Archive for October, 2010
Maryland Criminal and DUI Defense Firm Comes to Rockville, Maryland
October 31st, 2010 | 
Author: The Law Offices of David Benowitz are excited to announce the opening of a new office in Rockville, Maryland.
Published Oct 27, 2010.
Read more: PRWeb via Yahoo! News
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Why you Need a Qualified DC DUI Lawyer
Driving whilst under the influence of alcohol (DUI) is considered a very serious offence in Washington DC and the outcome of any court cases can have wide ranging repercussions. It is important then that should you be facing a charge of DUI that you seek to hire a qualified DC DUI lawyer to represent you.
Determining whether a driver is DUI depends on the results of a serious of tests. Firstly the arresting officer who stops a car must have cause to suspect the driver of being under the influence, they may have observed them driving erratically, can smell alcohol on their breath or the driver appears to be impaired. They may then be asked to perform a series of field sobriety tests the results of which may give the police officer enough cause to arrest the driver on suspicion of being DUI.
There then follows a blood alcohol test which will determine the level of alcohol in the blood stream at the time. The minimum permitted level is .08% anything above this will result in a charge of DUI being given. Drivers do not have to consent to this test, however they should be warned that refusal to give a sample can result in further civil charges being brought and that they can face having their license suspended for one year. Refusal to give a sample of breath or blood can also be presented at court as an admission of guilt.
Hiring an experienced DC DUI lawyer will give you the best possible chance of obtaining the lowest possible penalty giving the circumstances of your case. Your first meeting may be free of charge and you should use it to firstly explain your case, to understand the charges against you and the legal process you face. It is also important that you find out from the lawyer the level of their experience, whether they only deal with DUI cases and if they will be the one to represent you or if they will pass it on to someone else.
Typical punishments for DUI cases in Washington DC range from fines of $300 to $10,000 and jail terms of up to 25 days. There is also the option of having an ignition interlock device fitted into the defendant’s vehicle which will prevent them from starting the vehicle unless their breath is alcohol free.
A good DC DUI lawyer will also explain the likely outcome of the court case. First time offenders in DC have the option of attending a DUI diversion program which in successful completion can result in the charge being struck from the record. For those with previous convictions for DUI the penalties will be harsher particularly if the blood alcohol level is very high, in these cases finding a good DUI lawyer is always advisable.
Originally published here.
Mr. Venils spends his free time researching and blogging about DC DUI laws, his mentor is a prominent DC DUI lawyer .
DUI Attorney and Drunk Driving Penalties
If you have been charged with driving under the influence, you need all the help you can get — which is where the services of a Maryland DUI attorney can help mitigate the damage.
Are you aware of your rights under Maryland law if charged with driving under the influence?
If This Is Your First Offense . . .
Under new Maryland drunk driving laws that took effect on 1 October 2009, if you are convicted of drunk driving for the first time and your blood alcohol content (BAC) level was over .08, you could be sentenced to a jail term of up to a year and fined as much as $1000. If you were transporting a minor at the time of the offense, these penalties can be doubled. In addition, your driving privileges will be suspended for a minimum of six months.
Subsequent Offenses
Fines and jail sentences increase substantially after the first conviction. After a third conviction, the offender faces a $3000 fine, three years in jail and loss of driving privileges for a minimum of eighteen months. If however, the offender was transporting a minor at the time, jail terms and fines are increased by one-third (so, $4000 and four years). The greater penalties also apply if injury or death is involved — in addition to any criminal or civil penalties.
Stricter Standards
Minors and commercial drivers are held to much stricter standards when it comes to driving and alcohol.
In the state of Maryland, it is illegal for persons under the age of 21 years to possess or consume alcoholic beverages. Therefore, a minor can be charged and convicted for drunk driving if any amount of alcohol is found in the system; a BAC level of .02 carries a $500 fine. In addition, the individual faces minor-in-possession charges.
Because of their responsibility for public safety, commercial drivers are also subject to lower BAC limits; .04 is sufficient to warrant conviction on a drunk driving charge.
Other Things to Know
Although the Constitution states that one is innocent of a crime until proven guilty in a court of law, Maryland’s Implied Consent law provides for what amounts to a legal exception when it comes to drunk driving offenses. If stopped on suspicion of drunk driving, you have the right to refuse to submit to testing (blood, breath or urine); however, your driving privileges are automatically revoked for a period of four months for the first refusal and one year for subsequent refusals.
Contacting a Lawyer
DUI and DWI cases are handled on the county level, and procedures vary from one county to the next. It is therefore important to get counsel from a legal professional who is familiar with the courts of the county in question.
A DUI lawyer may be able to get your driving privileges restored under certain conditions; for example, you may be allowed to drive to and from work if you install an interlock (a device that disables a car’s ignition if alcohol is present in the driver’s system). You may also avoid jail time for a first offense by enrolling in an alcohol treatment program.
Originally published here.
Learn more about alcohol related driving offenses and your rights by going to http://marylandduiattorney.org.
