Maryland Probate

In October 2009, things were much more difficult for drivers charged with driving a motor vehicle under the influence of alcohol - the type and Maryland DUI lawyer is to find himself busier than ever.

Here's a fact: almost one third of fatal accidents in the U.S. alcohol. Before the new laws came into force in the State of Maryland, DUI penalties have been relatively mild compared to the rest of the nation. Now, offenders face license suspension for one year, more severe penalties - and even jail if they provide alcohol to a minor.

Drivers under the age of twenty-one accused of drunk driving also face charges of possession.

The Legal System of Maryland

Under Maryland law, DUI cases are handled by county courts under a two-tier system. If the offender had a blood alcohol concentration (BAC) level less than .08, it is considered an "A" offense. If you're charged with driving while impaired, you are entitled to what is known as an administrative per se (APS) before an Administrative Law Judge (ALJ). This judge has a great deal of discretion when it comes to cases of suspension of driver's license / s, it can reject the suspension completely, or make exceptions for driving to a workplace.

The second level involves a BAC of over .08. It is actually called "driving while intoxicated" (DWI), and is considered a "B" offense.

If this is your first offense within ten years, you may be eligible for what is known as pre-trial probation (PBJ). If you commit to one year probation and attend an alcohol education and rehabilitation program, your file will be deleted.

Refusal to take an alcohol test

You have the right to refuse an alcohol test, but if you refuse, you could lose your driving privileges for four months - or until one year if your second offense within ten years. In addition, you can face criminal penalties if someone was injured as well as substantial fines if a minor was in the vehicle at the time you were arrested.

But again, this can be appealed to an administrative law judge, who may modify the suspension, which allows a person to get to work, school or alcohol treatment provided a detector alcohol "- a device that requires the driver to blow into a breath analyzer before a car engine can be started - is installed in the vehicle.

Penalties

If you are convicted of impaired driving or CFA is, new laws provide for fines up to $ 3,000 and imprisonment up to three years in addition to the loss of driving privileges. Much of this depends on the circumstances surrounding the offense. second and third offenses and those involving a minor, make larger fines and longer sentences.