Must a Judge Order the One-Year Interlock for the Lesser Offense?
In 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 conviction of
Like 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.
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?
In Maryland, as in other states, when a police officer pulls you over for speeding, running a red light or other
In Maryland, as in other states, when you have been arrested and charged with operating a vehicle while
When you’re pulled over by police in Maryland, there’s a good chance they’ll ask you if you’ve had anything to
It’s common practice for law enforcement officers in Maryland to request that a motorist take a “field sobriety test” if there’s suspicion of
Customarily, when you’re been pulled over in Maryland on suspicion of
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?





