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 DRIVING UNDER THE INFLUENCE

Driving under the influence of alcohol (or drugs) is a crime that provides for penalties of incarceration, and if convicted as a second or subsequent offender the maximum amount of incarceration can be increased. In addition, Maryland provides for possible incarceration of up to 60 days for refusal to submit to a breath or blood test in certain circumstances. If a person who is licensed to drive by a State other than Maryland is convicted of driving under the influence in a Maryland Court, the Interstate Compact Agreement provides for the transfer of that conviction to the home licensing State. The result could be the suspension or revocation of the license in the home state of the licensee. Every state has unique laws in this regard. If the Court grants probation before judgment, removing the conviction from the record, there is no conviction to be forwarded to the other State. If the person is a Maryland licensee, the Maryland Motor Vehicle Administration will seek a suspension or revocation if there is a conviction and if probation before judgment is not granted.

In addition to possible criminal penalties of incarceration and fines, the person charged can also be subject to administrative license suspensions for refusal to submit to a breath or blood test or for submitting to a breath or blood test with a result of .08 or more. A test result of .07 or more creates a prima facie case (presumption) that the person is impaired by alcohol. Driving while impaired also is punishable by possible incarceration.

DEDICATED AND EXPERT LEGAL REPRESENTATION IN THESE CASES, LIKE ANY OTHER AREA OF THE LAW, IS LIMITED TO AN EXTREMELY SMALL PERCENTAGE OF LAWYERS TO SELECT FROM. IF YOU ARE CHARGED WITH DRIVING UNDER THE INFLUENCE, BY FAR THE MOST IMPORTANT DECISION YOU WILL MAKE IS THE SELECTION OF THE LAWYER TO REPRESENT YOU.
 

Practice Areas

Criminal Defense, including:

  • Drunk Driving

  • Driving under the influence

  • Assault

  • Drugs and narcotics charges

  • Theft

  • Disorderly conduct

  • Traffic offenses

  • Driving while suspended, revoked

  • Juvenile offenses

  • Motor vehicle hearings

  • Driver license issues

  • Bail and warrant issues

  • Conspiracy cases

  • Indecent exposure

  • Other criminal cases in State Court on Maryland’s Eastern Shore

  • Experience in over 40 Jury Trials

 

©2009 M. Dean Jenkins, Criminal Lawyer,
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