Frequently Asked DUI Questions

What is the difference between DUI & DWI?

According to Maryland law, you can be arrested for either driving under the influence (DUI) or for driving while intoxicated (DWI). Being charged with DUI is more serious and can happen if your blood alcohol content is at or above .08. If your blood alcohol content is at .07, you may be charged with a DWI for still being impaired. DUI penalties are usually harsher than those for a DWI and have more permanent implications.

Can I refuse the breathalyzer test?

You can, but the outcome isn't always very favorable. Maryland has an implied consent law, which means that every time you get behind the wheel, you consent to a chemical test if arrested. Should you refuse, your license can be suspended for at least four months for a first offense.

What are the penalties for a DUI conviction?

It depends on whether you have any prior convictions on your record. A first offense can bring you up to one year in jail, up to $1,000 in fines, and a suspended license for at least six months. DWI penalties are usually less severe. For second and third offenses, you can spend up to three years in jail, pay up to $3,000 in fines, go without a license for at least 18 months, and be required to use an ignition interlock device.

I think I was pulled over without probable cause-what does that mean for my case?

Police officers are required to have a reason for pulling you over, which is also referred to as 'probable cause.' Probable cause could be anything from running a red light to swerving between lanes. Without a reason, the odds of having your case overturned are much higher, especially with an experienced attorney fighting for your rights.

How many points go on my license if I am convicted?

Because a DUI conviction is so serious, the points are higher than for most other traffic offenses. 12 points will be automatically added to your driving record if convicted. This can quickly raise your insurance rates and put you at risk for additional points.

Do I need an attorney, even if this is my first offense?

Yes. Maryland has little tolerance for DUI, even for first offenders, and prosecutors make it difficult to get off without a conviction. You need a Rockville DUI lawyer who will build a strong case on your behalf and defend your innocence. Our firm has decades of combined experience, all of which we will put to use on your case.

For personal representation, call Kennedy & Dolan today to schedule your consultation.

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