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DUI Defense
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10 Things to Know and Do
DUI Arrest
Evaluation
Calculate BAC
Penalties
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E-Mail
Offices
by Appointment
8370 Veterans Highway
Suite 201
Millersville, MD 21108
Mailing
Address
Post Office Box 694
Columbia, MD 21045 Telephone
443-324-5289 Facsimile
410-729-4186
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DUI
Defense
Penalties
Unlike most
criminal proceedings, where you can only be punished once for each crime,
you may be punished up to three separate times
for one DUI/DWI!
The first set of penalties arise if you either refuses to take a Blood
Alcohol Concentration (BAC) Test, or you take the Test with a result of
.08 or more. Unless an MVA Hearing is requested, and the
suspension is successfully challenged, the State will take the following
action:
|
First
Offense |
|
Test
result of .08 or more¹ |
Refusal
to submit to test² |
45
day suspension
|
120
day suspension
|
|
Second
or Subsequent Offense |
|
Test
results of .08 or more¹ |
Refusal
to submit to test² |
|
90
day suspension |
1
year suspension |
|
¹
If you did not
refuse the test, the suspension may be modified for travel to work,
school, and/or alcohol treatment if you have not been convicted of
DUI/DUI or had a license suspension within the prior 5 years.
²
If
you refused the test, the suspension may be modified for travel to
work, school, and/or alcohol treatment if you have not been
convicted of DUI/DUI or had a license suspension within the prior 5
years and you participate in the Ignition Interlock System
for at least 1 year. |
The second penalty phase
arises if you are found guilty of DUI/DWI. As you can see from the
following chart, the penalties are quite serious if found guilty.
|
First
Offense |
|
DWI |
DUI |
| 60 days
in jail |
1 year
in jail |
| $500.00
fine |
$1,000.00
fine |
| 8 Points |
12 Points |
|
If a
minor is in the vehicle while driving, maximum penalties increase to
6 mo. and/or $1,000 for DWI and 2 yrs. and/or $2,000 for DUI.
|
|
Second
Offense¹ |
|
DWI |
DUI |
| 1 year in
jail² |
2 years in
jail² |
| $500 fine |
$2,000
fine |
| 8 Points |
12 Points |
|
If
a minor is in the vehicle while driving, maximum penalties increase
to
1 yr. and/or $2,000 for DWI and 3 yrs. &/or $3,000 for DUI.
If a person is convicted of DUI within 5 years of a prior DUI, there
is a minimum sentence of 5 days in jail or 30 days of community
service. The person must undergo a comprehensive alcohol abuse
assessment.
|
|
Third
or Subsequent Offense¹ |
|
DWI |
DUI |
| 1 year in
jail² |
3 years in
jail² |
| $500 fine |
$3,000
fine |
| 8 Points |
12 Points |
If
a minor is in the vehicle while
driving, maximum penalties increase to
1 yr. and/or $2,000 for DWI and 4 yrs. &/or $4,000 for DUI.
If a person is convicted of DUI within 5 years of a prior DUI, there
is a minimum sentence of 10 days in jail or 60 days of community
service. The person must undergo a comprehensive alcohol abuse
assessment.
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¹
Probation Before Judgment not available within 3 years of prior
DUI/DWI conviction.
²
Mandatory
minimum 48 hours in jail or 80 hours of community service within 3
years of prior DUI/DWI conviction. |
Finally, if you are found
Guilty of DUI/DWI, and you do not
receive the benefit of Probation before Judgment, you face either 8 or 12
points on your drivers license, which likely cause the MVA to either Suspend
or Revoke your drivers license a second
time!
Complete the
FREE DUI Arrest Evaluation,
and Mr. Athen will contact you within one business day to discuss your
case.
While some law firms substitute attorneys,
(imagine walking into court to see someone that you have never
met there to represent you!) when you hire
Scott Athen to represent you in court, you get Scott Athen!
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