Transcript DUI/ IMPLIED CONSENT

DUI & DWI/ IMPLIED
CONSENT
Howard Community College
Student Street Law Public Service Message
Fall 2014
DUI & DWI/ IMPLIED
CONSENT
By: Amaka Fasuyi
Eric Dobson
Douglas Kroeger
Israel Rangel
Tom Nguyen
Dean Chang
Adam Justice
What is a DUI and a
DWI?
• DUI – Driving under the influence, used
interchangeably with DWI in some states (Driving
while intoxicated)
• Some states consider them both the same thing [which
is a zero-tolerance policy] while others characterizes
DWI with a lesser charge such as MD
• The difference: A DWI requires a Blood Alcohol
Concentration (BAC) of 0.04 to 0.07.
• While a DUI requires a blood alcohol concentration of
0.08 and above.
DUI and DWI
(Continued)
• But you do not have to be drinking to be charged with
a DUI. You can have over-the-counter medicine,
prescription drugs, or different types of illegal drugs
such as marijuana or a combination of drugs in your
system to be charged with a DUI.
What are the elements of
a DUI/DWI?
• •The person drove a vehicle -- that is, steered and
controlled it while it was moving.
• •At the same time, the person was under the influence
or intoxicated; that is, his or her ability to drive safely
was affected to an appreciable degree by either an
alcoholic beverage, a drug, or a combination of the
two.
• Police need probable cause to pull you over using these
two elements for DUI/DWI
A possible scenario
• A professional mother of two is getting ready for work one
morning. The night before, she took her usual
antidepressant medication as well as a pill for hay fever
allergies. Both pills cause drowsiness. That morning, she has
a severe headache, so she pops a couple of prescription pills,
which also cause drowsiness -- and contain a warning that
one should not operate a vehicle or other machinery after
taking them.
She kisses her children goodbye, gets on the road, fails to
notice another car at a four-way stop, and plows right into
it. A police officer arrives, and the woman apologizes
profusely, saying, "I've never had any driving troubles -- it
must be all this medication I'm on.” Unfortunately for her,
the woman has essentially now admitted to a DUI or DWI,
depending on her state.
What is Implied
Consent?
• Implied Consent is a law under which a driver agrees
to submit to a BAC (Blood Alcohol Concentration) test
or a test to determine the concentration of a drug or
controlled dangerous substance in exchange for the
privilege of driving.
• Refusing to take the test can result in an automatic
suspension of an individuals’ license even if the
individual is not found guilty of a DUI.
Penalties For Refusing Chemical
Test (Implied Consent)
• 1st offense: 120 day license suspension
• 2nd Offense: 1 year license suspension
• 3rd Offense: 1 year license suspension
These are the consequences in MD for not taking a
breath, blood or urine test!!!
Is it ever a good idea to
refuse a chemical test?
• Typically, no. But the penalties of a DUI conviction
can be worse than refusing a chemical test. Still,
refusing the test does not guarantee that you won’t be
convicted – you could be found guilty of a DUI even if
your refusal means that the state does not have proof
that your BAC was over.08%, the legal limit for those
over 21.
In fact, the prosecution can use your refusal against
you by arguing that you refused the test because you
knew that you were intoxicated and guilty of DUI.
Penalties for DUI/DWI
1st Offense
2nd Offense
3rd Offense
Jail
Up to 1 year (DUI);
Up to 2 years (DUI);
up to 2 months (DWI) up to 1 year (DWI)
Up to 3 years
Fines and
Penalties
Up to $1,000 (DUI);
up to $500 (DWI)
Up to $2,000 (DUI);
up to $500 (DWI)
Up to $3,000
License
Suspension
Min 6 months (DUI
& DWI)
1 year (DUI & DWI)
18 months min.
IID** Required
No
Yes
Yes
Other Penalties for
DUI/DWI
• License revocation
• *Enrollment in a DUI/DWI school
• Community service
• If child/children are in your car, your fine and jail time
can be doubled by the judge in court.
Reasons for
existence
• Public safety: Trying to deter those who have
consumed alcohol or other substances from operating a
vehicle and possibly harming others and damaging
property.
Contacting a
Lawyer
• Why: It is best to contact a lawyer because if you are
not aware of your rights or the procedures when
dealing with a DUI/DWI case, then a lawyer could
best explain the needed information to you or help
protect you from incrimination.
• When: When you are brought into the police station,
that is the best time to contact your lawyer.
• Note: In general, if you are debating whether you need
a lawyer, then you do!
Good Advice !!!!!
• If you are coming out of a bar, and police officers
notice you are drunk, don’t get back into your car. If
you absolutely have to then tell them that you are just
getting something from the car and you’ll be right
back.
Facts
Can a DUI be “pleaded down” to a "wet reckless" in
Maryland?
• A defendant might receive a "wet reckless," or a conviction of
reckless driving involving alcohol, as a result of a plea bargain
in which a charge of drunk driving is reduced to a case of
reckless driving. There is no statutory provision on whether a
wet reckless plea bargain will be accepted in your state, but it's
possible a lawyer may be able to create a plea bargain for you.
How long will prior DUI convictions remain relevant for
sentencing purposes in Maryland
• In Maryland, prior DUI convictions stay on your record (and
can be counted against you when you are being sentenced for
another DUI/DWI offense) for 5 years.
FACTS PART 2
Are ignition interlock devices (IIDs) required for convicted DUI offenders in
Maryland?
• It's within the court's discretion to require an interlock device for any
conviction (including first offenses).
In Maryland, when do police have to measure your blood alcohol content
(BAC)?
• In Maryland, law enforcement officers are supposed to measure your BAC at
the time of driving. However, prosecutors may be able to prove your
culpability for DUI even if your BAC is taken later than this time.
What is the maximum BAC for drivers under 21 in Maryland?
• In Maryland, the maximum blood alcohol content (BAC) for drivers who are
under 21 (considered minors under some drinking and driving laws) is .02%.
Annotated
Code of MD
• Transportation > Title 16 (Vehicle Law – Drivers’
Licenses) > Subtitle 4 (SUBTITLE 4. REFUSAL,
SUSPENSION, AND REVOCATION UNDER
POINT SYSTEM )
• § 16-402.1. Assessment of points upon notice of
conviction of certain offenses by a party state to the
Driver License Compact
• § 16-404. Effect of accumulated points
• § 16-404.1. Ignition Interlock System Program
Annotated Code of
MD (Continued)
• Transportation > Title 21 (Vehicle Law – Rules of the Road) > Subtitle 9
(SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED
DRIVING; FLEEING OR ELUDING POLICE)
• § 21-901.1. Reckless and negligent driving
• § 21-902. Driving while under the influence of alcohol, while under the
influence of alcohol per se, while impaired by alcohol, or while impaired
by a drug, a combination of drugs, a combination of one or more drugs
and alcohol, or while impaired by a controlled dangerous substance
• § 21-902.1. Driving after arrest for violation of § 21-902
• § 21-903. Consumption of alcoholic beverages while driving on highway
Works Cited
Brown, D. (n.d.). Dealing With a DUI or DWI Charge | Nolo.com. Retrieved from
http://www.nolo.com/legal-encyclopedia/dealing-with-dui-or-dwi-30322.html
Brown, D. (n.d.). Should You Plead Guilty to a DUI? | Nolo.com. Retrieved from
http://www.nolo.com/legal-encyclopedia/free-books/beat-ticket-book/chapter87.html
Brown, D. (n.d.). Standard DUI Charges. Retrieved from http://www.nolo.com/legalencyclopedia/free-books/beat-ticket-book/chapter8-1.html
Cyb, T. (n.d.). Maryland DUI/DWI: Refusal to Take a Blood, Breath or Urine Test |
DrivingLaws.org. Retrieved from http://dui.drivinglaws.org/resources/duirefusal-blood-breath-urine-test/maryland.htm
The Difference Between DWI and DUI in Maryland. (2012, June 19). Retrieved from
http://www.ccc-law.com/criminal-defense-blog/difference-between-dwi-duimaryland.shtml
Works Cited
(Continued)
The Difference Between DWI and DUI in Maryland. (2012, June 19). Retrieved from
http://www.ccc-law.com/criminal-defense-blog/difference-between-dwi-duimaryland.shtml
DUI / DWI. (n.d.). Retrieved from http://www.nolo.com/legal-encyclopedia/dui-dwi
DUI Laws in Maryland. (2010, September 01). Retrieved from http://www.nolo.com/legalencyclopedia/maryland-dui-dwi-33654.html
How Legal Drug Use Can Lead to a DUI or DWI | Nolo.com. (n.d.). Retrieved from
http://www.nolo.com/legal-encyclopedia/dui-legal-drug-use-30320.html
Maryland Driver’s Manual: Maryland Motor Vehicle Administration [PDF]. (n.d.).
Maryland Motor Vehicle Administration.
Michon, K. (n.d.). DUI and DWI Defenses | Nolo.com. Retrieved from
http://www.nolo.com/legal-encyclopedia/dui-dwi-defenses-32254.html
Stim, R. (n.d.). Maryland Drunk Driving Laws, Penalties, Fines | DrivingLaws.org.
Retrieved from http://dui.drivinglaws.org/maryland.php