or
she may be eligible for a probation before judgment or PBJ. When a driver
receives PBJ, they are placed on probation for a specified length of time.
If they follow the court's order without any violations, points are not
assessed and the entry of guilt goes on a segregated record at the MVA
that is not available to the public, but is available to law enforcement
and the courts.
c) Driving while under influence of drugs or
drugs and alcohol.-
(1) A person may not drive or attempt to drive any vehicle while he is
so far under the influence of any drug, any combination of drugs, or a
combination of one or more drugs and alcohol that he cannot drive a vehicle
safely.
(2) It is not a defense to any charge of violating this subsection that
the person charged is or was entitled under the laws of this State to
use the drug, combination of drugs, or combination of one or more drugs
and alcohol, unless the person was unaware that the drug or combination
would make him incapable of safely driving a vehicle.
Driving while under influence of controlled dangerous
substance.
- A person may not drive or attempt to drive any vehicle while he is
under the influence of any controlled dangerous substance, as that term
is defined in Article 27, § 279 of the Code, if the person is not
entitled to use the controlled dangerous substance under the laws of this
State
First appearance in Court on a DUI/DWI/Impaired
Driving charge in Maryland
Your first appearance will be before a Court Commissioner who will set
bail. You will be given a Court Date, usually 60 days from arrest. During
that time you should get an expierenced DWI attorney. He can protect your
rights and give you pre-trial advice, such as filing for an immediate
Motor Vehicle hearing to preserve you driving privileges until trial.
Administrative Law Judge and a District Court
Judge
An administrative law judge hears the case of whether or not you took
the breathalyzer test. That administrative law judge will also hear a
separate case if you are found guilty of DWI or DUI. He can suspend or
revoke your license or issue you a work permit.
A district court judge hears the criminal aspect of your DWI or DUI arrest.
That judge can giver several different punishments to include the following:
probation before judgement (PBJ), a monetary fine, a suspended sentence,
a probationary sentence, house arrest or a jail sentence. If the district
court judge finds you guilty, that will translate into points on your
motor vehicle record. That means you have to go back and see the administrative
law judge again
Generally, you see the administrative law judge about your breathalyzer
test within 60 days of your arrest. The district court hearing normally
follows the administrative hearing and is approximately 90 to 120 days
from the date of
Stopped by a police officer
When stopped by a police officer you are required to provide the officer
with your driver's license, automobile registration and proof of insurance,
when requested. You are not required to answer other questions, especially
questions regarding your sobriety, where you have been or where you are
going. Officers are trained to engage suspects in conversation in order
to monitor their responses. They monitor speech pattern to determine if
there is alcohol on the breath or if the speech is slurred. They record
the appearance of the suspect to see if the suspect is disheveled and
whether they are able to locate their wallet and related paperwork. Your
dialogue with the police officer may be limited by you. A suspect may
lawfully and politely choose not to answer any questions other than those
regarding his identify. If a suspect chooses to answer some questions,
he may choose to do so with brief yes or no answers or a nod of the head.
Police Officers are trained to ask questions which call for a dialogue
between the officer and the suspect, ie. in an attempt obtain incriminating
information. If a suspect chooses not to speak with an officer, the suspect
should politely inform the officer of his decision not to answer questions
at this time and that he wishes to engage his legal right to counsel when
that right becomes available to him.
The important thing to remember is that anything a suspect says or does
in the presence of an officer is potential evidence and will be used against
her in court. At a minimum a suspect should bear this fact in mind and
not engage in a dialogue which clearly will incriminate her at a later
time.
As defendants soon learn, many law enforcement officers do not approach
these serious criminal matters with an open and objective mind. Officers
record information and results of field sobriety tests (FSTs) with the
specific intent to incriminate the suspect and obtain a conviction. Most
officers tend not to record information which may prove to be helpful
to a suspect. Therefore, it is not necessary for a suspects to provide
incriminating dialogue or other evidence which will later be used against
them
Miranda rights
The Miranda rights are information that is read to the Defendant when
he is arrested and taken into custody. These rights are given to the Defendant
so he knows that he does not have to answer questions which will later
be used against him in a court of law. The Miranda rights do not attach
when a driver is first stopped because the driver is not in custody or
arrested at that time. Therefore, anything that is said to an officer
at that time can be used against him. Later, if the driver is arrested
and removed to the station house, the driver should be "Mirandized"
because he is now in police custody. Once in custody, if the officer asks
a question without providing the Defendant Miranda warnings, the response
to the question, if incrimination may be able to be suppressed in court.
A Defendant in custody will also be given/read his administrative rights
to either take the breathalyzer test or to refuse. The penalty for a refusal
is reviewed with the defendant and the defendant must determine what she
wants to do. While it is not a legal requirement at this time, a defendant
may ask to speak with counsel and sometimes an officer may allow that
communication to facilitate the transaction. Typically on a first offense
it is a better decision to take the breathalyzer test because the administrative
penalty outweighs the probable criminal penalty. However for a subsequent
offense, especially a third or more, a defendant may wish to consider
declining the test because the criminal penalties may far out way the
administrative penalty.
Traffic stop
When a police officer stops a suspect for possible DWI, the officer is
trained to look for several "clues" to help him make a determination
regarding the sobriety of the suspect. The clues are largely derived from
the research of the National Highway Traffic Administration (NHTA). The
NHTA prints a manual which law enforcement officers are trained to follow
in alcohol related stops.
A few of the clues include:
Effectuating an improper turn (turns with too large/small a radius)
Repeatedly crossing the double yellow lane
Striking objects on the roadway
Excessive weaving or swerving between lanes, erratic driving
Driving too slow (less than 10mph) below speed limit or too fast (necessitating
a stop)
Stopping in a traffic lane without reason
Following too closely behind the vehicle in front
Braking the vehicle in lane of travel erratically or without cause
Signaling inconsistent with driving actions
Driving with vehicle headlights off
Initially in a traffic stop, an officer is looking for signs of alcohol
use. An officer will engage the suspect in a dialogue in order to monitor
speech pattern and to smell for alcohol. They will note the suspects physical
appearance in the car, any odor of alcohol in the car and any open containers
in the car.
While a suspect always has legal rights (ie. the right not to incriminate
herself by answering questions) which they may choose to exercise, it
is important that a suspect always be polite a courteous to law enforcement
officers. If a suspect chooses not to answer questions or to engage any
field sobriety tests as requested by the officer, the suspect should politely
inform the officer of his decision and allow the officer to determine
how he wishes to proceed. The officer may choose to take the suspect into
custody and transport her to the police station in order to administer
a breathalyzer test. This is a test based on the suspects alcohol content
on her breath. A suspect will blow into a machine and the machine will
determine alcohol content on the breath. The result of this test will
be used against the suspect in court.
If requested by a police officer to take the breathalyzer test (not to
be confused with a preliminary breath test which is given in the field
and is not required by law), Maryland law requires that the suspect take
the test. Technically, a suspect can refuse to take the test if they so
choose but the suspect will face administrative penalties involving the
probable loss of their license for a significant period of time (120 days
for a first refusal and a year for subsequent refusal). A suspect is always
entitled to an Administrative hearing when stopped for an alcohol violation
in order to modify the possible penalty for the offense but a suspect
is reminded that the administrative request for hearing must be filed
timely (generally within 10 days of the offense but in no event later
than 30 days).
Field sobriety tests
Field Sobriety Tests (FSTs) are generally not a good idea. The problem
with FSTs is that they are typically given on the side of the road or
on a nearby parking lot, at night, in the presence of an officer, under
stressful inquisition type circumstances by an individual whose primary
motivation is accumulating evidence to use against the suspect in Court.
The FSTs measure varying levels of physical coordination and the ability
to listen and to follow what the officer is telling the suspect to do.
The tests are not natural, some are open to serious critism and often
times they are not properly explained by the officer. If a suspect chooses
not to engage the FSTs, there is no penalty for that decision but the
suspect is cautioned to be respectful and polite to the officer when making
the decision.
Alcoholic Beverage Consumption or Possession
of Open or Unsealed Container
Expands a prohibition against consumption of an alcoholic beverage while
driving a motor vehicle on a highway to include the driver's consumption
in a motor vehicle that is not being driven; prohibiting a passenger from
possessing an open container containing an alcoholic beverage or consuming
an alcoholic beverage under specified circumstances; providing that specified
violations are civil offenses; providing for the issuance of a specified
citation; providing for the jurisdiction of the District Court for specified
violations; etc. Violations are civil offenses.
A fine of $25 can be charged a passenger violating this law.
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