Thousands of Pennsylvania and Maryland residents are charged with DUI (driving under the influence) each year. What may start as a fun night out with friends can turn into a lifetime of regret if you get behind the wheel while intoxicated.
While DUIs are common, they can carry serious consequences that can affect your future, family, and freedom. DUI convictions can uproot your life and prevent you from providing for your family. To mitigate the consequences of this charge, contact our experienced DUI attorneys.
At Mooney Law, we understand your questions and stress about this situation. We can help you understand and protect your rights.
Understanding DUI Charges
As your trusted DUI defense lawyers, we believe our clients must understand DUI charges in the state.
DUI (Driving Under the Influence)
DUI refers to driving under the influence of alcohol or drugs. This offense typically involves operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher for drivers aged 21 and over. However, it’s essential to note that even a BAC below this limit can still result in DUI charges if impairment is evident.
Understanding the Legal Implications
The consequences of DUI can be severe, including fines, license suspension, mandatory alcohol education or treatment programs, and potential jail time. It’s crucial to seek legal representation from experienced DUI defense lawyers who understand the laws and can provide strategic advocacy to protect your rights and mitigate the impact of these charges.
Blood Alcohol Concentration (BAC) Limits
The legal BAC limit for drivers in Pennsylvania and Maryland aged 21 and over is 0.08%. Commercial drivers face a lower limit of 0.04% BAC, while drivers under 21 can be charged with DUI for any detectable amount of alcohol in their system.
Exceeding these limits can lead to serious consequences, including fines, license suspension, and potential jail time. If you’re facing DUI charges related to BAC levels, it’s crucial to seek immediate legal representation.
Pennsylvania DUI Penalties
At Mooney Law, we prioritize informing our clients about the potential penalties they may face for DUI offenses.
First Offense
For a first DUI offense in Pennsylvania, penalties may include a fine ranging from $300 to $5,000, imprisonment for up to six months, and mandatory alcohol highway safety school attendance. Additionally, individuals may face a license suspension for up to one year.
Second Offense
Second DUI offenses carry harsher penalties, including fines ranging from $300 to $5,000, imprisonment for a minimum of five days up to six months, and a license suspension for up to 18 months. Mandatory attendance at alcohol highway safety school and treatment may also be required.
Third Offense
A third DUI offense escalates penalties further, with fines ranging from $500 to $5,000, imprisonment for a minimum of ten days up to two years, and a license suspension for up to 18 months. Mandatory participation in alcohol treatment programs and installation of an ignition interlock device may be required.
Subsequent Offenses
Subsequent DUI offenses beyond the third carry increasingly severe penalties, including higher fines, longer periods of imprisonment, and longer license suspensions. Additionally, individuals may face felony charges, resulting in longer prison sentences and other serious consequences.
Aggravating Factors
Aggravating factors such as high blood alcohol concentration (BAC), involvement in accidents causing injury or death, or driving with a suspended or revoked license can lead to enhanced penalties.
Maryland DUI Penalties
Driving under the influence (DUI) in Maryland is a serious offense with strict penalties that intensify with subsequent violations.
First Offense
Individuals may face up to one year in jail for a first-time DUI offense, fines up to $1,000, and a six-month license suspension. The penalties for a first-time DWI are slightly less severe, with up to two months in jail for a BAC less than 0.10%, a $500 fine, and a six-month license suspension.
Subsequent Offenses
Penalties escalate with subsequent DUI offenses. A second DUI can result in up to two years in jail (with a mandatory minimum of five days), fines up to $2,000, and a one-year license suspension. For a third DUI, penalties can include up to three years in jail, $3,000 in fines, and an 18-month license suspension.
Additional Consequences
Beyond legal penalties, convicted individuals may face increased insurance rates, mandatory participation in alcohol education or treatment programs, and the installation of an ignition interlock device in their vehicle. These additional consequences aim to prevent future offenses and ensure the safety of all road users.
Understanding Implied Consent Laws in Pennsylvania and Maryland
Implied consent laws stipulate that by operating a motor vehicle within the state, individuals implicitly consent to chemical testing if law enforcement suspects them of driving under the influence (DUI). Refusal to submit to such testing can result in administrative penalties, including an automatic license suspension.
Potential Defense Strategies Against DUI Charges
At Mooney Law, we understand how serious DUI charges in Pennsylvania or Maryland are and the importance of implementing strategic defense strategies tailored to each client’s unique circumstances.
Some of the defenses we may use depending on the facts of your case include the following:
Challenging the Legality of the Traffic Stop
We may challenge the traffic stop that occurred when you were charged with DUI. If law enforcement officers did not have reasonable suspicion or probable cause to pull you over, any evidence obtained during the stop may be deemed inadmissible in court.
Disputing the Accuracy of Chemical Test Results
Another common defense tactic is to dispute the accuracy of chemical test results, such as breathalyzer, blood, or urine tests. Factors like improper calibration, administration errors, or medical conditions can all affect the reliability of these tests, providing grounds for challenging their validity in court.
Questioning Field Sobriety Test Procedures
Field sobriety tests are subjective evaluations of a driver’s coordination and cognitive function, and their results can be influenced by various factors unrelated to intoxication. By questioning the administration and interpretation of these tests, we can cast doubt on their reliability as evidence of impairment.
Investigating Procedural Errors in the Arrest Process
Procedural errors during the arrest process, such as failure to read Miranda rights or improper evidence handling, can also provide avenues for defense. Any constitutional rights or procedural safeguards violations can weaken the prosecution’s case against you.
Negotiating Plea Bargains or Alternative Sentencing
Sometimes, the best option is working with the prosecutor to reach a plea bargain or alternative sentencing. By demonstrating mitigating factors or cooperating with prosecutors, we can seek reduced charges or alternative sentencing options that minimize the impact on your life.
Trust Our Experience and Expertise
When you choose Mooney Law as your legal advocate, you can trust us to investigate your case, identify viable defense strategies, and provide aggressive representation at every stage of the legal process. We are dedicated to protecting your rights and achieving the best possible outcome for your DUI case in Pennsylvania or Maryland.
If you or someone you love has been charged with DUI, we are here to help. Call our office to schedule a confidential consultation.