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Andrews, Bongar, Starkey & Clagett: Waldorf, Maryland Attorneys

DUI and DWI: What You Need to Know

In Maryland, Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are the two ways you can be charged with what is commonly known as drunk driving. Being charged with an alcohol related offense is a serious matter and can leave you with a permanent criminal record and a big black mark on your driving record. You can also lose your license to drive. This can have disastrous effects on your ability to get a security clearance or obtain and keep a job.

No one should attempt to handle a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) on their own. You need a Maryland DUI lawyer or Maryland DWI lawyer to help you through this process. The fee you would pay a lawyer to assist you is minimal compared to the economic and other costs associated with a poorly handled DUI or DWI citation. Most importantly, a poorly handled defense could result in large fines and unnecessary jail time, and leave you with a criminal record that may have been avoided.

Please read both free legal information articles we have here regarding DWI and DUI charges. One explains the criminal process that will occur in Court. But that is only half the battle. The other article explains the process to save your driver's license at the Motor Vehicle Administration. You have very tight time limits to request a hearing with the MVA and you should do so immediately.

Your Criminal Court Case

Anyone charged in Maryland with Driving Under the Influence of alcohol (DUI) or Driving While Intoxicated (DWI) will be required to appear in court, in person. Driving under the influence of alcohol and driving while impaired are misdemeanor crimes. If you are convicted of either one, you will have a permanent criminal record.

Driving Under the Influence (DUI) is the more serious of the two offenses. In this offense, the state is required to prove that the alcohol that the person has consumed has substantially impaired the person's normal coordination. By contrast, Driving While Impaired (DWI) requires that the alcohol the person has consumed has impaired normal coordination to some extent.

Whether you are subject to a DUI or DWI depends on the amount of alcohol in your blood. Everyone is familiar with the blood alcohol test. Here is what it means in a DUI or DWI case:

• If you have 0.10% or more Blood Alcohol by Weight. If the court or jury determines that your blood alcohol exceeded 0.10% at the time of testing, you are presumed to be intoxicated and driving under the influence of alcohol (DUI).

• 0.07% through 0.09% Blood Alcohol by Weight. If the court or jury determines that your blood alcohol falls within this range, it can consider the blood-alcohol level in determining whether you were intoxicated. The judge or jury may, but is not required to, find the defendant was driving under the influence of alcohol (DUI) based on a blood alcohol level between 0.07% and 0.09%.

• Greater than 0.05% but Less Than 0.07% Blood Alcohol by Weight. If the court or jury determines that your alcohol level falls within this range, it may consider the test along with all other evidence in determining whether you were driving while intoxicated (DWI) or driving under the influence (DUI) of alcohol. However, the test result alone is not enough to permit the court or jury to determine whether you were intoxicated (DWI) or under the influence (DUI) of alcohol.

• .05 or Less Blood Alcohol by Weight. If the court or jury determines that a the time of testing, the defendant's blood alcohol level was .05% or less, by weight, it must assume that the defendant was not intoxicated or under the influence. The State can only secure a conviction if it presents evidence which overcomes this assumption and that the court or jury finds beyond a reasonable doubt that the defendant was driving under the influence or while intoxicated.

The possible penalties for alcohol related offense range from a $500 fine and two (2) months in jail for Driving While Intoxicated (DWI), to as much as $4,000 in fines and four (4) years in jail for Driving Under the Influence (DUI) for multiple time offenders.

If you are charged with Driving While Intoxicated (DWI) or Driving Under the Influence (DUI) or another alcohol related traffic offense in Maryland, you should contact an attorney who is familiar with the ins-and-outs of the traffic laws, and who is familiar with the state's attorney's office in the jurisdiction which you have been charged.

Resolving Your Case

There are three basic ways in which most DUI, DWI, and other serious traffic offenses in Maryland are resolved:

Trial:  When you are charged with any serious traffic offense in Maryland, including a DUI or DWI, you have the right to a trial in front of a Judge or Jury. The state bears the burden of proof on each element of the offense for which you have been charged. In most traffic violations, there are several things that the state has to prove in order to secure a conviction. If they cannot prove any one of them, they may fail to get a conviction, and could even decide not to prosecute the case.

Even if the state can prove all of their elements, you may have a valid legal defense to the charges. An attorney can tell you if your defense is a good one. You will get a chance to present that defense and let the Judge or Jury act as the trier of fact to determine the facts of your particular case. The Judge or Jury will then render a verdict for or against you.

If you hire Andrews, Bongar, Starkey & Clagett to represent you for your Maryland DWI or DUI case, we will evaluate the unique facts of your case, conduct pretrial discovery where allowed, and evaluate the evidence in each individual case. Where there is a likelihood of securing an acquittal, we will discuss the trial option with you and help you to reach a decision as to whether to go to trial.

Plea Agreement: This is the most common way most serious traffic offenses in Maryland, including DUI and DWI, are resolved. When the state and the defendant enter into a plea agreement, the state generally dismisses some or all of the most serious offenses with which the defendant has been charged. In exchange, the defendant makes an admission of guilt to a less serious charge. The state offers the plea because it eliminates the need to have a trial and the plea benefits the defendant because it reduces the degree of punishment to which the defendant is exposed. Often, the possibility of jail can be eliminated through a plea agreement, depending on the severity of the charge and the defendant's previous record.

The objective of a plea agreement is sometimes to obtain a probation before judgment if possible. A probation before judgment occurs when the court puts the defendant on probation without the necessity of a trial or a finding of guilt. It is important to note that under Maryland law, you may only receive one probation before judgment in any given ten year period for an alcohol-related driving offense.

If you receive a probation before judgment in Maryland, you have not been convicted of any crime. You can honestly state on a job application that you have no criminal record, even if you have received a probation before judgment. A probation before judgment is a very favorable outcome for any Maryland criminal case.

Generally, the judge will condition a probation before judgment on performing several things, including community service or paying a fine. They essentially make you buy the probation before judgment by performing some sort of punishment. But this is almost always a good bargain if you escape jail and/or a permanent criminal record related to a DUI or DWI.

Stet Docket: This is another common way in which serious traffic offenses can be resolved. It is not commonly used for DUI or DWI cases, but sometimes used for other serious traffic matters. A case may be placed on the Stet Docket at the request of the State, with the consent of the defendant. The Stet Docket is simply a fancy name for making the case inactive. By placing the case on the stet docket, the case is essentially treated like an indefinite postponement. You do not have a conviction on your record and you can usually get the charges expunged three years after they are placed on the stet docket.  Of course, you have to keep a clean record for those three years. The Stet Docket is always hanging over your head if you get in trouble again. The State can bring back the charges at any time in those three years.

How An Attorney Can Help

Free Consultation:  At Andrews, Bongar, Starkey & Clagett, all consultations for all Maryland criminal matters, including Driving Under the Influence (DUI) and Driving While Intoxicated (DWI), are free of charge. You have nothing to lose by coming in and discussing your matter with one of our attorneys. At the very least, you need to find out your rights, and how the particular facts of your individual case affect the possible outcomes.

Experience: Our attorneys regularly handle Maryland Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) cases and have years of experience in this area of law. Because of our experience we are familiar with what local judges look to in resolving traffic offenses and can mitigate sentencing and collateral consequences of a DUI or DWI. Local State's Attorneys and Assistant State's Attorneys know our reputation well and this has allowed us to secure plea agreements that reduce and sometime eliminate the risk and length of jail that our clients are facing, reduce and sometimes eliminate points against their motor vehicle record and reduce the fines imposed by the State.

When you hire us to represent you in a Maryland DWI or DUI case, we will meet with you and have a thorough discussion regarding the facts and circumstances of your particular case. We will gather information to make a determination as to whether you have been properly charged with a crime and whether the evidence supports those charges. We will then conduct discovery in which we obtain information from the State's Attorney to find out what evidence will be offered at trial and whether there is exculpatory evidence (evidence that helps your case) that is helpful to you which can be presented at trial.

After reviewing the evidence, we can make an accurate assessment of your Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) case. We will then engage in negotiations with the State's Attorney and seek a reduction in the charges which you are facing. At the same time, we look for possible defects in the state's case and help you to make a decision as to whether you should have a trial or accept a plea agreement.

If you decide to accept a plea agreement, we negotiate directly with the Office of the State's Attorney to seek a reduction in charges and to obtain the best possible deal for you. By engaging in negotiation with the State's Attorney, we are almost always able to obtain a significant reduction in the severity of the charges which you are facing.

If you hire us to represent you on your Maryland DUI or DWI or other serious traffic case, we will work diligently to obtain the best possible result for your case, whether that requires a plea agreement, a trial, or reaching an agreement to have the charges placed on the stet docket.

Everyone's case is unique. If you have been charged with a DWI, DUI or other serious traffic offense in Maryland, you should speak to a lawyer who is experienced in this area as soon as possible after you are stopped. Your actions prior to court can have a big impact on what happens when you go to court. This is one area of law you definitely do not want to try and handle on your own.

Call us today for a free telephone or in person consultation regarding your case.

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