DUI Charges in Ocean City, Maryland
The following is taken from an interview with Ocean City DUI lawyer Angie DiPietro as she discusses driving under the influence in Maryland. To learn more about driving under the influence or to discuss your case call today and schedule a free consultation.
What Constitutes Driving Under The Influence in Ocean City, Maryland?
It’s the same law as that in the rest of the state of Maryland, which means it can be proven essentially in two different ways. The offense would include driving a motor vehicle, and doing so with having consumed enough alcohol that the person’s coordination is greatly impaired.
That can be established by a breath test result. Ocean City uses the same standards as throughout the state, which is if the person takes the test and blows and .08 or greater, that can establish that they are driving under the influence of alcohol.
But you do not need to blow a 0.08 to get charged. In fact, the officers will charge, oftentimes with or without a breath test result.
The breath test is just one way to establish that the person is driving under the influence. The officer can testify to his or her observations of the person’s coordination. And so that in and of itself could be enough for a judge to convict the person of the DUI.
If they stop a vehicle or they come in contact with the driver, and they conduct an investigation, and they determine that they believe that the person’s coordination is impaired by alcohol, they can go ahead and charge that driver with DUI.
They do not have to have the breath test result in order to do that. But the breath test result certainly is, from the police officers perspective, icing on the cake. With most judges, if they hear that there is a breath test result, that’s going to be it unless you can dispute the validity of the breath test. They’re going to be more inclined to convict somebody.
What Constitutes Driving While Impaired?
Driving while impaired is different, in that it’s a lower standard than driving under influence. In order to convict somebody of driving under the influence, the State would have to prove that that person’s coordination was greatly impaired.
In order to convict somebody of a driving while impaired, the state needs to show that the person’s coordination was impaired. It’s a difference of degrees that your coordination is affected versus your coordination is greatly affected.
Can You be Charged With a DUI, DWI From Impairment From Drugs?
Yes. The person can be charged with driving under the influence of alcohol or a controlled substance. They can even be convicted of driving on medication that they are prescribed if the taking of that medication impacts their ability to operate a motor vehicle. It doesn’t matter that the person was legally prescribed the medication.
They can’t take it and operate a car if it’s going to affect their ability to drive a car. So a person can be convicted of or charged with driving under the influence of alcohol and or drugs.