DUI/DWI FAQs
With a legal practice focused exclusively on criminal defense in La Plata, Waldorf, and Charles County, Maryland, the Law Office of Hammad S. Matin, P.A. is frequently asked questions about the law regarding driving under the influence (DUI) and driving while impaired (DWI). Below are answers to some of the most frequently asked questions we encounter. If you have other questions, or if you need legal advice and representation in a DUI/DWI matter, contact the Law Office of Hammad S. Matin, P.A.
Q. What is the legal limit for DUI?
A. If a test of your blood alcohol concentration (BAC) is .08% or more, than you can be arrested for DUI, regardless of whether your driving was impaired or not. However, the police must have legal justification for their initial stop and request for you to take a breath test.
Q. What is the difference between DUI and DWI?
A. If a breathalyzer or other test reveals your BAC to be less than .08%, you can be arrested for Driving While Impaired (DWI). A DWI can have serious consequences, although the penalties are less severe than a DUI conviction.
Q. Can I refuse to take a breathalyzer?
A. By obtaining a driver's license, you have given your implied consent to submit to a chemical test for alcohol (breath test) or drugs (blood test) in your bloodstream. If you refuse to take a test, your license will be suspended for 120 days if this is your first refusal, or for one year if it is your second refusal. By comparison, a failed test (.08%) results in an MVA license suspension of 45 days for a first offense or 90 days for a subsequent offense.
Q. What happens to my license if I am convicted of DUI/DWI?
A. Your license may be suspended for a minimum of six months for a first offense, a minimum of one year for a second offense, at least 18 months for a third offense and a minimum of two years for a fourth offense. For DWI, your license may be suspended up to six months for a first offense, up to nine months for a second or third offense, and up to two years for a fourth offense.
Q. What are the consequences of a DUI conviction?
A. For a first offense DUI, you can be sentenced to up to one year in jail and assessed a fine of up to $1,000. For a DWI, you can be sentenced to up to two months in jail and up to $500 in fines. These penalties increase for a second or subsequent offense, or if you are transporting a minor at the time of your arrest.
