Conviction for the Lesser Offense of DWI in Maryland
In Maryland, you can be convicted of driving while intoxicated/impaired if it can be shown in court that your ability to drive was affected to some extent by the consumption of alcohol or controlled substances. As a general rule, you may be charged with DWI if your blood alcohol level (BAC) is .07 or higher. (A DUI charge, which carries stiffer penalties, requires a BAC of .08 or higher.) You can be charged with a DWI even though your vehicle is not on the road or in motion, provided you are in the vehicle and the ignition is engaged.
Because DWI is considered a lesser offense than driving under the influence (DUI), the penalties are less harsh. For a first conviction, the maximum jail term is two months, and the maximum fine is $500. Prior convictions for DWI or DUI, however, can lead to stiffer sentences. A second conviction can bring a jail sentence of up to a year, and a third conviction can result in five years in prison. You also can face up to $5,000 in fines for a third conviction.
An Experienced Maryland DWI Defense Attorney
Attorney Jonathan Scott Smith has successfully protected the constitutional rights of people across the Baltimore area and throughout Maryland for almost 40 years, including people charged with driving while intoxicated or impaired. He’s been named a Top-Rated Lawyer by American Lawyer Magazine, as well as a Maryland SuperLawyer. His fellow attorneys have consistently given him an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System). He has a 5-star average rating (the highest possible) for all client reviews with AVVO, earning him the prestigious Client’s Choice Award. He also has a perfect 10.0 (Superb) AVVO rating as a litigator.
Attorney Smith will work hard to gather and preserve evidence in your defense, so he can present the most persuasive arguments for your acquittal. He will be at your side throughout a criminal prosecution, from investigation and arraignment to trial, if necessary. He brings extensive trial experience to every case he handles and will make every effort to protect your rights before a judge and jury.
Experienced Carroll County Criminal Defense Lawyer
Contact Maryland criminal defense attorney Jonathan Scott Smith by email or call us at 410-740-0101 to set up an appointment. We handle DUI defense in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.
Under Maryland law, you can be charged with and convicted of DUI (driving under the influence) if there’s evidence that your blood alcohol content exceeded .08%, or that you were substantially impaired by alcohol or a controlled substance. The car doesn’t need to be in motion for you to be charged with a 
As a general rule, you cannot be subjected to a search or seizure without a warrant, as set forth in the 4th Amendment to the U.S. Constitution. There are, however, certain situations where a police officer may do just that, provided there are reasonable grounds to believe that a law has been or is being violated. One such situation occurs when a police officer reasonably suspects a person of driving while impaired by alcohol or drugs.
Though Maryland has “decriminalized” the possession of marijuana, the state still takes a strong stance against the possession of so-called “hard drugs,” such as heroin and methamphetamines. Possession of small amounts of marijuana (less than 10 grams) is now a civil offense, rather than a criminal offense, and is treated much like a moving violation. The possession of other illegal drugs, however, can result in significant fines and incarceration.
The Maryland Department of Motor Vehicle Administration (MVA) has the legal authority to temporarily suspend your driving privileges for a number of reasons:
In Maryland, as in all states, the possession of certain controlled substances is a violation of the law. That includes not only “street drugs,” such as marijuana, meth, cocaine, and heroin, but also prescription medication. Maryland has decriminalized possession of small amounts of marijuana, treating the offense like a moving violation. Accordingly, marijuana is no longer classified as a controlled dangerous substance under Maryland law.
Do you need to take legal action to limit another person’s contact with you? In the state of Maryland, you can obtain a protective order through either the District Court or Circuit Court in the county where you live. Before a court will issue such an order, you must show how you might be subjected to abuse by the restrainee. That requirement can be met by showing one or more of the following:
Maybe you forgot to renew your driver’s license, or you had an unpaid ticket that caused your driving privileges to be suspended. Then you get pulled over—it’s not really a big deal, is it? Can’t you just explain what happened to the officer and go directly to the license office and reestablish your right to drive? Not necessarily—a ticket for driving on a suspended license can lead to significant penalties, including fines and even jail time.
A 60-year-old Edgewood woman has been arrested and charged with three counts of1st degree murder, two counts of attempted first degree murder and first degree arson after three people died in a fire at a home on the 1800 block of Simons Court in Edgewood. Two residents survived the fire, but one sustained burns to 70% of herbody. Police say they found evidence shortly after the May 9 fire suggesting that it was intentionally set, but needed to conduct further investigation. The suspect was arrested and formally charged in July.
In 2018, Baltimore registered more than 300 murders for the fourth consecutive year, but the 300th did not occur until December 20. The city is well ahead of that pace this year, with police recording the 300th homicide on November 14.The number of non-fatal shootings in the city is also up, with more than 700 reported as of mid-November. The city has seen as many as 342 homicides—in both 2015 and 2017.
