DUI and DWI Penalties in Maryland

April 17, 2012 by Jonathan Smith

DWI and DUI Defense in Columbia, Ellicott City, and Howard County, MD

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While DUI and DWI are synonymous in most states, that is not the case in Maryland, which does draw a distinction between Driving While Impaired (DWI) and Driving Under the Influence (DUI). You will be charged with a DWI if your Blood Alcohol Content (BAC) is .07 percent; and you will be charged with a DUI if your BAC is .08 percent or higher. Although both Maryland DWI and Maryland DUI carry stiff penalties for a conviction, the conviction of a DUI carries more harsh penalties.

The following are the parameters of the penalties if you are convicted of a DWI in Maryland:

DWI First Arrest Conviction

Up to 2 months in jail (6 months if transporting a minor)
Up to $500 fine ($1000 if transporting a minor)
Minimum 6 months suspended drivers license

DWI Second Arrest Conviction

Up to 1 year in jail
Up to $500 fine ($2000 if transporting a minor)
Minimum 1 year suspended drivers license

The following are the parameters of the penalties if you are convicted of a DUI in Maryland:

DUI First Arrest Conviction

Up to 1 year in jail (2 years if transporting a minor)
Up to $1000 fine ($2000 if transporting a minor)
Minimum 6 months suspended drivers license

DUI Second Arrest Conviction

Up to 2 year in jail (3 years if transporting a minor)
Up to $2000 fine ($3000 if transporting a minor)
Minimum 1 year suspended drivers license (if within 5 years of previous DUI conviction)

DUI Third (and Subsequent) Arrest Conviction(s)

Up to 3 year in jail (4 years if transporting a minor)
Up to $3000 fine ($4000 if transporting a minor)
Minimum 18 months suspended drivers license

DUI and DWI charges are serious in Maryland. If is important to retain a skilled criminal defense lawyer as soon as possible after being charged with a DUI or DWI, or other alcohol or drug related charge, in Maryland

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience. He has handled thousands of drunk driving cases. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

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DUI/DWI and Repeat Offenses

September 28, 2011 by Jonathan Smith

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Throughout the country, penalties for drunk driving convictions are steep and Maryland is no exception. Penalties for repeat offenders are even more severe, and prosecutors are tougher on repeat offenders and often seek to make an example of such defendants by asking for the highest penalties possible under the law.

If you are convicted of second or third offense of DUI or DWI in Maryland, you could face the following penalties:

DUI second offense: Up to two years in jail, a one-year license suspension, possible ignition interlock program installation and up to $2,000 in fines
DWI second offense: Up to one year in jail, a one-year (or longer) license suspension and up to $500 in fines
DUI third offense: Up to three years in jail, up to an 18-month license suspension and up to $3,000 in fines
DWI third offense: Any of the above and possible additional jail time, a five-year license suspension and participation in a 28-day residential treatment program
In addition to legal penalties for a DUI/DWI conviction, such convictions can have far-reaching effects in your personal life, including:
Increased automobile insurance premiums
A criminal record
Diminished employment and business opportunities
Loss of reputation, family and friends

Get help from a legal professional

Dealing with DUI/DWI charges can be daunting and emotionally stressful. And regardless of the circumstances of your case, you have a right to legal counsel and representation. Further, an arrest does not mean you will be found guilty. When facing DUI/DWI charges, particularly if it is a repeat offense, you need an experienced and skilled attorney who understands the legal process and can mount an effective defense. Contact Jonathan Scott Smith online or call us at 410-740-0101 to schedule a consultation to discuss your DUI/DWI case.

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DUI Charges Dismissed: Violation of Right to a Speedy Trial

May 13, 2011 by Jonathan Smith

DUI Charges Dismissed for Violation of Speedy Trial Right
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A 31-year old separated mother, while on probation for an earlier conviction for Driving under the Influence of Alcohol, was arrested and charged with a second drunk driving offense after causing a personal injury accident. Howard County criminal lawyer Jonathan Scott Smith represented the accused. Upon our recommendation, the client refused all plea bargain offers. A Howard County District Court judge agreed with Mr. Smith’s argument that the prosecution’s earlier postponement, and court clerk’s errors and delays in scheduling the case for trial, were prejudicial and violated the client’s constitutional right to a speedy trial. The court granted a motion to dismiss all charges.

Constitutional Right to a Speedy Trial
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Both the United States Constitution and the Maryland Declaration of Rights guarantees the right to a speedy trial to anyone accused of a crime and facing criminal charges. The constitutional right does not delineate any fixed time period for a trial to take place. Court rulings have interpreted the right to mean that a trial must take place within a “reasonable” time after being charged.

Right to a Speedy Trial on DUI/DWI Charges

Maryland’s highest court has ruled that one year generally is too long for such a relatively uncomplicated case such as DUI/DWI to come to trial. Courts consider other factors in addition to the length of time between arrest and trial. These include whether the accused ever requested a speedy trial; the length of the delay; the reasons for the delay; and whether the accused was prejudiced by the delay.

An experienced criminal defense lawyer can assist in asserting and protecting the right to a speedy trial, as well as raising a court challenge if the right is violated.

Top Rated Howard County, Columbia, and Ellicott City Criminal Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience. Attorney Smith has handled thousands of criminal cases in the local courts, including cases involving violations of a right to speedy trial. With a solid and longstanding reputation for personal service and thorough preparation, we get many of our new cases as referrals from existing or former clients, or from other attorneys. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him.

Mr. Smith’s extensive trial experience — and track record of successful results in DWI/DUI, drunk driving, and other criminal cases— has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal lawyers in Howard County.

Contact Our Office

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Filed Under: Criminal Defense, Drunk Driving, DUI, DWI Tagged With: Choosing a good dui lawyer, dui charges dismissed, dui defense, dui lawyer, dui repeat offender, dui repeat offense, howard county dui lawyer

Jonathan Scott Smith Criminal Defense Firm