www.charlesjeromeware.com "Here to make a difference."
For an initial free consultation, call the Law Offices of Charles Jerome Ware, LLC at (410) 720-6129 or (410) 730-5016. We can help you. Among other awards, premier defense attorney Charles Ware is rated as one of Maryland's "Top Lawyers"; one of the
"BEST 10 DUI and DWI Attorneys in Maryland"; one of the "Best Attorneys of America"; and a recipient of the national "Charles Hamilton Houston Award for Outstanding Litigation."
Driving under the influence of alcohol (DUI), or "drunk driving", is probably the most commonly committed crime in the United States. Yet, it is most frequently committed by noncriminals --- in other words, by the otherwise respectable citizen who has never been in trouble before with the law.
Increasingly, though, DUI laws and law enforcement have become more harsh towards drunk drivers.
Though probably among the most common of all offenses, drunk driving is one of the most complex to understand and defend properly. The personal and professional stakes are high; and a unique system of legal standards and procedures exists in drunk driving cases that, quite frankly. is geared to facilitate a conviction against the accused.
The key Blood Alcohol Concentration (BAC) that meets just about all state standards, including Maryland, for a DUI charge is 0.08 % or higher. For the lesser DWI (Driving While Intoxicated) charge in Maryland, the standard BAC is between 0.04 % and 0.08 %.
A first-offense DUI in Maryland carries a maximum jail sentence up to 1 year; fines and penalties up to $1,000; and a minimum MVA drivers license suspension of 6 months. A first-offense DWI in Maryland carries a maximum jail sentence up to 2 months; fines and penalties up to $500; and a minimum license suspension up to 6 months. Obviously, the penalties increase with 2nd and 3rd, etc., convictions.
The more common defenses against drunk driving charges involve challenging the police officers' actions and observations of what happened prior to the DUI arrest, or challenging the admissibility and integrity of the evidence. Popular DUI defenses include: improper police stop of the driver; improper and inaccurate administration of the field sobriety tests; improper and inaccurate administration of the breathalyzer tests; improper and inaccurate administration of the blood tests and their chain of custody; improper police actions which violated the defendant's civil rights; etc.
Some affirmative DUI defenses may include : necessity; duress; entrapment; mistake of fact; involuntary intoxication, etc.
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