Understanding DUI and DWI charges in Maryland is paramount, especially if you find yourself or a loved one facing such allegations. These offenses can not only tarnish one’s reputation but also carry substantial penalties. In this blog, we delve deep into the distinctions between the two charges and the consequences of each in Chestertown, MD.
What is a DUI?
In Maryland, there are two primary categories of alcohol-related driving offenses. The more severe is classified under the §21-902(a) statute as a DUI (Driving Under the Influence). There are several variations to this offense:
DUI Per Se
Occurs when a driver is pulled over and fails the initial test(s). If subsequently taken back to the police barracks and the individual submits a breath alcohol concentration sample that yields a result over the legal limit of 0.08, it’s termed ‘per se’. This means that the test result by itself suffices to show the driver’s intoxication level. This charge is the highest level DUI offense in Maryland and carries a penalty of a year in jail and a thousand-dollar fine for the first offense.
General DUI
This is when a driver is pulled over for erratic driving, and after failing the field sobriety tests —possibly without providing a breath sample at the barracks — is deemed intoxicated. Here, the totality of the circumstances is presented in court, which could find the driver intoxicated enough to categorize it as a §21-902(a) DUI.
What is a DWI?
The second category under the §21-902(b) statute is a DWI (Driving While Impaired). This is a lesser offense compared to DUI but still has its consequences. With a DWI, drivers are likely to have been pulled over, performed marginally on the field sobriety tests, and might not have submitted a breath sample post-arrest. When prosecuting a DWI, the evidence relies primarily on the roadside test to demonstrate the driver’s impairment. The charges, though less severe than a DUI, can still be proven beyond a reasonable doubt through witness testimonies, police officer statements, and other credentials.
Consequences of a DUI and DWI
What are the consequences if you’re convicted of a DUI or a DWI?
DUI
For first-time offenders in Chestertown, the consequences include a year in jail and a fine of $1000. For repeat offenders, the penalties can escalate to two to three years in jail, contingent on the number of previous offenses.
DWI
This typically carries a standard sentence of 60 days in jail and a $500 fine.
It’s crucial to note that if convicted of these offenses, a competent Chestertown DUI lawyer will always strive to mitigate the sentence, pushing for probation or a substantially reduced fine.
Protecting Your Rights
If faced with DUI or DWI charges, it’s imperative to act promptly and secure representation. Archey Law is your local, experienced Chestertown MD DUI Lawyer, dedicated to safeguarding your rights and ensuring you receive the best possible outcome.
Remember, knowledge is power. Knowing what you’re up against and having a seasoned professional by your side can make all the difference. Stay safe, drive responsibly, and know who to call if you need assistance.
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