I am charged with my first offense DUI in Maryland, what should I expect? A first offense DUI in Maryland begins both an administrative process and a criminal process and can result in administrative penalties and criminal penalties.
First Offense DUI in Maryland
If you’ve been charged with DUI in Maryland, contact attorney Randolph Rice at 410-288-2900 or email his office for immediate legal help.
Administrative penalties refers to the consequences for your privilege to driver or your driver’s license in Maryland. The MVA issues the privilege to drive in Maryland. If a driver violates one of the transportation articles, then the MVA impose sanctions against the driver’s license to drive.
If you are pulled over and suspected of drinking, then the police officer has the right to ask you submit to a blood alcohol test. This is not the tests they ask you to perform at the scene of the stop, also known as Field Sobriety Tests. This is the test they administrator at the police station where they have you blow into a machine.
If you take the test, and you don’t have to the take the breath test, and you submit a result of alcohol, there can be administrative penalties.
If you take the test and the result is:
less than 0.08 then there will be no administrative penalties unless you are under 21 at the time of the offense.
at least 0.08 but less then 0.15, then your license will be suspended for 45 days for a first time DUI in Maryland. You may be eligible for a restricted license. Allowing you to drive to and from work and school.
0.15 or more, then your license will be suspended for 90 days for a first time DUI in Maryland. You may elect to accept the 90 day suspension and not drive or participate in the Ignition Interlock program through the MVA.
If you do not take the breath test:
You privilege to drive will be suspended for 120 days or you can elect to participate in the Ignition Interlock program.
Before you make a decision as to electing a MVA hearing or electing the Ignition Interlock program, speak with Attorney Randolph Rice. You may have an issue that can be argued at the MVA hearing that may preclude you from these sanctions.
You will eventually receive a trial date for your DUI charges in Maryland. This will start in the District Court for the jurisdiction where you were stopped. The criminal penalties can range from a Probation Before Judgment (PBJ) to a Guilty. For most first time DUI offenders in Maryland, the cases are resolved with a PBJ, but only after the person charged completes a number of tasks before Court. You want to hire a lawyer to advice you the best course of action after your DUI.
Randolph Rice Speaks on DUI in Maryland
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