Thursday, September 11, 2014

MONTGOMERY COUNTY, MD UNDERAGE DUI & DWI: "U.S. SUPER LAWYER," MARYLAND "BEST 10" ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."  We can help you.

Premier Maryland defense attorney Charles Ware, among his numerous other awards and accomplishments including, inter alia, "U.S. SUPER LAWYER," "TOP LAWYER IN MARYLAND" and recipient of the prestigious national "Charles Hamilton Houston Award for Outstanding Trial Advocacy," is also ranked and recognized by his many satisfied clients as well as his legal peers as one of the State of Maryland's "BEST 10" DUI and DWI Attorneys; as researched, surveyed and confirmed by AIDUIA (the American Institute of DUI and DWI Attorneys).

By law, Maryland's drinking age is 21.  Therefore, alcohol consumption by anyone under age 21 in Maryland is illegal.

The exceptions to this law are: if the person is drinking on private, non-alcohol-selling premises, with consent of a legal guardian -- such as, for example, with the legal guardian's permission at a party or for religious purposes like drinking wine with or in a religious ceremony.

Otherwise, the laws are strict since, inter alia, underage alcohol drinkers cause a disproportionate number of alcohol-related car accidents.  Nearly one-third of all alcohol-impaired drivers killed in crashes in Maryland generally are under the age of 24.

[see, http://www.drivinglaws.org/teen/maryteen.php; http://dui.drivinglaws.org/resources/dui-and-dwi/dui-laws-state/maryland-underage-dui.htm/Rich Stim Esquire/law-authors/Richard-stim.html]

I. WHAT IS UNDERAGE DUI (DRIVING UNDER INFLUENCE) IN MARYLAND

It is when the underage driver (under age 21) registers a blood alcohol content or concentration (BAC) of 0.02% or higher.  By the way, for those drivers who register on the standard chemical test a BAC of at least 0.08%, and who are age 21 and older, they can be cited for DUI.

II. What are the penalties?

A. If First Drunk Driving Conviction: imprisonment (up to 2 months), fine ($500 or $1,000 if minor is present), license suspension (6 months)(more information: First Offense DUI in Maryland).
B. If Second Drunk Driving Conviction within 5 Years: imprisonment (Up to 1 year jail) fine ($500 up to $2,000) license suspension (1 year). (More Information: Second Offense DUI in Maryland.)
C. What if you refuse the chemical test? Read about Maryland implied consent laws.

III. What other charges?

In addition to driving under the influence, an underage drinker may be charged with any of the following:
  • distributing alcohol to other minors (were there underage drunk passengers?),
  • minor in possession,
  • soliciting alcohol,
  • child endangerment law violations,
  • possession of false identification (was a fake id used to purchase alcohol?), and
  • moving and vehicle maintenance violations (what else did the arresting officer see?).

IV. What happens to insurance?

Some insurance companies may terminate a policy after an underage DUI (while others refuse to renew). Most companies simply raise the cost of the monthly premium by $100 to $200 (sometimes higher) for a higher risk policy. The raise usually stays in place for three to five years. You’ll also probably need to furnish the DMV with an SR-22 certificate to reinstate a license after suspension (as proof of insurability). Most insurance companies furnish this form to the DMV. Check with your insurer to see if it performs this service.

[see, "Underage Drinking," The Baltimore Sun; 2012 and 2014; §6.0.1 - "The Physiology of Intoxications," pp. 544-553, Drunk Driving Defense, 3d Ed., by Lawrence Taylor, J.D.; "The Role of the Drinking Driver in Traffic Accidents," by R.F. Borkenstein, et al., Indiana University (1964)]

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