12.10.07

Maryland DWI FAQ

Below are a list of questions and answers resulting relating to DWI laws in Maryland.

What is a DWI?

A DWI is commonly referred to: driving while impaired or driving while intoxicated. If you have consumed over a limit of .07 and less than .08 it could result in an arrest and charge of a DWI.

Are DWI's considered Misdemeanors or Felonies?

A 1st and 2nd DWI offense are considered misdemeanors. A third plus offense is considered a felony.

What are the penalties for a Maryland DWI / DUI?

DWI
  • Jail Time - 60 days
  • BAC greater than .07 and less than .08
  • $500 for a first offense (1st)
  • 8 points on your driving record
  • Possible suspension of your drivers license
DUI
  • Jail Time
  • BAC .08 and higher
  • $1,000 for a first offense (1st)
  • $2,000 for the second offense (2nd)
  • $3,000 for the third offense (3rd)
  • 12 points on your driving record

What does BAC mean?

BAC is the abbreviations for Blood Alcohol Content. BAC is used in determining whether an individual is intoxicated.

How is BAC calculated?

BAC is calculated by several different factors. These factors include weight, gender and duration. Duration means how many drinks were consumed over a certain period of time.

What are my legal rights when pulled over for a DWI in Maryland?

If you are pulled over for a DWI in Maryland your rights include: the right to speak with an attorney, the right not to answer questions from the arresting officer, the right to deny a field sobriety test and the right not to take chemical tests.

What are field sobriety tests?

When you are pulled over for a DWI the arresting officer will ask to perform different types of "field sobriety tests." These tests are used to determine if you have consumed over the legal limit of alcohol. These test could include leg stands, walking in straight lines, counting on your fingers, pen light tests and Breathalyzers.

If I decline a field sobriety test what will happen to me?

If you decide to deny a field sobriety test the officer will normally assume you are guilty of drinking and driving and arrest you.

Do I have the right to speak with a DWI lawyer prior to taking a field sobriety test?

Maryland DWI law allows you to first consult with an attorney prior to taking a field sobriety test. However, the test will need to be within a certain time frame. The time frame for taking a field sobriety test in Maryland is 2 hours from time the officer pulled you over.

Why do I have to go to court twice?

When you are charged with a DWI in Maryland you will go to court twice. The first hearing is the Motor Vehicle Administration Hearing. At this hearing your attorney will fight to keep your license from suspension. The second hearing is the criminal hearing. At this hearing, your lawyer will handle the criminal aspect of the charge.

What is a PBJ?

PBJ stands for Probation Before Judgment. Often times a PBJ is negotiated prior to a criminal trial. When someone elects to a PBJ they are assumed guilty of the DWI and put on probation. If probation is completed without violations of the probation, the charge will not show up on the persons driving record.

If I get a PBJ in Maryland will I receive points?

If you get a PBJ in Maryland and you don't violate probation, points will not show up on your driving record.

Why is my attorney recommending me to take alcohol classes prior to court?

Most Maryland DWI lawyers recommend their clients to sign-up for drug and alcohol classes prior to the proceeding. This is typically used as a tool during the sentencing, if the person is found guilty of the DWI. Once a person is found guilty of a Maryland DWI they will proceed with sentencing. If the judge sees you have completed alcohol and drug classes he or she may be more forgiving during the sentences. This could result in lesser charges, lesser fines and most importantly keeping you out of jail.

What should I look for when searching for a DWI lawyer in Maryland?
  • Experience in handling DWI cases in Maryland
  • Aggressive in handling cases during both the MVA Hearing and Criminal Trial
  • Reputation of a solid DWI lawyer
  • Integrity
  • You should be able to easily communicate with your attorney
  • Your attorney should be available to you at all times to answer questions
How much does it cost to hire legal representation for a DWI lawyer?

There are several factors that can determine the cost of a DWI lawyer. The factors can include the complexity of the case; was it a 1st offense, 2nd offense, 3rd offense and so on. Other determinations include the experience of the attorney, the location of the arrest and were there other charges that resulted from a DWI.

Can I handle a DWI case myself?

Legally you can handle your own DWI case but we highly recommend against it. A Maryland DWI charge is a serious offense and it is critical that you have experience legal representation.

I am currently evaluating DWI attorneys in Maryland, but don't want to pay for the consultation. Does your firm offer free initial consultations for DWI cases?

Yes- In fact, our attorneys will spend as much time with you as necessary. We will answer all your questions and consult with you regarding next steps. Furthermore we don't set time limits on our consultations. We want to provide you with the information you need so you can make the best decision in hiring an experienced DWI Lawyers.

I have spoke with several different DWI lawyers in Maryland and they require I come to their office to discuss my case. I would much rather have this free consultation over the phone. Does your firm have require in person meetings?

The majority of our consultations are first done over the phone. While we recommend an in person meeting, its not required. If you don't have transportation, but would still like an in person meeting, often times we will visit you. Our goal is to provide you with the information you need and answer your questions in a timely manner.

I am interested in speaking with a DWI lawyer. How can I set up a meeting with your firm?

If you are interested in a free legal consultation, simply call our law offices at 410.620.0443 or email us at lawguy4@yahoo.com.


Phone: 410.620.0443
Email: lawguy4@yahoo.com

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Our Attorneys are taking Maryland DWI cases throughout MD. This are a list of counties in which we represent: Allegany County, Anne Arundel County, Baltimore County, Baltimore City, Calvert County, Caroline County, Carroll County, Cecil County, Charles County, Dorchester County, Frederick County, Garrett County, Harford County, Howard County, Kent County, Montgomery County, Prince Georges County, PG County, Queen Annes County, Saint Marys County, Somerset County, Talbot County, Washington County, Wicomico County and Worcester County.