Towson DUI Defense Lawyer

Charged with DUI or DWI in Maryland? Act Now

Facing DUI charges can be a very stressful experience for anyone. In the blink of an eye, a defendant faces the loss of their driver’s license, a criminal record, the loss of reputation, substantial fines, and potential jail time. If your blood-alcohol content (BAC) level comes back at or above the Maryland legal limit of 0.08%, it might feel like there’s no other choice but to plead guilty. At least, that’s what the District Attorney’s office would like you to think. 

The reality is that there are many ways to effectively mount a defense against DUI charges. The experienced DUI lawyer in our Towson office understands all the reasons these charges could be unjustified, and we know how to go about protecting your rights. 

Whether you're in Towson, Baltimore County or anywhere in the State of Maryland, we are uniquely positioned to represent your interests. Having worked with local courts, law enforcement officers, and prosecutors, we understand the tactics often employed against defendants and how to address them.

Call (410) 755-5801 or contact us online today to set up a free consultation with your local DUI attorney. We also serve defendants in Timonium, Baltimore, and the surrounding area.

Understanding Maryland DUI Laws and Penalties 

DUI, or driving under the influence, is generally charged when your blood alcohol concentration (BAC) is 0.08% or higher. However, being charged isn’t limited to alcohol consumption. You could also face charges for operating a vehicle while impaired by drugs, including prescription medications or controlled substances. 

DUI vs. DWI in Maryland: What’s the Difference? 

Many people use the terms DUI (driving under the influence) and DWI (driving while impaired) interchangeably, but in Maryland, they are distinct charges with important differences. 

• Driving Under the Influence (DUI) is considered the more serious of the two offenses and is charged when a driver has a BAC of 0.08% or higher. This charge applies to cases where a person is substantially impaired by alcohol or drugs.
• Driving While Impaired (DWI) is a lesser charge but still significant. It applies when a driver’s BAC is at least 0.07% but less than 0.08%, or when an officer determines that a driver’s abilities are impaired to some extent by alcohol or drugs.

Additionally, if a driver’s BAC is between 0.05% and 0.07%, there is no presumption of impairment, but this evidence can be considered alongside other factors to determine if the driver was impaired. 

Both DUI and DWI can carry harsh penalties, but the potential consequences for DUI are more severe. It’s also possible to face multiple charges simultaneously, depending on the circumstances of your case. Understanding the nature of your specific charge is critical to building an effective defense strategy. 

Special Categories and Thresholds

• Underage DUI (Under 21): Maryland has a "zero tolerance" policy for drivers under 21. It is illegal for them to drive with a BAC of 0.02% or higher.
• Commercial Drivers: For individuals operating a commercial motor vehicle (CDL holders), the BAC limit is 0.04% or greater.

Regardless of the specific charge, the immediate action of retaining a knowledgeable Towson DUI defense lawyer is paramount.

Penalties for DUI/DWI Convictions in Maryland

A DUI conviction carries serious penalties. The severity of your penalties may increase depending on aggravating circumstances, such as causing an accident or having a minor in the car at the time of your arrest. Maryland also enforces “implied consent” laws, meaning that refusing a breath or blood test can result in immediate administrative penalties, including a license suspension or mandatory enrollment in the Ignition Interlock Program. 

Maryland has a 10-year "look-back period" for prior DUI convictions, meaning any prior DUI offense within that timeframe will enhance your current charge for sentencing purposes. Additionally, prior DUI/DWI convictions within a 5-year period carry mandatory minimum jail sentences.

Here's an overview of potential penalties:

First DUI Offense (Misdemeanor)

• Jail Time: Up to 1 year in jail.
• Fines: Up to $1,000.
• License Revocation: Up to 6-month license revocation by the MVA.
• MVA Points: 12 points assessed on your driving record.
• Ignition Interlock Device (IID): May be required for a period of time, especially for high BACs or to avoid suspension.
• Alcohol Assessment & Program: May be required to participate in an alcohol abuse assessment and program.
• Probation: Possible.
• Probation Before Judgment (PBJ): For a first offense, a PBJ is often available, which, if successfully completed, avoids a conviction being entered onto your record for most purposes. This is a crucial outcome a Towson DUI attorney strives for.

First DWI Offense (Misdemeanor)

• Jail Time: Up to 2 months in jail.
• Fines: Up to $500.
• License Suspension: 6-month license suspension by the MVA.
• MVA Points: 8 points assessed on your driving record.
• Alcohol Assessment & Program: May be required.
• Probation Before Judgment (PBJ): Often available for a first offense.

Aggravating Factors that Enhance Penalties

• High BAC: BAC of 0.15% or higher, or especially 0.20% or higher, triggers additional mandatory minimum jail time for DUI.
• Child Passenger: Transporting a passenger under the age of 18 while DUI/DWI. A first offense DUI with a child passenger carries up to two years in jail and a $2,000 fine. A second offense carries up to three years and $3,000. Subsequent offenses can reach four years and $4,000.
• Accident/Injury/Death: Causing an accident, bodily injury, or death while DUI/DWI can lead to more serious felony charges such as vehicular manslaughter or vehicular assault.
• Refusal to Submit to Test: As noted above, refusal carries automatic, and escalating, administrative license suspensions.
• Drug Impairment: If the DUI is caused by drugs (illegal, prescription, or OTC), it carries the same penalties as an alcohol DUI, but proving impairment from drugs (especially without a specific "per se" limit) can be more complex.

The complexity and escalating nature of these penalties underscore the critical need for a strategic and aggressive Towson DUI attorney.