| As of October 2009, things got much more difficult for | | | | may be eligible for what is known as probation before |
| drivers charged with operating a motor vehicle under | | | | judgment (PBJ). If you agree to a year of probation |
| the influence of alcohol – and the typical Maryland | | | | and attend an alcohol abuse education and |
| DUI attorney is finding him/herself busier than ever. | | | | rehabilitation program, your record will be cleared. |
| Here's a fact: almost one-third of all traffic fatalities in | | | | |
| the U.S. involve alcohol. Before new laws went into | | | | Refusal to Take a Blood Alcohol Test |
| effect in the state of Maryland, DUI penalties were | | | | You have the right to refuse a blood alcohol test, but if |
| relatively mild compared to the rest of the nation. Now, | | | | you do refuse, you may lose your driving privileges for |
| offenders face license suspension for up to a year, | | | | four months – or up to a year if it your second |
| harsher fines – and even jail time if one furnishes | | | | offense within ten years. In addition, you may face |
| alcohol to a minor. | | | | criminal penalties if someone was injured as well as |
| Drivers under the age of twenty-one who are | | | | substantial fines if a minor was in the vehicle at the |
| charged with DUI also face possession charges. | | | | time you were stopped. |
| The Legal System In Maryland | | | | Again however, this may be appealed before an ALJ, |
| Under Maryland state law, DUI cases are handled by | | | | who may modify the suspension, allowing the offender |
| county courts under a two-tier system. If the offender | | | | to drive to work, school or alcohol treatment on the |
| had a blood alcohol content (BAC) level of less than | | | | condition that an “alcohol interlock” – a device |
| .08, it is considered an “A” offense. If you are | | | | that requires the driver to blow into a breath analyzer |
| charged with DUI, you have the right to what is known | | | | before an automotive engine can be started – is |
| as an administrative per se (APS) before an | | | | installed in the vehicle. |
| Administrative Law Judge (ALJ). This judge has a fair | | | | |
| amount of discretion when if comes to suspension of | | | | Penalties |
| driving privileges; s/he can dismiss the suspension | | | | If you are convicted of either DUI or DWI, new laws |
| altogether, or make exceptions for driving to a place | | | | provide for fines of up to $3000 and jail sentences of |
| of employment. | | | | up to three years in addition to loss of driving privileges. |
| The second tier involves a BAC level of over .08. This | | | | Much of this depends on the circumstances |
| is actually called “driving while intoxicated” (DWI), | | | | surrounding the offense. Second and third offenses as |
| and is classified as a “B” offense. | | | | well as those involving a minor, carry larger fines and |
| If it is your first offense within a ten-year period, you | | | | longer sentences. |