Is Ignition Interlock Mandatory for a Maryland DWI?

Must a Judge Order the One-Year Interlock for the Lesser Offense?

is-ignition-interlock-mandatory-for-a-maryland-dwiIn Maryland, unlike many states, the terms DUI and DWI are not interchangeable. Driving under the influence (DUI) typically requires a blood alcohol content of .08 or higher, whereas the lesser offense of driving while impaired (DWI) can be charged if a person’s BAC is .07 or higher. Under Maryland law, any person convicted of DUI must have an ignition interlock installed on their vehicle for a period of one year. The ignition interlock is not mandatory for a DWI, with limited exceptions. That does not mean, though, that a judge may not order the interlock. While the Maryland statute does not mandate an ignition interlock, a judge will still have the discretionary power to order it.

Proven Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith has fought for the rights of men and women in Maryland for more than 40 years, including people charged under Maryland law with operating a motor vehicle under the influence of or while impaired by alcohol or drugs. SuperLawyers has rated him as one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also listed him as a Top-Rated Lawyer.

Jonathan Scott Smith has carried an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System for more than three decades, a testament from his colleagues in the legal profession. He has also received Martindale-Hubbell’s coveted Client Distinction Award, an award held by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly regarded trial attorney, Jonathan has a comprehensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact an Aggressive Baltimore County Criminal Defense Attorney

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland, including people charged with any type of child abuse. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Penalties for Drunk Driving in Maryland

The Potential Sanctions When You Have Been Convicted of DUI/DWI

the-penalties-for-drunk-driving-in-marylandThe penalties for conviction of drunk driving in Maryland will depend on a number of factors, including the type of charge and whether you’ve had any prior convictions. Driving while intoxicated (DWI) is considered a lesser offense than driving under the influence (DUI), carrying the following potential sentencing:

  • No prior convictions—Up to 60 days in jail and $500 in fines
  • One prior conviction—Up to a year in jail and $500 in fines
  • Multiple priors—Up to five years in prison and $5,000 in fines

For the more serious charge of driving under the influence, the potential penalties include:

  • No prior convictions—You can expect up a year in jail, as well as the potential of $1,000 in fines
  • One prior conviction—The potential incarceration is up to two years and fines can reach $2,000
  • Multiple prior convictions—You could be sentenced to up to five years in prison and $5,000 in fines

Aggressive Baltimore DUI/DWI Defense Lawyer

Attorney Jonathan Scott Smith brings more than three decades of experience to criminal defendants across the Baltimore metropolitan area and the state of Maryland, including people charged with domestic violence or abuse. He has been received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from his colleagues in the Maryland bar for more than 34 years. He has been ranked among the top 100 lawyers in Maryland listed by SuperLawyers and was named a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all lawyers nationwide.

Over the past three decades, attorney Smith has successfully protected the rights of individuals facing all types of criminal charges, including prosecution for domestic violence or abuse. He will work hard to protect your constitutional rights, fully investigating your case to verify that law enforcement officers and prosecutors follow proper procedures when gathering evidence. He’ll question all potential witnesses and preserve all relevant evidence, so that he can prepare and present the most compelling arguments for your acquittal.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Proven Frederick County Criminal Defense Lawyer

Contact our office by e-mail or call 410-740-0101 for a free initial consultation. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Maryland’s Drunk Driving Laws—An Introduction

What Is the Difference between DUI and DWI?

the-penalties-for-drunk-driving-in-marylandLike all other states, Maryland takes a serious approach to drinking and driving. Under state law in Maryland, a person may face either a DUI (driving under the influence) charge or a DWI (driving while intoxicated) charge if convicted of drunk driving.

What Is the Difference between a DUI and a DWI in Maryland?

In Maryland, a DUI is the greater offense of the two. You can be charged and convicted of driving under the influence if your blood alcohol content (BAC) is 8% or higher. You can also be charged and convicted if it can be proven in court that you were driving while substantially impaired by either alcohol or drugs.

You can face charges for driving while intoxicated in Maryland if your BAC is 7% or greater, but less than 8%. There must also be evidence that your driving was affected by your level of intoxication.

It’s important to understand that you can be charged with either a DWI or a DUI in Maryland, even if your vehicle is not traveling along the road. The statute allows you to be prosecuted if you were in “actual control” of the vehicle. Accordingly, you may be charged with drunk driving while sleeping in a running vehicle or while having the motor running while in a parked car.

Experienced Prince George’s County Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of experience to persons facing criminal prosecution in Maryland, including people charged with drinking and driving. SuperLawyers has listed him as one of the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Attorney Smith has held an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System for more than three decades. He has also received Martindale-Hubbell’s coveted Client Distinction Award, an accolade earned by less than 4% of all attorneys nationwide. He carries a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A highly experienced trial lawyer, Jonathan has a comprehensive knowledge and understanding of Maryland criminal law and procedure. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Contact a Results-Oriented DUI/DWI Defense Lawyer in Maryland

At the law offices of Jonathan Scott Smith, we aggressively advocate for criminal defendants throughout the greater Baltimore area and across the state of Maryland. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Can You Refuse to Take a Field Sobriety or BAC Test in Maryland?

The Potential Consequences of Choosing Not to Be Tested

Can You Refuse to Take a Field Sobriety or BAC Test in Maryland?In Maryland, as in other states, when you have been pulled over by a police officer, you may be asked to submit to either a field sobriety test (to establish probable cause) or a blood alcohol test, to determine whether you are in violation of the law. Can you refuse to take either one of these tests? If so, are there consequences?

Refusing to Take a Field Sobriety Test

Maryland law does not require that you submit to a field sobriety test. You may have valid reasons for not doing so—health issues, weather or your personal safety, for example. Though you won’t face legal sanctions for refusing to take the field sobriety test, your refusal can be construed as suggesting or even creating probable cause. Accordingly, the officer may choose to make an arrest based on your refusal.

Refusing to Take a Breath Test

As with the field sobriety test, you are not legally required in Maryland to take a preliminary breath test. Even if you agree to take the test, it may not be admissible at trial. However, you can expect that, once you are taken to the police station, you will be asked to take another blood alcohol content test. Because Maryland is an “implied consent” state, when you get behind the wheel, you agree to submit to such a test when requested. If you refuse, your driving privileges will automatically be suspended for 9 months (270 days).

Results-Oriented Baltimore Drunk Driving Lawyer

Attorney Jonathan Scott Smith has more than 30 years of experience successfully protecting the rights of criminal defendants across the Baltimore metro area and the state of Maryland, including people charged with drunk driving. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar for more than 34 years. He has been listed among the top 100 lawyers in Maryland listed by Super Lawyers as well as a Top-Rated Lawyer by The American Lawyer Magazine. He has also earned Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past three decades, attorney Smith has successfully handled the defense of a wide range of criminal charges, including cases involving prosecution for drinking and driving. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Effective Howard County Criminal Defense Lawyer

Contact us online by e-mail or call 410-740-0101. for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Different Types of Field Sobriety Tests

The Ways a Police Officer Can Establish Probable Cause in a DUI/DWI Case

The Different Types of Field Sobriety TestsIn Maryland, as in other states, when a police officer pulls you over for speeding, running a red light or other traffic infractions, he or she may look for evidence that you are intoxicated or under the influence of drugs. One of the common ways that a law enforcement officer will look to establish probable cause that you have been drinking before you got behind the wheel is with what is known as a “field sobriety test.” There are three field sobriety tests commonly used by police officers in Maryland:

  • The one-leg stand test: You will be asked to stand on one leg and count to a certain number (usually between 15 and 30), while the officer looks for evidence of instability caused by alcohol or drugs. Of course, many people cannot pass this test because of physical conditioning (or lack thereof).
  • The horizontal gaze nystagmus test: The officer will hold an object in front of your face and move it from side to side (typically a light or a pencil). The officer will watch your eyes to see if they jerk back and forth, supposedly an indication of intoxication.
  • The walk and turn test: You’ll be asked to walk “heel-to-toe,” often both forward and backward. You may also be asked to turn left, right or completely around. The officer is looking for a failure to follow directions or some clumsiness in your gait.

Proven Maryland DUI/DWI Defense Lawyer

For more than three decades, attorney Jonathan Scott Smith has protected the constitutional rights of criminal defendants across Baltimore and through out the state of Maryland, including people charged with DUI or DWI. Super Lawyers has named him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also listed him as a Top-Rated Lawyer.

Jonathan has maintained an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System for more than 34 years. He has also received Martindale-Hubbell’s coveted Client Distinction Award, an honor earned by less than 4% of all attorneys in Maryland. He enjoys a 10.0 (Superb rating) as a trial lawyer from AVVO and has also earned AVVO’s Client’s Choice Award, with an average client review of 5 stars.

A well-respected trial lawyer, Jonathan has a thorough understanding of Maryland criminal law and procedure, and has considerable experience successfully handling a wide range of criminal cases. He knows how to effectively gather and preserve evidence and will take all necessary measures to ensure that law enforcement officers did not violate your constitutional rights.

Aggressive Anne Arundel County Drunk Driving Defense Attorney

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants throughout Baltimore County and the surrounding communities. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

The Potential Penalties for Drunk Driving in Maryland

The Possible Consequences of a Conviction for DUI or DWI

The Potential Penalties for Drunk Driving in MarylandIn Maryland, as in other states, when you have been arrested and charged with operating a vehicle while under the influence (DUI) or while impaired (DWI), you will be subjected to both an administrative proceeding and a criminal prosecution. The administrative proceeding will be conducted by the Maryland Motor Vehicle Administration (MVA), whereas the criminal prosecution will take place in the state court system.

The purpose of the administrative hearing is to determine the status of your driving privileges. You must request a hearing with the MVA within thirty days of your arrest or your license will automatically be suspended. Furthermore, if you don’t want your license suspended before the administrative hearing, you must ask for the review within 10 days of the traffic stop. In some situations, in lieu of suspension, you may ask the court to allow you to participate in the state’s ignition interlock program. The judge will have the discretion to grant or deny that request.

The objective of the criminal prosecution is to establish guilt or innocence and determine criminal sanctions. The penalties for conviction may include fines of $500 to $5,000, as well as jail/prison terms ranging from two months to five years.

AV-Rated Maryland DUI/DWI Defense Lawyer

Attorney Jonathan Scott Smith has more than three decades of experience successfully protecting the rights of DWI/DUI defendants across the Baltimore metro area and the state of Maryland. He has been awarded an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System by fellow members of the Maryland bar every year since 1988. He has also been listed among the top 100 lawyers in Maryland listed by SuperLawyers as well as a Top-Rated Lawyer by The American Lawyer Magazine. He has holds Martindale- Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory.

Over the past 30+ years, attorney Smith has successfully handled the defense of a wide range of criminal charges, including allegations of DUI and DWI. He will aggressively protect your constitutional rights and fully investigate your case to determine whether police and prosecutors follow proper procedures when gathering evidence. He’ll carefully interview all potential witnesses, so that he can prepare and present the most compelling arguments in your defense at trial.

Attorney Smith has been listed among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He holds a 10.0 (Superb) rating as a trial attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Results-Oriented Maryland DWI/DUI Defense Attorney

Contact our office by e-mail or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

DUI or DWI? Is There a Difference in Maryland?

Does Maryland Make a Legal Distinction between Driving While Impaired (DWI) and Driving Under the Influence (DUI)?

DUI or DWI? Is There a Difference in Maryland?When you’re pulled over by police in Maryland, there’s a good chance they’ll ask you if you’ve had anything to drink. They also may ask you to submit to a field sobriety test or take a breathalyzer test to estimate your blood alcohol content (BAC). You can refuse the field sobriety test with no legal penalty, but if you refuse the breathalyzer, there are potential consequences, including loss of driving privileges.

Based on the findings of the breathalyzer test and observations of the police officer, three things might happen:

  • You blow under the legal limit of .08% BAC, and the officer concludes you are not impaired and lets you go;
  • You blow over the legal limit of .08% BAC, causing you to be arrested for driving under the influence of alcohol (DUI); or
  • You blow under .08% but over .07% and are charged with driving while impaired.

If you are underaged, the legal limit goes down to .02%. Commercial truck drivers also have a lower permissible blood alcohol content—.04%.

Experienced Maryland DUI/DWI Defense Attorney

Jonathan Scott Smith, a longtime Maryland SuperLawyer, has aggressively protected the constitutional rights of criminal defendants in the greater Baltimore area and across Maryland for more than 30 years. Consistently AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System, Jonathan has also been named a Top-Rated Lawyer by The American Lawyer magazine. He’s earned AVVO’s Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating from AVVO as a trial attorney.

Jonathan understands the consequences of a DUI/DWI conviction, and works hard to ensure that police followed all required procedures. He will verify that there was probable cause for the traffic stop and that you were properly notified of your Miranda rights if taken into custody. He will carefully gather all relevant evidence and visit the scene of the incident, if necessary. He’ll also use his extensive trial experience to protect your rights in court.

Proven DWI/DUI Attorney in Baltimore County and the Surrounding Communities

To schedule a confidential consultation to discuss your options after a DWI/DUI arrest, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Field Sobriety Tests in Maryland

The Different Tests | Are They Accurate?

Field Sobriety Tests in MarylandIt’s common practice for law enforcement officers in Maryland to request that a motorist take a “field sobriety test” if there’s suspicion of driving under the influence (DUI) or driving while impaired (DWI). Those tests can take a number of different forms:

  • The horizontal gaze nystagmus—With this test, the officer holds an object in front of your eyes and moves it back and forth, looking for a “jerking” movement in your eyes, which is considered an indication of alcohol intoxication.
  • The one-leg stand—This assessment involves standing on one foot for up to 30 seconds. Officers look for problems with balance, as well as difficulty counting.
  • The walk-and-turn test—This is the “heel-to-toe” test, where you must put one foot in front of the other, walk in a specific direction, and then change directions.

The Reliability of Field Sobriety Tests

In testing conducted by the Southern California Research Institute in the 1970s, the accuracy of field sobriety tests was mixed. The report found that almost one of every four horizontal gaze nystagmus tests was inaccurate and that the other two tests were accurate about 2/3 of the time.

Proven Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith, a Maryland SuperLawyer, has more than three decades of experience fighting for the rights of men and women facing criminal charges throughout Maryland. AV-rated by his colleagues under Martindale-Hubbell’s Peer Review Rating System, attorney Scott Smith has also received the Client’s Choice Award, with the highest rating possible (5 stars). He’s been given a 10.0 (Superb) rating as a trial attorney and named a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has extensive experience handling all matters related to drunk driving. He knows from experience that police officers often violate constitutional rights, stopping drivers without probable cause or failing to give Miranda warnings before arrest. He’ll carefully review police reports and question witnesses to confirm that your constitutional rights were not violated.

Proven Drunk Driving Attorney in the Baltimore Metropolitan Area

To schedule a confidential consultation to discuss your options after a DWI/DUI arrest, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout the Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Do You Have to Submit to a Field Sobriety Test in Maryland?

What Happens If You Refuse?

Do You Have to Submit to a Field Sobriety Test in Maryland?Customarily, when you’re been pulled over in Maryland on suspicion of drinking and driving, the police officer will ask you to take a “field sobriety test” where you have to walk heel-to-toe or stand on one leg. Contrary to popular belief, though, there is no legal requirement that you submit to these tests, and the officer cannot compel you to do so.

Furthermore, there’s no criminal penalty for refusing to take a field sobriety test, and choosing not to participate in such a test will not have any impact on your driving privileges. Field sobriety tests are voluntary and can always be refused. Field sobriety tests are notoriously unreliable; the National Highway Traffic Safety Administration has published training manuals stating that one of every three tests may be wrong.

Police officers may also ask you to submit to a preliminary breath test before detaining you. This test is also voluntary. If you are taken to the police station, though, Maryland’s implied consent rules go into effect. If you refuse a breath or blood test at the police station, you can lose your driving privileges.

Proven Maryland Drunk Driving Defense Lawyer

Attorney Jonathan Scott Smith, a longtime Maryland SuperLawyer, has fought for the rights of criminal defendants throughout Maryland for more than three decades.He has consistently been AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System and was named a Top-Rated Lawyer by The American Lawyer magazine. AVVO has given him the Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating as a trial attorney.

Attorney Smith understands the impact of a conviction for drinking and driving and will work hard to protect your constitutional rights. He will carefully gather and preserve evidence in support of your acquittal. He’ll review police reports and question witnesses to ensure that law enforcement officers had probable cause to make the traffic stop and that they properly advised you of your rights.

Results-Oriented DWI/DUI Attorney in the Baltimore Metropolitan Area

To schedule a confidential consultation to discuss your options after a DWI/DUI arrest, contact attorney Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County.

Can You Refuse to Take a Breath Test in Maryland?

What Are the Consequences Under Maryland’s Implied Consent Law?

Breath Test Often, when you’re pulled over by law enforcement officers (regardless of the reason), one of the first questions the officer asks is “have you been drinking?” If you answer affirmatively, the officer may then ask you to submit to a breath test to determine whether your blood alcohol content exceeds the permissible legal level. Must you take the test? If not, what potential penalties can you face for refusing?

Under Maryland’s “implied consent” law, when you drive on the state’s roads, or apply for a driver’s license, you agree to take a blood alcohol content (BAC) test when requested by a police officer. However, except in situations where you are involved in an accident that causes injury or death, you may always refuse to take the test.

There are consequences to refusing to submit to a BAC test. Your license will be immediately suspended for a period of 270 days. You may not drive at all during the suspension, unless you appear at a hearing before the Motor Vehicle Administration, where you typically must to agree to have an ignition interlock system installed on your vehicle.

Aggressive Baltimore County DWI/DUI Defense Attorney

A longtime Maryland SuperLawyer, attorney Jonathan Scott Smith has provided strong legal counsel to criminal defendants throughout Maryland for more than 35 years. His skill, experience and knowledge have consistently led him to be AV-rated by other attorneys under Martindale-Hubbell’s Peer Review Rating System. The American Lawyer magazine has honored him as a “Top-Rated Lawyer.” AVVO has awarded him the Client’s Choice Award, with the highest rating possible (5 stars), as well as a 10.0 (Superb) rating as a trial attorney.

Attorney Smith tenaciously advocates for men and women facing any type of criminal prosecution, including driving while impaired or driving under the influence.He knows how to effectively gather and preserve evidence to support your acquittal and will always conduct a thorough investigation to confirm that law enforcement officers did not violate your constitutional rights.

Proven Maryland Drunk Driving Defense Lawyer

To schedule a confidential consultation to discuss your options after an arrest for drinking and driving, contact Jonathan Scott Smith online or call 410-740-0101 to set up an appointment. Attorney Smith handles DWI and DUI cases throughout Baltimore and the surrounding area, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101