Dunkirk DUI/DWI Defense Lawyer

How can we help?

• How does a DUI differ from a DWI in Maryland?
• What are the criminal penalties for a DUI or DWI in Dunkirk?
• How does a DUI/DWI conviction in Dunkirk affect your driving privileges?
• How does probation before judgment (PBJ) work in Dunkirk?
• What defenses may be raised in a Dunkirk DUI case?
• Do you have a Dunkirk DUI/DWI defense lawyer near me?

How does a DUI differ from a DWI in Maryland?

In Maryland, the terms DUI (Driving Under the Influence) and DWI (Driving While Impaired) refer to different levels of alcohol or drug-related impairment while operating a motor vehicle. The primary difference between DUI and DWI lies in the level of impairment and the corresponding legal consequences:

1. DUI (driving under the influence): A DUI in Maryland typically refers to a more severe level of impairment, where the driver’s blood alcohol concentration (BAC) is 0.08% or higher for adults over 21 years old. For commercial drivers, the legal limit is 0.04%, and for drivers under 21 years old, any detectable amount of alcohol can result in a DUI charge. A DUI is considered a more serious offense than a DWI and carries harsher penalties.
2. DWI (driving while impaired): A DWI in Maryland refers to a lesser degree of impairment, where the driver’s BAC is between 0.07% and 0.079%. While the driver’s BAC is below the legal limit for a DUI, it still indicates impairment. Additionally, a DWI can also be charged when a driver is impaired by drugs, regardless of their BAC level. While a DWI is considered a lesser offense compared to a DUI, it still carries significant legal consequences.

The key distinction between DUI and DWI in Maryland lies in the level of impairment as indicated by the driver’s BAC or the presence of drugs. Both offenses are serious and can result in penalties such as fines, license suspension, mandatory alcohol education programs, and even jail time. It’s essential if you’re facing DUI or DWI charges to seek immediate legal representation from our experienced DUI defense attorney to understand your rights, explore potential defenses, and navigate the legal process with confidence.

What are the criminal penalties for a DUI or DWI in Dunkirk?Top of Form

The penalties for a DUI conviction include:

• First offense – up to 1 year in jail and/or $1,000 in fines, 12 points on your license
• Second offense – up to 2 years in jail and/or $2,000 in fines, 12 points on your license

The penalties for a DWI conviction include:

• First offense – up to 2 months in jail and/or up to $500 in fines, 8 points on your license
• Second offense – up to 6 months in jail and/or up to $1,000 in fines, 8 points on your license

Prison time and fines increase for subsequent violations, and penalties also increase if the driver was transporting a minor.

How does a DUI/DWI conviction in Dunkirk affect your driving privileges?

A DUI/DWI conviction can have significant implications for your driving privileges. The specific consequences depend on various factors, including the nature of the offense, your prior driving record, and the discretion of the court. However, here are some ways a DUI/DWI conviction can affect your driving privileges:

• License suspension or revocation: Upon a DUI/DWI conviction, your driver’s license is typically subject to suspension or revocation. The length of the suspension or revocation period varies depending on factors such as the number of prior offenses and whether aggravating circumstances were involved.
• Ignition interlock device (IID) requirement: In some cases, particularly for repeat DUI/DWI offenders or individuals with high blood alcohol concentrations, the court may order the installation of an Ignition Interlock Device (IID) as a condition of regaining driving privileges. An IID requires the driver to pass a breath test before starting the vehicle.
• Restricted driving privileges: In certain situations, the court may grant restricted driving privileges during the license suspension or revocation period, allowing you to drive to work, school, medical appointments, or other essential activities. However, these restrictions are typically limited in scope and subject to strict conditions.
• Alcohol education and treatment programs: DUI/DWI offenders may be required to participate in alcohol education or treatment programs as a condition of license reinstatement. Completion of these programs may be necessary to demonstrate rehabilitation and responsible driving behavior.
• License points and insurance: A DUI/DWI conviction often results in the accumulation of points on your driving record, which can lead to increased insurance premiums and potential loss of coverage. Additionally, certain insurance providers may refuse to provide coverage to individuals with DUI/DWI convictions.

A DUI/DWI conviction can have far-reaching consequences for your driving privileges, personal finances, and life. Seek legal guidance from an experienced Dunkirk criminal defense attorney to understand your rights, explore potential defenses, and minimize the impact of a DUI/DWI conviction on your life.

How does probation before judgment (PBJ) work in Dunkirk?

Probation Before Judgment (PBJ) in Maryland offers a unique way for some individuals to handle certain criminal charges. Essentially, it lets the court defer any decision on guilt or conviction. Instead of entering a guilty plea, you agree that there’s enough evidence for a conviction. Then, you enter a probationary period with specific rules set by the court, like attending alcohol education programs or doing community service. If you follow these rules and complete the probation successfully, the charges are dismissed without a formal conviction on your record. However, even though PBJ doesn’t lead to a conviction, it might still show up on background checks. If you violate probation, the court can cancel the PBJ and enforce the original sentence. Eligibility for PBJ depends on factors like the nature of the offense and the court’s discretion, and not all offenses qualify.

It’s important for those facing criminal charges to understand PBJ and its implications. Seeking help from a skilled Dunkirk DUI/DWI defense attorney is vital in navigating this process effectively. A good attorney can review your case, explain available options, and work toward the best possible outcome. With the right legal guidance, you can move through the criminal justice system with confidence, aiming for a favorable resolution to your case.

What defenses may be raised in a Dunkirk DUI case?

In a DUI case, several defenses may be raised to challenge the prosecution’s evidence and potentially mitigate or dismiss the charges. Some defenses we commonly employ include:

• Lack of probable cause: If law enforcement officers did not have a valid reason to stop or detain you, it may be possible to challenge the legality of the traffic stop or arrest. Without probable cause or reasonable suspicion, evidence obtained during the stop may be deemed inadmissible in court.
• Improper field sobriety tests: Field sobriety tests, such as the walk-and-turn or the horizontal gaze nystagmus test, are subjective and can be influenced by various factors. We may challenge the accuracy or reliability of these tests, especially if they were conducted under improper conditions or if the officer failed to administer them correctly.
• Inaccurate breath or blood tests: Breathalyzer and blood tests are commonly used to measure blood alcohol concentration (BAC). However, these tests can be affected by various factors, such as calibration errors, improper administration, or medical conditions. We may challenge the accuracy and reliability of these tests through expert testimony or evidence of testing irregularities.
• Violation of Miranda rights: If law enforcement officers fail to properly advise you of your Miranda rights (right to remain silent, right to an attorney), any statements you make during interrogation may be deemed inadmissible in court.
• Chain of custody issues: In cases involving blood tests, we may challenge the chain of custody of the blood sample, questioning whether proper procedures were followed to ensure the integrity and reliability of the sample.

It’s important to note that the effectiveness of these defenses depends on the specific circumstances of each case and the evidence available. If you’re facing DUI charges, you should seek immediate legal representation from the experienced DUI defense attorney at Carey Law Office to assess your case, explore potential defenses, and advocate for the best possible outcome.

Do you have a Dunkirk DUI/DWI defense lawyer near me?

Carey Law Office serves clients out of their Dunkirk office at 10425 Southern Maryland Blvd., #201, Dunkirk, MD 20754. If necessary, we can meet you at a correctional facility or other location. We are happy to assist you in whatever way you need.

Aggressive Dunkirk DUI/DWI defense lawyer on your side

If you’re facing DUI/DWI charges, seek the guidance of a dedicated Dunkirk DUI/DWI defense attorney who can protect your rights and fight for your future. Our team will examine the details of your case, challenge the prosecution’s evidence, and explore all available defenses to pursue the best possible outcome. With support and advocacy, we’ll stand by your side every step of the way, working tirelessly to mitigate the consequences and safeguard your future. Call Carey Law Office or use our contact form to schedule a consultation today to discuss your case with a dedicated attorney.