Law Offices of Randolph Rice
ADDRESS :
1301 York Rd #200, Lutherville Timonium, MD 21093
PHONE NUMBER : (410) 929-8241
PHONE NUMBER : (410) 929-8241
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Hours
Monday
9:00 AM to 5:00 PM
Tuesday
9:00 AM to 5:00 PM
Wednesday
9:00 AM to 5:00 PM
Thursday
9:00 AM to 5:00 PM
Friday
9:00 AM to 5:00 PM
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Legal - Law Firms
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Do You Go To Jail For a First Time DUI?
A drunk driving arrest can be alarming and make you worry about
what will happen to your license and freedom as the trial date
approaches. Most individuals who have been charged with a first
time DUI often ask; do you go to jail for a first time DUI? It
depends on the facts and evidence in each case to determine if
you will go to jail for a first offense DUI.
DUI AND DWI IN MARYLAND
DUI and DWI are the acronyms for "driving under the influence"
(DUI) and "driving while impaired" (DWI). They are used
interchangeably and mean almost the same thing. The difference
between DUI and DWI are:
The elements to prove the offense; and
The maximum penalty.
A DUI requires that a person drives or attempts to drive a
motor vehicle while under the influence of alcohol. This level
of intoxication may be determined by clues observed by the
police officer of the tests results from a breath or blood
test. A DWI requires that a driver is impaired by either
alcohol, drugs and alcohol or a controlled dangerous substance.
The penalties vary for each offense. A first offense DUI
carries the maximum penalty of 1 year in jail and a $500 fine.
Whereas a DWI carries the maximum penalty of 60 days in jail
and a $500 fine.
WILL I GO TO JAIL?
Incarceration for a first offense DUI or DWI in
Maryland is not unheard of, but there is a greater chance
that a defendant will receive a probation before judgment (PBJ)
for a first offense DUI in Maryland. With a PBJ
comes the requirement of probation. That probation can be
supervised or unsupervised. Either of these types of probation
can last from 1 day to 3 years if handed down by a Maryland
District Court Judge. A Circuit Court Judge may place a
defendant on as much as 5 years of probation in Maryland. While
jail is not the first punishment for a first time DUI, it has
and can happen. If the defendant causes an accident, their
blood alcohol content (BAC) is higher than average DUI cases,
or other exasperating circumstances, then a Judge may decide
that jail is appropriate.
HOW DO I AVOID JAIL?
The best bet to avoid jail for a first time DUI in Maryland is
to hire an experienced Maryland DUI lawyer.
A lawyer advise the best course of action pending the trial
date. That lawyer will also investigate your DUI arrest and
determine if your case should be contested in a trial. A trial
can be had before a Judge or Jury in Maryland. The Judge or
Jury will determine if the State has met the elements of the
crime and proven beyond a reasonable doubt that you were
driving while impaired or under the influence.
WHAT TO DO AFTER A DUI ARREST?
There are a number of things you must consider after a DUI
arrest. You have to make a decision regarding your license if
it was taken by the police officer. You may have to elect to
participate in the ignition interlock program or accept a
suspension of your license. Drivers charged with DUI or DWI
should meet with a lawyer as soon as possible to determine what
steps they should take to improve their chances of staying out
of jail when they appear in Court.
If you've been charged with DUI or DWI in Maryland, contact the
Law Offices of Randolph Rice at 410.288.2900 to schedule a free
consultation.
CONTACT:
Law Offices of Randolph Rice
1301 York Rd #200
Lutherville, MD 21093
Phone: (410) 929-8241
Fax: (410) 288-2988
Toll Free: 800-470-7423
Email: info@ricelawmd.com
Website: http://ricelawmd.com
