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Maryland’s driving under the influence laws are complicated and often confusing to the public. However, a general understanding of how the laws operate can help people when faced with allegations of DUI.
Maryland statutes provide that a driver is presumed too impaired to drive if he or she operates a motor vehicle with a blood alcohol content of 0.08 percent or greater. Under the legal theory of implied consent, drivers are expected to submit to a blood-alcohol test if reasonable grounds exist for suspecting that a driver is under the influence of alcohol or drugs. Refusing to take the test may lead to a driver’s license suspension and other criminal penalties.
Penalties for a DUI
The minimum sentence for a first-time DUI conviction is a suspended license and fines. Other penalties may include alcohol education, substance abuse treatment and possible jail time.
Repeat DUI convictions increase the driver’s legal consequences dramatically. Anyone with more than one DUI conviction within a 5-year period is subject to an automatic yearlong driver’s license suspension. Following the 1-year suspension, people with repeat DUI offenses are also required to maintain an ignition-interlock device on all of their vehicles for a period of one year.
In addition to the burden of having to use the ignition interlock system, the driver must pay for the expense. A driver must be in severe financial hardship and provide documentation of such in order receive assistance paying the cost of the IID.
People with more than one DUI conviction also may be subject to increased fines and longer jail time. A second offense within a 5-year period is punishable by up to $2,000 and two years in prison. Third and further convictions result in fines up to $3,000 and three years in prison. A third offense also carries a mandatory 18-month driver’s license suspension.
Importantly, Maryland judges have discretion when imposing a sentence following a DUI conviction. Maryland uses sentencing guidelines rather than mandatory sentencing, which means that arguments that an individual should receive less than the guideline sentence may be made successfully in court, possibly resulting in a less harsh penalty if convicted.
Because of the complicated nature of Maryland’s DUI laws, consult a criminal defense attorney with experience defending DUI cases if you have been arrested for DUI.
Smartphones give people the ability not only to make a call, but text their friends, check Facebook, play games, order a movie, as well as “tweet” their favorite celebrities. However, this does not represent all potential uses of Smartphone technology. In fact, new applications have begun utilizing GPS technology to pinpoint DUI checkpoints and inform drivers so they may avoid them.
A quick search on the Android marketplace reveals applications such as “Fuzz Alert,” “PhantomAlert” and “Trapster.” However, these programs are surrounded by controversy even though thousands of people have already downloaded them.
DUI Checkpoint Apps: Apple Says No, but Google Says Yes
Apple’s iOS and Google’s Android are the two most widely used Smartphone operating systems. However, Apple and Google disagree whether these DUI checkpoint apps should be made available to the public.
The New York Times reports that Apple, according to its new app guidelines, will now reject any applications submitted to its marketplace that promote driving under the influence because the applications might allow drunk drivers to subvert legal processes. This was in response to a letter sent by a group of U.S. senators. The letter requested the apps be removed and rejected from mobile stores because they might encourage people to drive under the influence of alcohol.
Google, however, does not believe the apps violate their app content policies, nor will they change them even though they received the same letter from the senators.
Imperfect Apps and the Importance of DUI Defense Representation
These applications are not perfect and law enforcement officials have new technologies to fight back against potential DUI offenders. ABC reports that by the time these applications alert their user, the police usually have a driver’s speed and know who they are using enhanced laser radar. Thus, the programs could only be providing a false sense of security for drivers.
Maryland law enforcement and prosecutors are increasingly cracking down on drunk driving. People often make the mistake of believing they are okay to drive but end up getting behind the wheel intoxicated. Mistakes like this can bring serious DUI charges.
Those charged with DUI – whether they were using a DUI app or not – should speak with a qualified DUI defense attorney immediately to discuss their rights and options moving forward. Experienced criminal defense attorneys can explain legal options, defend against license revocation and possibly avoid or reduce jail time after a drunk driving charge.
