Drunken Driving Laws & How to Expunge Your DUI Record

by John Fostar Media Releation

In the United States, it is illegal to drive under the influence of alcohol or drugs.

Nevertheless, the laws and penalties differ from state to state.

In Maryland, the laws include 2 types of offenses, Driving Under Influence (DUI) and Driving While Intoxicated (DWI).

DUIs – You are deemed “per se intoxicated” if you have a blood alcohol concentration (BAC) above 0.08; or if you are significantly impaired by alcohol or a controlled substance.

DWIs – you can be convicted for driving while intoxicated (DWI) if the officer feels your normal condition is affected by alcohol.

Top criminal lawyers in Maryland say that a conviction for DUI does not mean your vehicle must be under motion. “You can be sleeping drunk in your car or in actual control of your vehicle. This can also mean that the ignition of your car can be on even in a parked condition”.

In Maryland, the jail time for the 1^st offence can be up to 1 year, with fines up to $1000 maximum. For the 3^rd offence this will go up to 3 year jail term and $5000 fine.

Keep in mind that the total alcohol impaired driving fatalities in Maryland were 186 in the year 2017.

Once you are arrested it becomes mandatory for you to appear before a judge for your arraignment. You are entitled to state before the judge whether you want to represent yourself or plan to hire an attorney.

The court in any case will try to persuade you to get a lawyer one way or other.

It makes sense to hire a Maryland criminal lawyer to defend you in court.

It is not easy to go it alone.

In court, the state presents its first evidence of driving and of the intoxication.

This will be the police officer’s testimony. The officer may present additional evidences like breath test, witnesses, and videos.

Top criminal lawyers in Maryland have experience in working with forensic technology experts. They have the wherewithal to challenge the accuracy of the breath and blood alcohol tests even when forensic experts are not hired.

A key point you must remember is that as a DUI defendant you are deemed innocent under the law until proved guilty beyond a reasonable doubt.

Even if you are charged of drugged driving, the mere presence of drugs in your blood does not automatically mean that the substance has impaired your driving.

“Smoking marijuana can stay in your bloodstream for weeks”, says a Maryland criminal lawyer.

Take help from an attorney if you are convicted for DUI, because he or she knows best about the rules in your state regarding record expungement.

By getting legal help you may be able to erase the record of your DUI from the public record.

If your lawyer fights your case tenaciously, the judge may order an expungement after you file a petition to the courts.

The upshot is it will appear as though the conviction never happened.

Resource Box

Law Office of Rowena N. Nelson is among the top lawyer firms in Maryland. This law firm provides a wide range of legal services including bankruptcy law, criminal law, and family law.