DWI

DWI or DUI? What’s the Difference in Maryland?

May 4, 2022 by Jonathan Smith

What Are the Requirements? What Are the Potential Penalties?

In many states, the terms “DUI” and “DWI” are used interchangeably to refer to virtually any charge involving drinking and driving. In Maryland, however, they refer to two distinction violations of the law.

Drive while impaired, or “DWI,” is the least serious of the drunk-driving offenses in Maryland. A person will generally be charged with driving while impaired if his or her blood alcohol concentration (BAC) is above .07%, but below .08%. In those situations, the decision to charge a person with a DWI is typically based on other signs of impairment, including the failure of a field sobriety test or visible evidence or impaired driving. Conviction on a DWI charge can lead to a 60-day jail term and a $500 fine for a first conviction, with the jail term extended to 12 months for subsequent convictions.

Driving under the influence (DUI), on the other hand, involves a traffic stop where the driver registers a BAC of .08% or higher. A first-time offender may potentially face a fine of $1,000 and a one-year jail sentence, and penalties for subsequent convictions may be as high as $5,000 and five years in prison. A DUI conviction will also typically lead to the accumulation of points on your driving record, which customarily leads, in turn, to increased insurance premiums.

Proven Carroll County Drunk Driving Defense Lawyer

For more than 30 years, attorney Jonathan Scott Smith has tenaciously fought for the rights of criminal defendants across Baltimore and throughout the state of Maryland, including people charged with DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan carries an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review

Rating System every year since 1988. He has also received Martindale-Hubbell’s coveted Client Distinction Award, given to 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 respected trial attorney, Jonathan brings an extensive knowledge of Maryland criminal law and procedure to every case, as well as 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.

Proven Baltimore County Criminal 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 Consequences of a Repeat DUI/DWI Conviction in Maryland

March 10, 2022 by Jonathan Smith

Potential Penalties for Subsequent Drunk Driving Convictions

In Maryland, if you are arrested, charged with and convicted of driving while impaired (DWI) or driving under the influence (DUI), and you have a previous conviction for the same offense within the last five years, there are two immediate consequences:

Your driving privileges will automatically be suspended for one year
At the completion of your suspension, you will be required to have an ignition interlock installed in your car for a period of one year

What Is an Ignition Interlock?

An ignition interlock requires that the submit to a blood alcohol test before your car will operate. When you have an ignition interlock installed, you must breathe into the device before you can start your car. If you test above the accepted level set on the device, your engine will not turn over.

AV-Rated Carroll County Drunk Driving Defense Attorney

Attorney Jonathan Scott Smith brings over 30 years of proven experience to drunk driving defendants across the Baltimore metro area and the state of Maryland. He has received an AV-rating (the highest rating possible) under Martindale-Hubbell’s Peer Review Rating System from other members of the Maryland bar every year since 1988. Jonathan has been listed among the top 100 lawyers in Maryland listed by SuperLawyers and has been designated 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 driving while impaired and driving under the influence. He knows how to protect your constitutional rights and will carefully investigate your case to confirm that police and prosecutors follow all required procedures when gathering evidence. He’ll aggressively question all potential witnesses, so that he can prepare and present the most persuasive 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.

Proven Maryland DUI/DWI Defense Lawyer

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.

Filed Under: DUI, DWI Tagged With: Consequences of a Repeat DUI/DWI Conviction

The Potential Consequences of a First DUI/DWI Conviction in Maryland

March 4, 2022 by Jonathan Smith

The Penalties for First-Time Drunk Driving Offenders

In Maryland, when you have been pulled over and taken into custody for drinking and driving, you may be charged with driving while impaired (DWI), driving under the influence (DUI), or both. You can only be convicted of one of those offenses.

If your blood alcohol content is less than .08%, but you exhibit other signs of impairment, a police officer may book you for DWI. If your blood alcohol content is .08% or above, you can be charged with DUI.

For a first-time conviction of driving while impaired, the penalties include up to two months of incarceration and a maximum fine of $500. Your driving privileges may be suspended for up to six months (a year, if you are under the age of 21) and you will have 8 points added to your driving record. For an initial conviction for driving under the influence, you can expect to pay up to $1,000 in fines and serve up to a year in jail. Your license can be revoked for up to six months and you will accumulate 12 points on your driving record.

Proven Baltimore DUI/DWI Defense Attorney

For over three decades, attorney Jonathan Scott Smith has aggressively fought for the rights of criminal defendants across Baltimore and throughout the state of Maryland, including many people facing prosecution for DWI or DUI. SuperLawyers lists him among the top 100 lawyers in Maryland and The American Lawyer Magazine has also named him a Top-Rated Lawyer.

Jonathan has received an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also earned Martindale-Hubbell’s coveted Client Distinction Award, given to 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 highly respected trial attorney, Jonathan brings an extensive knowledge of criminal law and procedure to every case, as well as considerable experience successfully handling a wide range of criminal matters. 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.

Experienced Criminal Defense Lawyer in the Greater Baltimore Area

Filed Under: DUI, DWI Tagged With: DUI/DWI Conviction

The Difference between a DWI and a DUI in Maryland

November 24, 2021 by Jonathan Smith

Distinguishing Driving Under the Influence from Driving While Intoxicated

The terms “DWI” and “DUI” often get used interchangeably to generally describe a criminal charge of drinking and driving. In the state of Maryland, though, they are different offenses with different elements and different penalties:

A person will be charged with a DUI (driving under the influence) if there’s a blood alcohol test that shows violation of state law, or there’s sufficient evidence to prove that the person was operating a vehicle while substantially impaired by alcohol or any controlled substance. Conviction on DUI charges carries a more substantial penalty, up to a year of incarceration and/or a $1,000 fine for the first offense.
A DWI can be charged if a person’s ability to drive was affected by alcohol. Conviction for a first offense will result in a maximum of two months in jail and a potential $500 fine

AV-Rated St. George’s County DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith has more than three decades of hands-on experience successfully representing criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest possible) by other attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988, and was named a Top-Rated Lawyer by The American Lawyer Magazine. He’s earned Martindale-Hubbell’s Client Distinction Award, bestowed upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory and has been among the top 100 lawyers in Maryland listed by Super Lawyers.

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

An experienced and respected trial attorney, Jonathan handles a wide range of criminal matters, including misdemeanors and felony charges. He knows how to effectively investigate a criminal charge, taking the time carefully gather, assess and preserve all evidence to support an acquittal. He is committed to protecting your constitutional rights and ensuring that police and prosecutors followed all required procedures when gathering evidence or detaining you. He’ll carefully question all potential witnesses, so that he can prepare and present the most effective arguments in your defense.

Baltimore, Maryland Criminal Defense Attorney

Filed Under: DWI Tagged With: DWI and a DUI in Maryland

What Happens at the DMV Administrative Hearing After a Maryland DUI/DWI Charge?

September 14, 2021 by Jonathan Smith

What Are the Potential Outcomes of the Hearing?

When you are pulled over and charged with driving while impaired (DWI) or driving under the influence (DUI) in Maryland, you can expect not one, but two legal proceedings—the criminal proceeding in court to determine guilt or innocence and assess penalties, and the administrative hearing at the Department of Motor Vehicles. The focus of the DMV hearing is your driving privileges.

When you are formally charged with drinking and driving in Maryland, the arresting officer will take your license. You will then be issued a temporary license, good for only 45 days. You must then request the administrative hearing within 10 days—if you don’t, your license will automatically be suspended.

At the hearing, an administrative judge will hear evidence to determine the extent to which you need continued driving privileges—for work or other daily needs—and will take those needs into consideration when ruling. Typically, for a first-time offense, your license will be suspended for a minimum of 45 days, but suspension may be modified to allow you to drive to work. With a second conviction, the work modification is usually unavailable. In many instances, the administrative law judge allows continued operation of a vehicle with the installation of an ignition interlock, which requires that you successfully exhale into a blood alcohol tester attached to the ignition of your car before you can drive.

AV-Rated Maryland DUI/DWI Defense Attorney

Attorney Jonathan Scott Smith brings more than three decades of experience to people across the greater Baltimore area and throughout the state of Maryland who are charged with DWI/DUI. He has been AV-rated (the highest rating possible) by his fellow attorneys in Maryland under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also received Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been listed among the top 100 lawyers in Maryland by SuperLawyers and honored as a Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith has the skill, knowledge, experience, and resources to fully protect your rights in a DUI/DWI prosecution. He’ll carefully gather all evidence that supports your acquittal and ensure that your constitutional rights have not been violated. He’ll question all potential witnesses so that he can present the most convincing arguments in your defense.

Attorney Smith has been named one of the top 100 attorneys in Maryland by the National Trial Lawyers Association, a by-invitation- only professional organization. He has earned a 10.0 (Superb) rating as a litigation attorney from AVVO and received the Client’s Choice Award from AVVO with an average client review of 5 stars.

Howard County, Maryland, Criminal Defense Attorney

Contact our office by email 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.

Filed Under: DUI, DWI, Uncategorized Tagged With: DUI/DWI Charge

Are DWI and DUI the Same Offense in Maryland?

August 28, 2020 by Jonathan Smith

The Difference between “Driving While Impaired” and “Driving Under the Influence”

The terms DWI and DUI often are used interchangeably, but in Maryland, they actually are two different offenses:

DWI, or driving while impaired—In Maryland, driving while impaired is considered a less serious offense than driving under the influence. You can be charged with DWI if your blood alcohol concentration (BAC) is between .07 and .08. Often, a person charged with DWI will pass the BAC test but exhibit physical indications of impairment, such as slurred speech or erratic driving.
The penalties for DWI include up to 60 days of incarceration and a $500 fine for the first offense. Subsequent convictions can lead to up to a year in jail and additional fines. A DWI conviction also results in an 8-point penalty on your driving record, which will cause your license to be suspended.
DUI, or driving under the influence—You can be charged with a DUI only if your BAC exceeds .08. A first-time conviction for DUI can result in a year in jail and a $1,000 fine. Your second and third convictions can each lead to another 12 months of incarceration and an additional $1,000 fine. DUI adds 12 points to your driving record, leading to revocation of your license for a period of time.

Experienced Baltimore DWI/DUI Defense Lawyer

Attorney Jonathan Scott Smith has provided strong and effective representation to people in Baltimore and throughout Maryland for more than 35 years, including individuals charged with DWI or DUI. Named a Top-Rated Lawyer by The American Lawyer magazine, he is also respected by his peers in the legal profession, who have consistently given him an AV-rating, the highest rating possible. He has been the recipient of AVVO’s prestigious Client’s Choice Award, with an average of 5 stars(the highest rating possible) in client reviews. A longtime Maryland SuperLawyer, he also has a perfect 10.0 (Superb) rating as a litigator from AVVO.

Attorney Smith aggressively advocates for men and women facing criminal prosecution, zealously representing clients throughout the legal process, from investigation, arrest, and arraignment to trial. He’ll conduct a thorough investigation of your case, ensuring that law enforcement officers legally obtained all evidence and made you aware of your constitutional rights. A proven trial attorney, Smith

knows how to make the most persuasive arguments in your defense before a judge and jury.

Ellicott City Criminal Defense Lawyer

Contact experienced Maryland criminal defense attorney Jonathan Scott Smith by email or call 410-740-0101 to set up an appointment. We handle drug possession prosecutions in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County, and Montgomery County in Maryland.

Filed Under: DUI, DWI Tagged With: DUI and DWI

Understanding Implied Consent During a Maryland DUI/DWI Stop

April 16, 2020 by Jonathan Smith

Do You Have to Submit to a Blood Alcohol Test When Stopped for Suspected DWI/DUI?

When you’re stopped by a law enforcement officer, it’s fairly common for them to ask if you’ve consumed any alcoholic beverages. If you have and answer truthfully, the officer may ask you to take a blood alcohol test to determine if you are over the legal limit. If you test positive, it can be used against you in a criminal prosecution. Can you refuse to take the test? What are the legal consequences if you choose not to submit to a breath test?

In Maryland, as in other states, the legal concept of implied consent applies when you get behind the wheel of a car. Under this principle, simply by operating a motor vehicle, you are deemed to agree to submit to a blood alcohol test if requested by a police officer. Nonetheless, you still can refuse to take the test (and cannot be forced to do so), but you will face specific consequences:

Your driver’s license will be seized, and you will be issued a 10-day temporarylicense. Your license can be suspended for up to two years; and
Your refusal to take a breath test is admissible in court and may be used by the jury to determine guilt.

Experienced DWI/DUI Defense Attorney in Baltimore County

Attorney Jonathan Scott Smith brings more than 30 years of experience to individuals in Baltimore County and across the state of Maryland who have been arrested for or charged with impaired driving. Attorney Smith has been AV-rated by his colleagues in the legal profession under Martindale-Hubbell’s Peer Review System and has been listed as a Maryland SuperLawyer. An honoree of the AVVO Client’s Choice Award, with an average client review of 5 stars(the highest rating possible), Attorney Smith also has a perfect 10.0 (Superb) rating as a litigation attorney from AVVO. He was named a 2012 Top-Rated Lawyer by The American Lawyer magazine.

Attorney Smith will aggressively protect your rights in any criminal proceeding, from investigation and arrest to arraignment and trial, making certain there was probable cause and that all constitutional guarantees were followed. He’ll carefully investigate the details of your case in order to make the most compelling arguments in your defense. He’s a highly experienced trial attorney, with the skill, knowledge, and resources to protect your rights in any criminal matter.

Montgomery County Criminal Defense Lawyer

Contact criminal defense lawyer Jonathan Scott Smith online or call us at 410-740-0101 to set up an appointment. We handle criminal matters in Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County in Maryland.

Filed Under: DUI, DWI Tagged With: Blood Alcohol Test

Police Charge Man with DUI after Hit and Run

July 22, 2015 by Jonathan Smith

police-charge-man-with-dui-after-hit-and-run

Berlin Man Faces DUI Charge after Hit and Run

Maryland state troopers arrested a Berlin man in early May, charging him with driving under the influence of alcohol, leaving the scene of an accident and other related charges. Authorities say the Berlin man struck an SUV with his pickup truck before driving away. The accident occurred near Worcester Highway and Jarvis Road.

According to reports, troopers were called shortly after the collision and used evidence from witnesses to locate and arrest the driver. When troopers pulled him over, they could smell alcohol on his breath. He failed a field sobriety test, as well as a blood alcohol test.

No injuries were reported as a result of the collision.

Baltimore County, Maryland, Criminal Defense Attorney

Attorney Jonathan Scott Smith, a Maryland Super Lawyer, has fought for the rights of criminal defendants across Maryland for more than 30 years. He has a perfect 10.0 Superb rating as a litigation attorney from AVVO, and is also respected by his colleagues in the legal profession, who have given him an AV-rating under Martindale-Hubbell’s Peer Review Rating System. Because of his record and reputation, Smith was a recipient of the Client’s Choice Award from AVVO, based on an average client review of 5 stars (the highest rating possible). Smith was also recognized as a 2012 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.

Top-Rated Maryland Criminal Defense Lawyer

We fight for the rights of criminal defendants. Contact us by e-mail or call us at 410-740-0101 to schedule an appointment. We represent criminal defendants in Howard County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County in Maryland.

Source – http://www.wmdt.com/news/more-local-news/Berlin-man-charged-with-DUI-after-fleeing-crash-scene/32916834

Filed Under: Drunk Driving, DUI, DWI

Howard County DUI Sobriety Checkpoint Nabs Twelve

September 4, 2013 by jsmith

On Friday, June 14, 2013, Howard County police set up a sobriety checkpoint on westbound Route 40 and Governors Run Way in Ellicott City. The sobriety checkpoint, which started late in the evening, extended into early Saturday morning, resulted in 12 arrests, reported The Baltimore Sun.

Police say 998 drivers came through the sobriety checkpoint, and that six were arrested for DUI, or driving under the influence of alcohol. Three more drivers were taken into custody for drug offenses, and three motorists were detained for driving with suspended license.

DUI Check Points Funded by Grants

The DUI sobriety checkpoint, manned by Howard County police and Maryland State troopers, is part of the Checkpoint Strikeforce Campaign, a program funded in part by a grant from the Maryland Highway Safety Office. DUI Sobriety check points, though not legal in some states, have been upheld in Maryland as consistent with the state constitution and the U.S. Constitution, provided they comply with detailed constitutional requirements.

Top-Rated Drunk Driving Lawyer in Howard County, MD

Mr. Smith’s extensive trial experience — and track record of successful results, including DUI cases— has earned him the recognition of his peers and clients:

Maryland Super Lawyer.
“10.0 Superb” as a litigation attorney by AVVO.
“Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
2013 Top Attorneys in Maryland (American Registry)
2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
The National Trial Lawyers: Top 100 Trial Lawyers (by invitation only and limited to the Top 100 Trial Lawyers from each state).
“AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Columbia, Maryland Drunk Driving Defense Attorney

When you need top-rated criminal defense lawyer to fight a DUI charge, including one resulting from a DUI sobriety checkpoint, attorney Jonathan Scott Smith will aggressively fight hard to protect your constitutional rights. Contact our firm online or call our office at 410-740-0101 to schedule an appointment. We represent criminal defendants in Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince Georges County and Montgomery County, Maryland.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, District Court for Howard County, driving with suspended license, Drunk Driving, DUI, DWI

Driving with Suspended License in Maryland

June 11, 2013 by jsmith

Driving with Suspended License is Serious
In Maryland, a driver’s license can be suspended for many reasons. Often it is caused by a mistake, or an oversight, but it can lead to serious consequences. Some of the reasons the Maryland MVA will suspend a driver’s license:

Failing to pay a traffic ticket.
Failing to pay a fine after appearing in traffic court.
Failing to appear in court for a traffic ticket.
Moving to a new address and not notifying the MVA, and then not receiving a notice to appear in court for a traffic ticket.
Receiving too many points (MVA can suspend a driver’s license for an accumulation of 8 points or more).
Being convicted of DWI/DUI, driving under the influence, or driving while impaired.

Many people charged with driving with suspended licence in Maryland are not criminals; they make a mistake, or fail to take care of a traffic ticket through an oversight.

What are the Penalties for Driving With Suspended License?

The penalties for driving with suspended license in Maryland are serious. They range from 2 months in jail, a $500.00 fine, or both, to one year in jail, a $1,000.00 fine, or both — depending upon the reason the license was suspended. Also, a conviction can range from 3 points to 12 points — enough to revoke your driver’s license.

Top Rated Traffic Ticket Lawyer Howard County MD

Jonathan Scott Smith is a top rated traffic ticket lawyer and former prosecutor with more than 30 years of criminal law experience. He has represented many clients in Howard County, including Ellicott City and Columbia, Maryland, who have been charged with driving with suspended licence. Mr. Smith is a former prosecutor and experienced traffic ticket attorney who has handled many driving with suspended license cases.

Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

Maryland Super Lawyer.
“10.0 Superb” as a litigation attorney by AVVO.
“Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.
Client Distinction Award (Client Review Rating of 4.5 or higher on 5.0 scale – less than 4% of 900,000+ attorneys listed by Martindale-Hubbell)
2013 Top Attorneys in Maryland (American Registry)
2013 Top Rated Lawyer by The American Lawyer Magazine and Martindale-Hubbell.
“AV-Preeminent™*” Highest Peer Rating by Martindale-Hubbell Law Directory (25 consecutive years).

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Howard County Traffic Ticket Defense Attorney

We handle defense of driving with suspended license charges, and traffic tickets for individuals throughout the Baltimore and Washington metro areas. We will fully investigate the facts and evidence related to your citation, and fight hard for you.

Contact Our Office

If you need a lawyer for traffic tickets, including driving with suspended license, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer to work for you. We accept Visa, MasterCard, Discover and American Express.