Maryland Driving While Impaired Lawyer
The difference between and DUI and a DWI is a matter of degrees. A DWI means that the driver was operating a motor vehicle and had consumed alcohol to the point where the driver’s coordination was impaired. A DUI means that the driver has consumed so much alcohol that coordination is greatly impaired.
It is a slight difference that is going to be very factually based making it important that a Maryland driving while impaired lawyer is consulted. Because while a DWI might be a person who makes a traffic violation has relatively good balance but doesn’t do so well on the field sobriety test, a DUI typically involves someone who potentially doesn’t have as good a balance and doesn’t do as well on the field sobriety test. In some cases there is a small line between being charged with DWI and DUI, which makes it important that a Maryland DUI lawyer is consulted.
BAC Requirements For a DWI Charge
As far as the BAC requirements, if the driver agrees to take the breathalyzer test, and they blow a 0.08 or greater, then that test result can be prima facie evidence that the person is driving DUI. The breath test result in of itself is something that the judge can consider and make the presumption that the person is DUI.
If the person takes the breath test and blows at least a 0.07 but less than 0.08 then the judge can consider that to be prima facie evidence that the person was DWI. So the breath test result can make a distinction for a judge, a factual distinction as to whether or not the person is DUI or DWI.
As an experienced DWI attorney in Maryland can tell you, the breath test results can make a huge difference in what sort of plea the prosecutor might offer. In some jurisdictions, if you blow a 0.08 the plea officer would be only to the DUI. The prosecutors will not consider anything less, but in other jurisdictions if you blow a 0.08 the prosecutor may still offer the defendant the opportunity to plea to the lesser offenses of DWI. In these cases, it really just depends on what the officer’s testimony would be about the person’s level of impairment.
Penalties For Driving While Impaired
The penalty for a DWI is a maximum of 60 days in jail and/or a $500 fine. And it carries fewer points at the MVA if the person is convicted. A DUI carries a maximum penalty of a year in jail and/or $1000 fine and carries more points than the DWI so the MVA can assess more points if the individual is convicted of a DUI.
Importance of Hiring a Maryland Driving While Impaired Lawyer
It’s important to hire somebody with experience because experience is what helps a driving while impaired attorney in Maryland know all of the things that should be looked for and potential challenges that could arise during a DWI case.
An experienced DWI lawyer is going to make sure that the defendant is participating in continuing legal education and making sure that she is staying on top of any changes in the law or any changes in the case law. That is just the difference between somebody who has done five DUIs than somebody who has done 50 DUIs or 250 DUIs and however many the case may be.
DUI law is complicated. It involves understanding the science of the breathalyzer machines. It involves having a working knowledge of constitutional law as it applies to DUIs and DWIs. It requires a working knowledge of standardized field sobriety tests. It’s a lot of information and it is information that an attorney has got to stay updated on and that’s the sort of experience that you should be looking for if you need an attorney for a DWI.