DUI & DWI Laws in Severn, MD

Contact Our DUI Lawyers

Being arrested can be incredibly traumatic and scary, no matter what it’s for. Officers of the law won’t always give you all the details and you can be left feeling confused and scared. Having the legal services of an experienced DUI attorney from the Law Offices of William Trevillian, P.A. can give you understanding of your case and the comfort that someone is on your side.

We work diligently to use our knowledge and experience of the law to benefit you. Since we’ve been in practice for more than 25 years in the Dundalk, Ellicott City and Odenton areas, we’ve handled many DUI cases and are familiar with how the courts handle these cases. Law enforcement personnel and prosecutors do not take these cases lightly, but we may be able to help you achieve a better outcome. Our team of DUI lawyers will help fight your DWI for you.

Several of the penalties involved in DUI/DWI cases include:

Loss of license
Substantial fines
Rehab or counseling
Jail or prison time
Community service
Criminal record

Cop Took Your License?

You must take action in 10 DAYS after getting your paper license or your privilege to drive could be lost. The paper temporary license issued to you by the officer is your license for the next 45 days. After 45 days you will be SUSPENDED unless you request a hearing or qualify for the interlock. If you do not request a hearing within 10 days of being issued your temporary license you will not get an extension of your paper license to carry you through to the hearing date.

Should I request a MVA Hearing?

Whether you should request a hearing depends on the circumstances of your case and your driving record. You need to consult with one of our attorneys immediately after receiving your paper license to be properly advised. You may have defenses to your looming suspension or it may not be wise to request a hearing because it could subject you to the powers of the Medical Advisory Board. Our GOAL is to MINIMIZE your PENALTIES, everyone’s case is different. Call for a free consultation now.

Can I get a work restricted drivers licenses during my suspension period?

YES. Restricted licenses are granted however proper documentation has to be provided or such requests are denied. Need to drive a work vehicle? Not a problem, our DUI attorneys can tell you if you qualify for restricted driver’s license and if not what you have to do to meet the qualifications.

I have a CDL, will I lose it?

CDL drivers face stiff penalties for receiving drunk driving offenses. Mandatory 1 year suspensions are a possibility, as well as losing your CDL permanently. We know how to navigate the courts and the MVA hearings so that you can minimize the effect of your commercial privileges. CDL drivers have to be extremely careful how they handel drunk driving offenses. Negotiate the minefield and get back on the road. Call us today.

Penalties for DUI/DWI in Maryland may Include:

Loss or suspension of license
Large fines
Substance-abuse treatment
Jail or prison time
Community service
8-12 Points on your Driving Record
Restitution
Criminal record

Restrictive probationary license programs, including ignition interlock devices
In addition, the social stigma and effect on your career may have lifelong negative consequences
Probation Supervision Fees

If you have been stopped for, arrested for or charged with drunk driving, it is in your best interest to discuss your options and rights as soon as possible with an experienced criminal-defense attorney. Drunk-driving law is complex and the guidance of a skilled and knowledgeable lawyer can make a significant difference in a defendant’s experience and in the outcome of his or her case.

Terminology and Elements of the Crime of Drunk Driving The criminal offense of drunk driving goes by a variety of names among the states, including:

Driving under the influence (DUI)
Driving while intoxicated (DWI)
Operating under the influence (OUI)
Operating while intoxicated (OWI)
Driving under the influence of intoxicants (DUII)
Driving while under the influence (DWUI)

In the language of the various state statutes, a drunk-driving conviction requires driving or operating a vehicle or motor vehicle. While that sounds straightforward, a review of drunk-driving cases shows otherwise.

Driving Requirement

The requirement of driving or operating implies that the driver must have some sort of control or command of the vehicle. Guilt or innocence may hang on whether the defendant was actually “driving” in a particular circumstance. What if he or she was just sitting behind the wheel of a car but it was off? What if the defendant was sleeping there? What if the keys were in the defendant’s pocket and not in the ignition? What if that car was out of gas and could not be started? What if it was idling? What if it was being towed? Courts nationwide have considered various scenarios to determine whether the necessary control over the vehicle was present and the outcomes vary by state and by the individual circumstances.

Vehicle Requirement

Cars, trucks and vans are obviously considered to be vehicles for drunk-driving law purposes. However, people have been convicted of drunk driving while operating motorboats, mopeds, dirt bikes, snowmobiles, electric wheelchairs, golf carts, bicycles and ATVs, although the types of vehicles contemplated differ by state.

Intoxication

One way prosecutors prove driver intoxication is through scientific testing of the amount of alcohol in the body, usually by analyzing the breath or blood. These tests are usually administered by machines, such as the Breathalyzer®. In every state, a person with a blood-alcohol concentration (BAC) over .08 is considered legally intoxicated.

Implied-consent laws create the legal presumption that if a person takes advantage of the privilege of driving, he or she automatically consents to state-administered chemical testing to determine his or her BAC. If a driver refuses to take a chemical-alcohol test, his or her drivers license may be revoked or suspended.

BAC test results over the legal limit are usually presumed to be proof of intoxication. However, defendants may challenge the conclusiveness of the results by showing irregularities in the test administration procedure or problems with the test equipment. For example, your lawyer may advise retesting of your breath sample tubes. He or she may be able to obtain exclusion of the original breath test results from the case or even dismissal of the case entirely.

Other types of evidence used by prosecuting attorneys to show intoxication include drivers’ statements, witness and police observations of behavior and driving patterns and circumstantial evidence. An example of possibly relevant circumstantial evidence is that a defendant, before driving, spent the afternoon at a party where drinking games were played.

Police also gather important evidence of intoxication by administering standard field sobriety tests (FSTs) at the scenes of traffic stops. Common field sobriety tests include:

Finger-to-nose test
One-legged stand
Walk-and-turn test
Horizontal-gaze-nystagmus test
Picking up coins

Counting backwards
Reciting the alphabet
Throwing and/or catching a ball
Conclusion

Please call our office today at (410) 761-2430 and we’d be happy to answer any related questions about your case!