Are you facing DUI/DWI charges in the State of Maryland? These serious crimes can carry serious penalties, including license revocation and jail time. Seeking an experienced attorney ensures you have someone with you who understands the intricacies of these charges and knows how to fight back.
At Kunka Law, we have extensive expertise in DUI/DWI cases and offer unparalleled legal representation to clients across locations including Anne Arundel, Howard, Baltimore, and Fredrick counties in Maryland. Whether you want help with your case or are seeking representation for a loved one, our expert and client-focused approach could make this journey easier for everyone involved.
What is the Difference Between A DUI/DWI?
The terms DUI (driving under the influence) and DWI (driving while intoxicated) are often used interchangeably, but they’re treated as very different offenses in the State of Maryland. While these charges both loosely refer to the act of drunk or drug driving, they each carry different penalties and levels of severity. They also require very different approaches to defense.
From the moment you get in touch with our team, we’ll work to understand the exact nature of the charges you’re facing, which can be broadly defined as follows –
- DUI: DUIs are the most serious impaired driving offenses in Maryland, and occur when an individual has a blood alcohol level (BAC) of 0.08% or higher and is seen as being in control of a vehicle.
- DWI: DWIs are generally treated with less severity, and occur when an individual in control of a vehicle has a BAC of 0.07% or higher.
Understanding Drunk Driving Laws In Maryland
The severity of a DUI/DWI will depend on everything from whether or not this is your first offense, to your BAC level, and the circumstances surrounding your arrest. While DUIs typically carry more severe penalties, both offenses can result in jail time.
For first-time offenders, drunk driving laws in Maryland can result in penalties as follows -
- DWI:
- Maximum 6-month license suspension
- Fines up to $500
- 8 points on your driving license
- Up to 60 days in jail
- DUI
- 6-month revocation of driving license
- Fines up to $1,000
- 12 points on your driving license
- Up to 1 year in jail
If this is your second or third offense, you could face as long as two years in jail, as well as a $2,000 fine. Equally, individuals who have committed four or more offenses could face as long as ten years of jail time for both DUI and DWI offenses.
License Suspension Procedures in Maryland
The loss of your license may be a serious concern if you are facing DUI/DWI charges in Maryland. Unfortunately, license suspension is typical in cases of this nature, but the severity of a suspension will depend on the exact nature of your crime.
As well as suspending your license during a conviction, Police can suspend your license based on refusal to complete a chemical test. As such, license suspension procedures in the State of Maryland can include:
- DUI/DWI conviction: 6-month suspension/revocation for first offenses, 9-month suspension/revocation for second offenses,12-month suspension/revocation for third offenses.
- Test refusal: 270-day suspension for first offenses, 2-year suspension for second or third offenses.
- Test failure 0.08 to 0.15 percent: Standard 180-day suspension
- Test failure at 0.15 percent or over: 180-day suspension for a first offense, 270-day suspension for a third or second offense.
The impact of a license suspension can be long-lasting and may include escalating public transport costs, loss of work, and even higher insurance rates when you return to driving.
That’s why our team will work with you to avoid or reduce license suspension where possible. We’ll also talk you through all possibilities so that an unexpected license suspension or revocation is less likely to have a lasting impact on your life.
What Does ‘Actual Physical Control’ Mean?
In Maryland, you can be charged with a DUI, even if you aren’t actively driving at the time. To gain a conviction, police simply need to prove that you had ‘Actual Physical Control’ while in a vehicle and intoxicated.
You’ll naturally be confused if you’ve received a DUI simply from sitting in a parked vehicle, but a conviction is still possible if –
- You were sitting in the driver’s seat
- You were holding the keys to the vehicle
- The car was running/the headlights were on
- You were illegally parked
Police will also need to provide compelling evidence for a conviction that might include:
- Intent to Drive
- Impairment
- Where your car was parked (e.g. privately/illegally or on a public road)
Potential Defences for DUI/DWI Charges in Maryland
It’s natural to feel overwhelmed by DUI/DWI charges, but a strong defense team can help to either reduce sentencing severity or clear your name altogether in the case of wrongful charges.
As well as guiding you through legal proceedings with your best interests at heart, our team will help to address any concerns you may have, such as wrongful accusations of Actual Physical Control, or procedural issues with how your case has been handled.
Admittedly, DUI charges with provable BAC findings of 0.08 or more are harder to defend against, but possible defenses could still include –
- Challenging Evidence: It is possible to challenge the evidence provided by blood test results, based on factors like faulty equipment or problematic test administration.
- Lack of Observation: Officers are required by law to conduct 15-minute observation periods for signs of intoxication before completing a breathalyzer test. If this did not happen, then it’s possible to question whether or not they had probable cause to test you.
- Constitutional Violations: If you experienced any constitutional violations during your arrest, such as unreasonable searches or violations of your rights, then this could help with your defense.
- Challenging Opinions: DUIs, especially those based on parked offenses, are often a matter of an officer’s opinion of your intent to drive. It may be possible to disprove this if, say, you were actually collecting something from your car at the time.
- Disproving Intoxication Claims: Officers will often suspect intoxication based on factors like slurred speech and red or watery eyes. If these symptoms were present because of allergies or other medical conditions, we can present this in court.
- Challenging the Stop: It may also be possible to defend DUI/DWI charges if we can challenge the stop by suggesting that the police lacked probable cause to stop or arrest you in the first place.
How Can Kunka Law Help?
At Kunka Law, we approach every DUI charge with a compassionate and strategic approach. We also understand that every single DUI case is unique, and will help to build a defense based on –
- Investigating the Details: Our team will work closely with you to understand the circumstances of your arrest, as well as anything that concerned you at the time. We’ll approach these conversations with understanding to ensure you always feel safe in our office. We’ll also investigate the on-paper details of your case so that we’re able to prepare a well-researched, effective defense.
- Suppressing Unlawful Evidence: Unlawful evidence may have been used in your case without your knowledge. We’ll get to work filing motions to prevent that evidence from being used, which could help your case or result in reduced penalties.
- Advocating for Reduced Charges/Alternative Sentencing: We want the best for our clients, and that means advocating for reduced charges, or alternative sentencing that could avoid more severe and distressing penalties like time in prison. This makes it easier for you to get back to your life as soon as all this is over.
- Being There for You: Having your day in court is nerve-wracking, so we also make sure that you never feel alone in this process. Instead of arriving at court alone, you can walk into that room alongside an attorney who knows every element of your case and is ready to fight for your right to freedom.
Meet Matt Kunka, A Maryland Trial Attorney
At Kunka Law, we have a team headed by Matt Kunka, a criminal defense attorney in Maryland. Matt Kunka offers unprecedented legal defense across Glen Burnie and Columbia and has over 20 years of experience with great results in practice areas including misdemeanors, traffic tickets, and DUI/DWI cases.
Matt Kunka’s extensive expertise in traffic violations makes him the ideal attorney to have on your side as you face down DUI charges. He also knows everything there is to know about Maryland’s legal landscape and can provide you with all of the information you need to feel more confident when you go to trial.
Matt Kunka’s client-focused approach has previously earned him the trust of countless clients facing a wide range of DUI claims, many of whom have faced lesser sentencing or dropped charges thanks to Kunka Law.
Whether you’re facing DUI charges in Maryland and don’t know what to do, or are worried that your existing defense team doesn’t have your best interests at heart, don’t hesitate to contact the Kunka Law team for a free consultation today.