DUI and DWI Penalties in Maryland

April 17, 2012 by Jonathan Smith

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

dui
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.

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, Drunk Driving, DUI, DWI Tagged With: administrative license revocation, alcohol, alcoholic beverage, alcoholism, attorney, breath tests, breathalyzer, drives, driving, driving under the influence, Drunk Driving, drunk driving defense lawyer, drunk driving law, drunk driving laws, drunk driving lawyer, DUI, dui attorney, dui defense lawyer, dui lawyer, dui penalties, dui repeat offender, dwi attorney maryland, dwi maryland, dwi penalties, DWI Second Arrest, howard county, howard county dui lawyer, impaired driving, jonathan scott smith, law, maryland, maryland drunk driving, maryland DUI law, maryland laws, md, road transport, sobriety checkpoint, traffic collision

Drivers Charged with DUI and Driving While Suspended in St. Patrick’s Day Sobriety Checkpoint

March 21, 2012 by jsmith

On St. Patrick’s Day, Howard County Police conducted a sobriety checkpoint. Two drivers were charged with drunk driving, and another was charged with driving while license suspended. The checkpoint was located on eastbound Maryland Route 175 at Columbia Gateway Drive. A total of 858 vehicles passed through, according to information provided by the Howard County Police. These are just a few of the many drivers charged with driving drunk, DUI, DWI, and driving while suspended in Howard County each year.

Howard County DUI Lawyer

Mr. Smith is a top rated drunk driving lawyer and former prosecutor with more than 30 years of experience in criminal law and drunk driving cases. Before going into private practice, attorney Smith worked as a Maryland prosecutor and learned how the state prepares criminal matters. He has handled 1,000’s of drunk driving cases. Mr. Smith knows the penalties for driving drunk are severe, and he aggressively fights for his clients charged with DUI drunk driving charges.

Drunk Driving Defense

We have protected the rights of thousands of people in court, and have a proven track record of success. Because of our reputation for thorough preparation and the highest level of personal service, many of our new cases come to us as referrals from other attorneys or from satisfied clients. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Mr. Smith’s extensive trial experience — and track record of successful results — 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 defense and DUI drunk driving attorneys in Columbia, Ellicott City, and Howard County.

For a private consultation, contact our office by e-mail or call us at 410-740-0101.

Learn more about Maryland DUI law, DUI Penalties and Selecting a DUI Lawyer.

Howard County Drunk Driving (DUI / DWI) Defense Practice

We handle all matters related to drunk driving charges, from the Motor Vehicle Administration (MVA) hearing to determine the status of your driving privileges, to the criminal proceeding to establish guilt or innocence and punishment. We represent people charged with their first DUI, as well as repeat offenders.

When you hire us to defend you against a charge of drinking and driving, we will conduct a thorough examination of the facts and circumstances of your arrest, starting with a determination of whether there was probable cause to make the traffic stop. We will review police reports and verify that field sobriety and blood alcohol or breath tests were done legally and properly. If legal errors were made, or your constitutional rights were violated, we will fight to prevent the prosecution from using the evidence and/or seek dismissal of charges.

We aggressively represent people charged with:

DUI, or driving under the influence of alcohol
DUI Per Se, or driving under the influence of alcohol per se
DWI, or driving while impaired by alcohol
Operating a vehicle while under the influence of drugs
Driving while under the influence of a controlled dangerous substance (CDS)

Contact Our Office

Filed Under: Criminal Defense, criminal defense lawyer, criminal lawyer, defense attorney, driving with suspended license, Drunk Driving, DUI, DWI, traffic charges Tagged With: columbia criminal defense lawyer, drinking and driving, driving under the influence, driving while impaired, Drunk Driving, drunk driving defense, DUI, dui lawyer, DWI, dwi defense lawyer, ellicott city criminal lawyer, ellicott city dui lawyer, howard county, howard county criminal defense lawyer, howard county dui lawyer, maryland dui lawyer, penalty for drunk driving

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
speedy-trial
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
constitution-2
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