04/11/2020 by On behalf of Law Office of Michael S. Rothman | Feb 24, 2015 | DUI/DWI |
AN OVERVIEW OF DUI AND DWI CHARGES
Driving under the Influence (DUI) or Driving While Intoxicated (DWI) are two of the most commonly cited alcohol-related driving offenses throughout the states.
In Maryland, a person charged with a DUI can face punishment of up to a year in jail and/or a $ 1,000 fine (for a first offense), plus the MVA will impose 12 points on your driver’s license record for a conviction. The DWI is the less serious of the two alcohol-related driving offenses. A person charged with a DWI will face punishment of up to two months in jail and/or up to $ 500 fine (for a first offense), plus the MVA will impose 8 points on your driver’s license record for a conviction.
In the District of Columbia, a person charged with a DUI can face punishment of up to 180 days in jail and/or a $ 1,000 fine (for a first offense), plus the DMV will revoke your privilege to drive for a year. The District of Columbia does not have a DUI provision. Instead, the less serious alcohol related offense in DC is called Operating a Vehicle While Impaired (OWI). A person charged with an OWI will face punishment of up to 90 days in jail and/or up to $ 500 fine (for a first offense), plus the DMV will revoke your privilege to drive for a year.
Either way, these crimes are considered to be among the most serious of driving offenses, so it’s important to talk to a traffic offense attorney who also has experience as a criminal defense attorney in the Maryland and D.C. areas about the charge. Both DUI, DWI, and OWI, are traffic offenses while are also misdemeanors that carry heavy penalties if convicted.
Meaning of 0.08 percent
In every state, law enforcement presumes a driver with a BAC of 0.08 percent or higher to be under the influence of alcohol. During a trial, a judge or jury may consider the evidence of the BAC results. Jury instructions require a judge or jury to presume individuals who have recorded a BAC result over the designated legal limits to be considered to be DUI, DWI, or OWI, depending on the result. However, scientific machines that measure blood alcohol content for an individual based upon presumptions derived from breath samples are not always accurate. In addition, the technicians who administer the breath tests are not always conducting the tests in accordance with the manufacturer’s instructions. Mistakes can be made along the way. If you suspect an error in the calculations of your BAC by police or law enforcement, it is important to contact a skilled and experienced practitioner who would know the difference.