Maryland DWI & DUI Lawyer

Maryland DUI penalties

Maryland DUI & DWI Lawyer

Drunk driving and alcohol involved arrests are prosecuted to the full extent of the law in Maryland because between 2003 and 2012, 1716 people were killed in crashes involving a drunk driver in Maryland. The Maryland General Assembly, State’s Attorney’s and law enforcement strictly enforce the drunk driving rules and laws in Maryland.

DUI and DWI in Maryland: The FactsDUI Attorney in Essex, MD

DUI and DWI charges are serious in nature and could result in fines, court costs, probation, and even jail time. If you’ve been charged with drunk driving in Maryland, you should consult and retain an experienced DUI and DWI lawyer as soon as possible. Attorney Randolph Rice is a former prosecutor and has been defending individuals charged with drunk driving in Maryland since 2009. Contact him if you’ve been charged with DUI or DWI in Maryland.

DUI Lawyer in Maryland

The Law Offices of Randolph Rice represent clients who’ve been charged with drunk driving throughout Maryland including the following counties:

DUI versus DWI in Maryland

In Maryland, there are two types of drunk driving charges that you can be charged with. They include the more serious DUI, which is an abbreviation for driving under the influence of alcohol. Or you can be charged with driving while impaired, which DWI is the abbreviation for.

The difference between DUI and DWI and Maryland is two parts. The first is the element that must be proven beyond a reasonable doubt. For a DUI, the state must prove that you 1) were operating a motor vehicle and 2) that your blood alcohol content or BAC was .08 or more.

To be convicted of a DWI the state must prove that you were 1) operating or attempting to operate a motor vehicle and 2) the substance in your system impaired your ability to operate that motor vehicle. In addition to the differences in what must be proved in court, the penalties for DUI are stiffer than the penalties for a DWI in Maryland.

DUI and DWI penalties in MarylandDUI Penalties Maryland

In Maryland, there are three variations of the DUI laws that you could be convicted of. Those include driving while under the influence of alcohol, driving while under the influence of alcohol per se, and driving while under the influence of alcohol while transporting a minor. Please see the DUI penalty chart below for the penalties if convicted of a first, second, third or subsequent DUI offense in Maryland.

The DWI laws contain 6 separate sections and individual can be charged with driving while impaired. Those include driving while impaired by alcohol, driving while impaired by alcohol while transporting in minor, driving while impaired by drugs or drugs and alcohol, driving while impaired by drugs or drugs and alcohol while transporting in minor, driving while impaired by controlled dangerous substance, and driving while impaired by controlled dangerous substance while transporting a minor.

Again, review the DUI penalty chart below for the various penalties if convicted of driving while impaired.

Offense1st Offense2nd Offense3rd or Subsequent OffenseMVA Point AssessmentMandatory Penalty
21-902(a)(1) Driving while under the influence of alcoholA fine of not more than $1,000, or imprisonment for not more than 1 year, or bothA fine of not more than $2,000, or imprisonment for not more than 2 years, or bothA fine of not more than $3,000, or imprisonment for not more than 3 years, or both12 PointsA person who is convicted of a violation of 21–902(a) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(a) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(a)(2) Driving while under the influence of alcohol per seA fine of not more than $1,000, or imprisonment for not more than 1 year, or bothA fine of not more than $2,000, or imprisonment for not more than 2 years, or bothA fine of not more than $3,000, or imprisonment for not more than 3 years, or both12 PointsA person who is convicted of a violation of 21–902(a) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(a) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(a)(3) Driving while under the influence of alcohol while transporting a minorA fine of not more than $2,000 or imprisonment for not more than 2 years or bothA fine of not more than $3,000 or imprisonment for not more than 3 years or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both12 PointsA person who is convicted of a violation of 21–902(a) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(a) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(b)(1) Driving while impaired by alcoholA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine not exceeding $500 or imprisonment not exceeding 1 year or bothA fine not exceeding $3,000 or imprisonment not exceeding 3 years or both8 PointsN/A
21-902(b)(2) Driving while impaired by alcohol while transporting a minorA fine of not more than $1,000 or imprisonment for not more than 6 months or bothA fine of not more than $2,000 or imprisonment for not more than 1 year or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both8 PointsN/A
21-902(c)(1) Driving while impaired by drugs or drugs and alcoholA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine not exceeding $500 or imprisonment not exceeding 1 year or bothA fine not exceeding $3,000 or imprisonment not exceeding 3 years or both8 PointsN/A
21-902(c)(3) Driving while impaired by drugs or drugs and alcohol while transporting a minorA fine of not more than $1,000 or imprisonment for not more than 6 months or bothA fine of not more than $2,000 or imprisonment for not more than 1 year or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both8 PointsN/A
21-902(d)(1) Driving while impaired by controlled dangerous substanceA fine of not more than $1,000, or imprisonment for not more than 1 year, or bothA fine of not more than $2,000, or imprisonment for not more than 2 years, or bothA fine of not more than $3,000, or imprisonment for not more than 3 years, or both12 PointsA person who is convicted of a violation of 21–902(d) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(d) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(d)(2) Driving while impaired by controlled dangerous substance while transporting a minorA fine of not more than $2,000 or imprisonment for not more than 2 years or bothA fine of not more than $3,000 or imprisonment for not more than 3 years or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both12 PointsA person who is convicted of a violation of 21–902(d) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(d) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902.1 Driving after arrest for drunk drivingA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine of not more than $500 or imprisonment for not more than 2 months or both8 PointsN/A

How Can a Maryland DUI lawyer help?

charged with a DUI what happens in Maryland
Charged with a DUI What Happens in Maryland

Because a Maryland DUI is so complicated and so technical, it is advisable that you consult with a DUI lawyer to help in your defense. A DUI lawyer can help defend your rights and protect your freedom when appearing before a judge or jury. A DUI lawyer can help prepare mitigation as well as argue any potential technical mistakes made by the police or law enforcement during the DUI investigation. If you’ve been charged with DUI or DWI in Maryland and you need a DUI lawyer help, contact attorney Randolph Rice today to discuss your options and how to proceed in your drunk driving case.

What is the cost of a DUI lawyer?

In Maryland, the typical cost for a first-time DUI lawyer will range between $2,000 and $3,000. However, if your case requires an MVA hearing or there are extenuating facts, like an accident or a high blood alcohol content reading, then the cost may exceed those numbers. A DUI lawyer cost will include all pre-trial investigation and the filing of any required motions or documents with the court as well as the State’s Attorney’s office. In addition, the cost for a DUI lawyer will include trial appearances, motion hearings, and a potential jury trial if required and elected by the client.

How to find a good DUI lawyer?

Best Maryland DUI lawyer attorney Randolph Rice
Best DUI Attorney Randolph Rice

If you’re reading this webpage, you’re probably looking for a good DUI lawyer. Attorney Randolph Rice has been ranked as one of the best DUI lawyers in Maryland and respected among his colleagues as well as the courts and State’s Attorney’s offices. In addition, he is ranked by Super Lawyers as a Maryland Rising Star for over five years as well as an Avvo 10 out of 10 Superb lawyer and he is Lead Counsel Rated.

What are some questions to ask a DUI lawyer?

While most people only experience a DUI or DWI charge one time in their life it may be difficult to understand or determine the questions to ask a DUI lawyer. Here are some of the most common questions you should ask a DUI lawyer if you’re facing drunk driving charges in Maryland.

  • What will happen to my driver’s license and my privilege to drive?
  • Will I be required to participate in the ignition interlock program?
  • Where will my first court appearance be?
  • When will I have to go to court?
  • Can the state prove beyond a reasonable doubt the drunk driving charges?
  • What are the possible consequences when we go to court?
  • Will I be on probation for my DUI and DWI charges?
  • How much will the fines and court costs be in my case?
  • Can I receive a probation before judgment, PBJ, for my DUI case?
  • How long will I be on probation?
  • What will I have to do during the period of probation?

DUI lawyer Baltimore County

Baltimore County is the county that surrounds Baltimore City and is one of the largest by population counties in Maryland. In 2015 there were just over 2,000 DUI and DWI cases filed in Baltimore County. That number was down from 2014 when the county recorded 2,123 DWI’s charged. This number of DUIds is only second to Prince George’s County and Montgomery County for 2015 and 2014.

If you’re charged in Baltimore County, you should consult and retain an experienced DUI lawyer in Baltimore County as soon as possible. The possible consequences of a DUI or DWI conviction could affect your employment, housing and ability to obtain financial aid. Baltimore County DUI lawyer Randolph Rice is experienced in appearing before the judges in the Catonsville District Court, Towson District Court and Essex District Court. He routinely appears in these various court houses on a daily basis for drunk driving clients. He is keenly familiar with the procedures and patterns of the prosecutors and judges in Baltimore County and understands what must be done prior to trial and during trial for a successful outcome for his clients.

Who is the best DUI and DWI lawyers in Maryland?DUI Lawyer Randolph Rice

While there are no ranking systems in place for the best DUI and DWI lawyers in Maryland, attorney Randolph Rice has been ranked by his clients as well as other lawyers as one of the best DUI lawyers in Maryland. He tirelessly works to ensure his clients are protected and their rights are safeguarded against any unlawful prosecution.

What happens to my license after a DUI in Maryland?

If an individual is arrested for drunk driving in Maryland and the police officer has reasonable grounds to believe that they are driving while impaired or driving under the influence, then the police will request that the individuals submit to a blood or breath test. If an individual refuses to take that breath or blood test then the motor vehicle administration may suspend that driver’s license or require them to participate in the ignition interlock program.

If a driver submits to a test and returns a result of .08 and less than .14, the driver may be eligible for a modified or restricted license. If an individual submits to a test and returns a result of .07 or less, there are no administrative penalties, and the driver’s license will not be taken or suspended.

In addition to the initial MVA consequences if a defendant is found guilty, meaning they do not receive a PBJ in court, then the motor vehicle administration will suspend their license or require them to participate in the ignition interlock program. Many clients have questions about requesting an MVA hearing. Each drunk driving arrest is unique and the individual should consult with a Maryland DWI lawyer to determine if they are eligible for an MVA Hearing. In addition, it may not be beneficial to request an MVA hearing and the individual will be required to pay a $150 hearing request fee. That fee may be avoided if an MVA hearing would be futile.

DUI lawyer Near Me

When looking for a DUI lawyer near me you’ll be able to find multiple locations for the Law Offices of Randolph Rice. Below are the various office locations including a Google map for Mr. Rice’s office. He offers free consultations for all DUI and DWI cases, contact the office today to schedule a meeting.

Will I receive points for a DUI conviction?

If a driver receives a PBJ, there will not be any points assessed to that driver’s record. However, if the driver receives a guilty finding then points will be assessed to the driver’s record. If convicted and received a guilty for driving under the influence then 12 points will be assessed to the driver’s record if convicted of driving while impaired under Transportation Article 21-902(B)(1), (B)(2), (C)(1), (C)(3) then the driver will receive 8 points on his driving record. If an individual is found guilty of driving while impaired by controlled dangerous substance then the motor vehicle administration will assess 12 points to the driver’s record.

Mandatory penalties for DUI in Maryland

Maryland DUI Lawyer

In Maryland, if a person who is convicted of Transportation Article 21-902 within five years after a prior conviction is subject to a mandatory minimum penalty jail for not less than five days. If a person is convicted a third or subsequent offense under 21-902(a) within 5 years then that person is subject to a mandatory minimum penalty of 10 days in jail. Mandatory penalties are mandatory, however, it is not uncommon for a judge in Maryland to overlook the mandatory penalties for a drunk driving conviction.

Do I have to take the field sobriety tests?

No, in Maryland you are not required to take the field sobriety tests. Field sobriety test or FST are the tests administered on the roadside by the police officer. They typically include the Horizontal Gaze Nystagmus (HGN), the walk and turn test and the one leg test. These tests are intended to help the police officer establish probable cause to make the arrest. If an individual refuses to take these tests, there are no additional penalties for refusal. However, if an individual refuses to take the tests then they will more likely and not be arrested and taken to the police station to submit to a breath or blood test.

Maryland DWI lawyer

If you’re looking for a Maryland DUI lawyer to assist in your case, contact attorney Randolph Rice today to schedule a free consultation and discuss your options. Drunk driving charges are serious and could result in jail time if the proper precautions are not taken. Even a first offense DUI in Maryland is serious enough to require legal representation at trial.

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