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.