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DUI and DWI Law

DUI and DWI Law

Law Offices of Richard Simmons DUI and DWI LawAn arrest, and subsequent criminal charge, for a DUI or DWI, carries with it exposure to a host of potential punishments; the most serious charge, carries a maximum penalty of three (3) years incarceration and/or a $3000.00 fine. In Maryland, if charged with a DUI or DWI, one can lose his or her privilege to drive for up to one (1) year or more regardless of guilt or innocence. You have important rights that you must invoke within 10 days of your arrest or you will waive; thus, it is critical that you immediately contact out office for your free consultation.

Bring the following items to your free consultation:

-All papers and citations issued by the officer; and,
-Photographs of the scene and your vehicle
-Obtain your MVA Records;
-Check the status of your case.

The information contained within this page is designed to assist you in preparation your DUI or DWI case. The suspension of your driver’s license or privilege (if you are an out-of-state driver) may occur:

If you submitted to the breath test, resulting in anything less than a .08 BAC, then you will not need to do anything, unless you were either operating a commercial motor vehicle, you under 21 years of age, and/or you had an alcohol restriction on your driver’s license. Then you should contact this office immediately.
If you either refused the breath test or submitted to the test, resulting in anything greater than a .08 BAC, then you must request an MVA hearing within ten (10) days of the arrest, or your license or privilege will be suspended. See attached: Advice of Rights, Order of Suspension, Interlock Program/Waiver of Hearing, and Hearing Request.
If you must request a hearing, there are other options that you may wish to consider before requesting the hearing. To discuss these options free of charge, please contact this office immediately.
Standardized Field Sobriety Testing (SFST’s): What are they? See the attached excerpt from the NHTSA manual. When attacking the SFST’s, photographs of the scene are essential. The roads where these tests are administered are never level, which may explain the officer’s observations — failure maintain balance, and so on. Using a three foot level, as depicted here, photograph the area where you were stopped. First, showing the crowning of the road (the level perpendicular to the white edge line). Then, show the slope of the road (the level parallel to the white edge line).

Tips:

The DUI Checklist. What to do next.
“What do you mean that I have ten (10) days to prevent the suspension of my Maryland driver’s license or provisional?”
Photograph the scene. See these examples.
Obtain your complete & PBJ driving records atMVA Records.
Treatment

In preparation of your case, we leave nothing to chance. In doing so you must take steps prior to appearing in the District or Circuit Court to get evaluated by a certified alcohol treatment program. If found guilty, most first-time DUI offenders will be considered for a probation before judgment disposition, which serves to strike a guilty finding. However, the judge’s decision-making process will surely focus on your actions post charge and pre-sentence. Getting involved in counseling voluntarily and contemporaneously with the date of offense is vital, and critical to avoiding supervised probation. Most treatment is done on a weekly basis in an outpatient capacity. At times, however, an evaluation can reveal the need for a more intensive inpatient treatment program. Costs can range from $450.00 (for outpatient) – $3000.00 or more (for inpatient).

If the cost of the program is an issue, you contact the Anne Arundel County Health Department; or, at least, attend weekly self-help groups, which are a great source of support and information, such as Alcoholics Anonymous or Celebrate Recovery.

Tips:

Find a certified alcohol treatment program;
Need assistance with treatment contact the Anne Arundel County Health Department;
Need help and support finding a meeting at Alcoholics Anonymous or Celebrate Recovery.
“Mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process.” Thurgood Marshall

Call Law Offices of Richard Simmons Today

Call the Law Offices of Richard Simmons today for your free no obligation consultation.

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Office: 410-286-1220
Fax: 410-286-1220
Mobile: 433-623-6905

147 Old Solomons Island Road, Ste 401
Annapolis, MD 21401

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