Posts Tagged ‘Dwi Defense’
VIRGINIA DUI LAWYERS & VIRGINIA DWI DEFENSE ATTORNEYS
DEFENDING CLIENTS IN STATE AND FEDERAL COURTS
Virginia DUI laws
The Virginia DUI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Fredericksburg, Manassas, Richmond, Virginia Beach.
Our Virginia DUI attorneys of SRIS, P.C. have taught police officers and prosecutors DUI laws.
If you wish to consult a SRIS, P.C. DUI attorney or DWI lawyer, please contact us via phone, or by filling out our on-line form.
A Virginia DUI lawyer of SRIS, P.C. will gladly consult with you regarding your matter.
Special Note: If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court. The attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and familiar with the federal system.
The following are some of the State of Virginia Driving Under the Influence and Driving While Intoxicated Laws to learn more about them:
DUI LAWS
VA Code §18.2-266 – DUI of Alcohol and Drugs
When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.
VA Code § 18.2-270 – DUI Penalties
A first DUI offense in Virginia carries a mandatory jail sentence of at least five days and up to 10 days. A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least twenty days and up to one year. A third DUI offense will be prosecuted as a Class 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time.
VA Code § 18.2-270 – Transporting Children While Driving Under the Influence
You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and mandatory minimum confinement of five days.
VA Code § 46.2-301.1 – Vehicle Impoundment
The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor.
VA Code §46.2-391.2- Administrative License Revocation
Your driver’s license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense.
VA Code §18.2-323.1 – Open Container
You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.
Virginia Code §18.2-270.01 – Ignition Interlock System
If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own.
Virginia DUI Lawyers
Defending DUI Cases in Virginia
Virginia State & Virginia Federal Courts
Free Initial Confidential Consultation
SRIS, P.C. Virginia DUI/DWI defense lawyers defend clients charged with Virginia DUI/DWI Charges in Virginia State & Federal Courts
FORMER FEDERAL PROSECUTORS/COMMONWEALTH ATTORNEYS/LAW ENFORCEMENT OFFICERS
A night out on the town can turn into your worst nightmare. Doesn’t matter whether it is called a Virginia DUI (driving under the influence), Virginia DWI (driving while intoxicated) or drunk driving.
If you have been charged with a DUI in Virginia, you life is going to be in turmoil. It starts with a night in jail and an administrative suspension of your license for seven (7) days and that is only the beginning.
Now you are faced with the prospect of finding a Virginia DUI lawyer who is capable of defending you and making sure you don’t become just another DUI conviction.
The Virginia DUI/DWI attorneys of SRIS, P.C. are experienced Virginia DUI defense attorneys. Most of them are former prosecutors. One of the Virginia DUI defense attorneys is even a former Virginia State Trooper.
Another SRIS, P.C. Virginia DUI defense lawyers is a former federal prosecutor.
Consequences of a DUI in Virginia:
A Virginia DUI is at a minimum a class 1 misdemeanor in Virginia. The maximum penalty for a Virginia class 1 misdemeanor is 12 months in jail, 12 months loss of your driving privilege in Virginia, $2500 fine and 6 points on your Virginia driving record. Virginia DUI State Law 18.2-266
On top of that you will have to attend and successfully complete a Virginia ASAP program & get an SR-22 high risk insurance.
Depending on how high your BAC was at the time of the offense, you may face mandatory jail time.
A conviction for a DUI may result also in the loss of your security clearance and if you drive for a living (truck drivers who possess a CDL), you may even loose your job.
When you are facing all these possibilities, you cannot afford to take a chance on the choice of your Virginia DUI defense attorney.
You need a Virginia DUI defense law firm that has the experience and trial skills to defend you. SRIS, P.C. is that firm.
From the moment you talk to one of our Virginia DUI defense attorneys, you can be rest assured you are talking to experienced Virginia DUI attorneys.
SRIS, P.C. is not a “one man” law firm pretending to be a Virginia DUI defense law firm. Learn more about our DUI/DWI defense attorneys.
Were you charged with a DWI on the George Washington Memorial Parkway, Fort Meyer, Quantico, Fort Belvoir, Fort Lee, Fort Eustis or Fort A.P. Hill?
Then you have been charged with a federal DWI case and it is essential that you get the help of an experienced federal DWI / DUI defense lawyer. A DUI in US District Court is a lot more serious than an DUI in state court.
Our Virginia DUI defense team is made up of experienced Virginia DUI lawyers who know how to defend a DUI in Virginia.
Our DUI attorneys understand that due to the stress of a Virginia DUI charge, you need a Virginia DUI lawyer who is going to be available to respond to you quickly.
At the Law Offices of SRIS, P.C., our dui attorneys in Virginia will do their very best to return all calls within eight (8) hours.
The (VA) Virginia DUI attorneys of SRIS, P.C. represent clients throughout Virginia state courts & Virginia federal courts including but not limited to:
Arlington County, VA, Alexandria City, Albermarle, Amherst, Bedford, Botetourt, Centreville, Gainesviile, Caroline County, Chesapeake, Charlottesville, Charlotte, Chesterfield, Centreville, Dinwiddie, Fairfax County, VA, Fredericksburg, Gloucester, Spotsylvania, VA, New Kent County, Norfolk, Newport News, Glen Allen, Halifax, Henrico County, Hopewell, Hampton, Harrisonburg, Amelia, Fluvanna, Hanover, Goochland, Quantico, VA, Fort Myer, Fort Belvoir, Fort Lee, Fort Eustis, Fort A.P. Hill, Franklin, Fauquier, Montgomery, Nelson, Prince William, Powhatan, Leesburg, Louisa, Lynchburg, Loudoun County, Manassas, Petersburg, Pittsylvania, Danville, Portsmouth, Prince George, Rappahannock, Richmond City, Roanoke, Radford, Stafford County, Southampton County, Shenandoah, Staunton, Sussex, Virginia Beach City, Woodbridge, Williamsburg, Alexandria Federal Court, Richmond Federal Court, Norfolk Federal Court, Newport News Federal Court, Roanoke Federal Court, Abingdon Federal Court.
VIRGINIA DWI ON FEDERAL PROPERTY
VIRGINIA DUI ON MILITARY BASES
If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, Blueridge Parkway or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court.
The Virginia DUI attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and also must be familiar with the federal courts such as Alexandria Federal Court, Roanoke Federal Court, Abingdon Federal Court, Norfolk Federal Court & Richmond Federal Court.
The Virginia DUI & DWI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Manassas, Richmond, Fredericksburg, Virginia Beach.
Our Virginia DUI & DWI attorneys of SRIS, P.C. concentrate on DUI & DWI defense.
If you wish to consult a SRIS, P.C. Virginia DUI attorney or DWI lawyer, please simply contact us via phone or by filling out our on-line form.
A Virginia DUI lawyer or DWI attorney of SRIS, P.C. will gladly consult with you regarding your matter.
You can meet us at one of our offices in Virginia.
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- VIRGINIA BEACH
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Virginia DUI Laws
VIRGINIA DUI LAWYER & DWI DEFENSE ATTORNEYS
WE REPRESENT CLIENTS IN STATE AND FEDERAL COURTS
Virginia DUI & DWI laws Information Page
Welcome to the Virginia DUI & DWI laws Information Center, sponsored by SRIS, P.C. The Virginia DUI & DWI defense attorneys of SRIS, P.C. have offices in Fairfax, Lynchburg, Manassas, Richmond, Virginia Beach. Our Virginia DUI & DWI attorneys of SRIS, P.C. concentrate on DUI & DWI defense.
If you wish to consult a SRIS, P.C. DUI attorney or DWI lawyer, please simply contact us via e-mail, phone, or by filling out our on-line form. A DUI lawyer or DWI attorney of SRIS, P.C. will gladly consult with you regarding your matter.
FAIRFAX OFFICE:
4008 Williamsburg Court
Fairfax, Virginia 22032
Phone: (703) 278-0405
RICHMOND OFFICE:
7400 Beaufont Springs Drive, Suite 300
Richmond, Virginia 23225
Phone: (804) 201-9009
MANASSAS OFFICE:
8551 Sudley Road
Manassas, Virginia 20110
Phone: (703) 278-0405
VIRGINIA BEACH OFFICE:
900 Commonwealth Pl, Suite 200
Virginia Beach, Virginia 23464
Phone: (757) 512-5002
LYNCHBURG OFFICE:
102 Oakley Ave.
Lynchburg, Virginia 24501
Phone: (434) 509-4004
To obtain a general overview of DUI, and DWI defense, please click here
To learn more about the laws pertaining to DUI, OUI, and DWI defense in Maryland or Massachusetts, please click on the state.
Special Note: If you have been charged with a DUI or DWI on federal land such as the George Washington (GW) Memorial Parkway, or on Fort Meyer, Quantico or Fort Belvoir or on any other military base, you need a Virginia DUI lawyer who is experienced in handling drunk driving offenses in federal court. The attorney you contemplate retaining to assist you must be experienced in handling criminal and traffic matters and familiar with the federal system.
Please click on any of the State of Virginia Driving Under the Influence and Driving While Intoxicated Laws to learn more about them:
DUI LAWS: Adults
DUI Laws: Underage Possession & Penalties
Laws of Virginia driving under the influence of alcohol
DUI laws: Adult (top)
Driving Under the Influence of Alcohol and Drugs (DUI)
Penalties
Transporting Children While Driving Under the Influence (DUI)
Vehicle Impoundment
Administrative License Revocation
Open Container
VA Code §18.2-266 – DUI of Alcohol and Drugs. (top)
When operating a motor vehicle, boat or water craft in Virginia, you are legally considered driving or operating under the influence if your blood alcohol content (BAC) is 0.08% or higher. You may be considered under the influence with a lower BAC if your ability to operate a motor vehicle, boat or water craft is impaired. If your driving is affected because your are under the influence of any drug, you may face the same penalty as driving under the influence of alcohol.
VA Code § 18.2-270 – DUI Penalties (top)
A second DUI offense within five years in Virginia carries a mandatory jail sentence of at least five days and up to 30 days. A third DUI offense will be prosecuted as a 6 felony. If your BAC is 0.20% or higher at the time of the first or second offense, you face additional mandatory jail time.
VA Code § 18.2-270 – Transporting Children While Driving Under the Influence. (top)
You are subject to a extra penalty in Virginia if you have children under age 18 in the motor vehicle when you are driving under the influence of alcohol or drugs. There is an additional fine of up to $1000 and up to 80 hours of community service for second conviction.
VA Code § 46.2-301.1 – Vehicle Impoundment (top)
The vehicle you are driving in Virginia will be immediately impounded or immobilized for 30 days if you are caught driving after your license has been suspended for an alcohol-related offense. The court can impound the vehicle for an additional 90 days following conviction. The owner of the vehicle may petition the court for release of the vehicle. Anyone who knowingly permits operation of their motor vehicle by a person known to have a revoked or suspended license for an alcohol-related offense can be charged with a 1 misdemeanor.
VA Code §46.2-391.2- Administrative License Revocation (top)
Your driver’s license in Virginia will be automatically revoked by the arresting officer for seven days if your BAC is 0.08% or higher or if you refuse to take a breath test. You no longer have the option of requesting a blood test instead of a breath test for an alcohol related offense.
VA Code §18.2-323.1 – Open Container (top)
You may be charged with drinking while operating with an open container of alcohol in Virginia if your are stopped by law enforcement and you have an open container of alcohol in the passenger compartment and the contents have been partially removed, and you exhibit signs that you have been drinking. The passenger area means the area designed to seat the driver and passengers and any area within the driver’s reach, including an unlocked glove compartment.
DUI Laws: Underage Possession & Penalties (top)
Equal Penalties
Zero Tolerance for Under 21
Ignition Interlock System
Persons to Whom Alcoholic Beverage May Not Be Sold
Underage Possession of Alcohol
Purchase Alcohol for Underage Persons
Drinking/Possessing Alcohol on School Grounds
Misrepresentation of Age
VIRGINIA IS TOUGH – on underage drinkers driving under the influence of alcohol or drugs.
Now more than ever, Virginia school officials and college campus police are enforcing the law on underage possession of alcohol. A conviction for underage possession in Virginia can result in any or all of the following possible consequences. Suspension from the academic institution, expulsion or disciplinary actions, etc. Also, a conviction for underage possession in Virginia can result in car insurance rates being raised for the convicted individual. Some car insurance companies are raising the rates of car insurance as high as $5000 per year for those who are convicted of underage possession. Please contact a Virginia lawyer of the Law Offices of SRIS, P.C. to determine what options you have if you are charged with underage possession in Virginia.
Virginia Code §18.2-266.1 – Equal Penalties (top)
Persons under age 21 who drive while under the influence of drugs or with a blood alcohol content (BAC) of 0.08% or higher in Virginia are subject to the same penalties as persons age 21 or older.
Virginia Code §18.2-266.1 – Zero Tolerance for Under 21 (top)
If your are under age 21 in Virginia, and you drive with a BAC of at least 0.02% but less than 0.08% in Virginia, you will receive a fine of up to $500 and a six-month driver’s license suspension.
Virginia Code §18.2-270.1 – Ignition Interlock System (top)
If convicted of a second DUI offense within five years of a first offense in Virginia, you will lose your license for three years. You must use an ignition interlock for six months for more on every motor vehicle you own or co-own whether you apply for a restricted license (after one year) or a full license (after three years, applies to both adult and under 21)
Virginia Code §4.1-304 – Persons to Whom Alcoholic Beverage May Not Be Sold (top)
If you sell alcoholic beverages to a person under age 21 in Virginia, you are subject to a fine up to $2,500 and 12 months in jail.
Virginia Code §4.1-305 – Underage Possession of Alcohol (top)
If you are under age 21 and you are in possession of an alcoholic beverage in Virginia, you face a fine of up to $2,500 and 12 months in jail.
Virginia Code §4.1-306 – Purchase Alcohol for Underage Persons (top)
If you purchase alcoholic beverages for a person you know to be under age 21 in Virginia, you face a fine of up to $2,500 and 12 months in jail.
Virginia Code §4.1-309 – Drinking/Possessing Alcohol on School Grounds (top)
Drinking or possessing alcoholic beverages on public school grounds in Virginia can result in a fine of up to $1000 and six months in jail.
Virginia Code §4.1-305B – Misrepresentation of Age (top)
If you are under age 21 in Virginia and you use or attempt to use an altered, fictitious or simulated document or student ID to establish a false age in an attempt to purchase alcoholic beverages you will:
be fined at least $500 but not over $2,500
be required to perform at least 50 hours of community service
face up to 12 months in jail, and
be subject to suspension of your driver’s license for up to 12 months
Query: Laws of Virginia driving under the influence of alcohol (top)
Penalty for driving while intoxicated; subsequent offense; prior conviction
Penalty for driving while intoxicated in Virginia; subsequent offense; prior conviction
Court or jury may consider defendant’s prior traffic record before sentencing
Refusal of tests; penalties; procedures
Implied consent to post-arrest testing to determine drug or alcohol content of blood
Presumptions from alcohol or drug content of blood
Transmission of blood test samples; use as evidence
Forfeiture of driver’s license for driving while intoxicated
Administrative suspension of license or privilege to operate a motor vehicle
Refusal of tests; issuance of out-of-service orders; disqualification
A person who has a blood alcohol concentration of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath in Virginia as indicated by a chemical test administered is under the influence of alcohol,
VA Code § 18.2-270. Penalty for driving while intoxicated; subsequent offense; prior conviction (top)
Offense
Sentence of confinement
Mandatory minimum confinement
Mandatory minimum fine
1st DUI in Virginia
Class 1 misdemeanor
BAC 0.15 – 0.20
Five days
$250
BAC More than 0.20
10 days
2nd DUI
within less
than 5 years
Not less than 1 month nor more than 1 year
Twenty days
BAC 0.15 – 0.20 additional period of 10 days
$500
BAC More than 0.20
Additional period of 20 days
2nd DUI in Virginia
within 5- 10
For not less than one month
Ten days
BAC 0.15 – 0.20 additional period of 10 days
$500,
BAC More than 0.20
Additional period of 20 days
Class 6 felony
3rd DUI in Virginia
committed
within 10 years
90 days
3rd DUI in Virginia
Committed
within 5-years
6 months
$1,000
4th or
subsequent DUI in Virginia offense within 10-
years
otherwise modified by the court, shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed 3 years.
one year
$1,000
VA Code § 18.2-270. Penalty for driving while intoxicated in Virginia; subsequent offense; prior conviction (top)
Except as otherwise provided herein, any person violating any provision of § 18.2-266 shall be guilty of a Class 1 misdemeanor with a mandatory minimum fine of $250. If the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of five days or, if the level was more than 0.20, for an additional mandatory minimum period of 10 days.
B. 1. Any person convicted of a second offense committed within less than five years after a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500 and by confinement in jail for not less than one month nor more than one year. Twenty days of such confinement shall be a mandatory minimum sentence.
2. Any person convicted of a second offense committed within a period of five to 10 years of a first offense under § 18.2-266 shall upon conviction of the second offense be punished by a mandatory minimum fine of $500, and by confinement in jail for not less than one month . Ten days of such confinement shall be a mandatory minimum sentence.
3. Upon conviction of a second offense within 10 years of a first offense, if the person’s blood alcohol level as indicated by the chemical test administered as provided in this article was at least 0.15, but not more than 0.20, he shall be confined in jail for an additional mandatory minimum period of 10 days or, if the level was more than 0.20, for an additional mandatory minimum period of 20 days. In addition, such person shall be fined a mandatory minimum fine of $500.
C. 1. Any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall upon conviction of the third offense be guilty of a Class 6 felony. The sentence of any person convicted of three offenses of § 18.2-266 committed within a 10-year period shall include a mandatory minimum sentence of 90 days, unless the three offenses were committed within a five-year period, in which case the sentence shall include a mandatory minimum sentence of confinement for six months. In addition, such person shall be fined a mandatory minimum fine of $1,000.
2. The punishment of any person convicted of a fourth or subsequent offense of § 18.2-266 committed within a 10-year period shall, upon conviction, include a mandatory minimum term of imprisonment of one year. In addition, such person shall be fined a mandatory minimum fine of $1,000. Unless otherwise modified by the court, the defendant shall remain on probation and under the terms of any suspended sentence for the same period as his operator’s license was suspended, not to exceed three years.
3. The vehicle solely owned and operated by the accused during the commission of a felony violation of § 18.2-266 shall be subject to seizure and forfeiture. After an arrest for a felony violation of § 18.2-266, the Commonwealth may file an information in accordance with § 19.2-386.1. If the information is filed, the Commonwealth shall notify the Commissioner of the Department of Motor Vehicles that the property is subject to seizure. The Commissioner shall act upon such notification pursuant to the provisions for certification and notice applicable to a seizure under § 19.2-375, except that the Commissioner shall serve the written notice of the seizure upon the registered owner and lienor in accordance with the requirements of § 8.01- 296. Any seizure shall be stayed until conviction and the exhaustion of all appeals at which time, if the information has been filed, the Commonwealth shall immediately commence seizure of the property in accordance with § 19.2-386.2.
D. In addition to the penalty otherwise authorized by this section or § 16.1-278.9, any person convicted of a violation of§ 18.2-266 committed while transporting a person 17 years of age or younger shall be (i) fined an additional minimum of $500 and not more than $1,000 and (ii) sentenced to a mandatory minimum period of confinement of five days.
E. For the purpose of this section, an adult conviction of any person, or finding of guilty in the case of a juvenile, under the following shall be considered a conviction of § 18.2-266: (i) the provisions of § 18.2-36.1 or the substantially similar laws of any other state or of the United States, (ii) the provisions of §§ 18.2-51.4, 18.2-266, former § 18.1-54 (formerly § 18-75), the ordinance of any county, city or town in this Commonwealth or the laws of any other state or of the United States substantially similar to the provisions of § 18.2-51.4, or § 18.2-266, or (iii) the provisions of subsection A of § 46.2-341.24 or the substantially similar laws of any other state or of the United States.
VA Code § 46.2-943. Court or jury may consider defendant’s prior traffic record before sentencing (top)
The term “traffic offense” when used in this section shall mean any moving traffic violation described or enumerated in subdivisions 1 and 2 of § 46.2- 382, whether such violation was committed within or outside the Commonwealth according to the records of the Department of Motor Vehicles.
The term “prior traffic record” when used in this section shall mean the record of prior suspensions and revocations of a driver’s license, and the record of prior convictions of traffic offenses described in the foregoing provisions of this section.
When any person is found guilty of a traffic offense, the court or jury trying the case may consider the prior traffic record of the defendant before imposing sentence as provided by law. After the prior traffic record of the defendant has been introduced, the defendant shall be afforded an opportunity to present evidence limited to showing the nature of his prior convictions, suspensions, and revocations.
VA Code § 18.2-268.3. Refusal of tests; penalties; procedures (top)
A. It shall be unlawful for a person who is arrested for a violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance to unreasonably refuse to have samples of his blood or breath or both blood and breath taken for chemical tests to determine the alcohol or drug content of his blood as required by § 18.2-268.2 and any person who so unreasonably refuses is guilty of a violation of this section.
B. When a person is arrested for a violation of § 18.2-51.4, 18.2-266, 18.2-266.1 or, subsection B of § 18.2-272 or of a similar ordinance and such person refuses to permit blood or breath or both blood and breath samples to be taken for testing as required by § 18.2-268.2, the arresting officer shall advise the person, from a form provided by the Office of the Executive Secretary of the Supreme Court, that (i) a person who operates a motor vehicle upon a highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood and breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, (iii) the unreasonable refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of the Commonwealth, (iv) the criminal penalty for unreasonable refusal within 10 years of a prior conviction for driving while intoxicated or unreasonable refusal is a Class 2 misdemeanor, and (v) the criminal penalty for unreasonable refusal within 10 years of any two prior convictions for driving while intoxicated or unreasonable refusal is a Class 1 misdemeanor. The form from which the arresting officer shall advise the person arrested shall contain a brief statement of the law requiring the taking of blood or breath samples, a statement that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the penalties for refusal.
C. The arresting officer shall, under oath before the magistrate, execute the form and certify, (i) that the defendant has refused to permit blood or breath or both blood and breath samples to be taken for testing; (ii) that the officer has read the portion of the form described in subsection B to the arrested person; (iii) that the arrested person, after having had the portion of the form described in subsection B read to him, has refused to permit such sample or samples to be taken; and (iv) how many, if any, violations of this section, § 18.2-266, or any offense described in subsection E of § 18.2- 270 the arrested person has been convicted of within the last 10 years. Such sworn certification shall constitute probable cause for the magistrate to issue a warrant or summons charging the person with unreasonable refusal. The magistrate shall attach the executed and sworn advisement form to the warrant or summons. The warrant or summons for a first offense under this section shall be executed in the same manner as a criminal warrant or summons. If the person arrested has been taken to a medical facility for treatment or evaluation of his medical condition, the arresting officer may read the advisement form to the person at the medical facility, and issue, on the premises of the medical facility, a summons for a violation of this section in lieu of securing a warrant or summons from the magistrate. The magistrate or arresting officer, as the case may be, shall forward the executed advisement form and warrant or summons to the appropriate court.
D. A first violation of this section is a civil offense and subsequent violations are criminal offenses. For a first offense the court shall suspend the defendant’s privilege to drive for a period of one year. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
If a person is found to have violated this section and within 10 years prior to the date of the refusal he was found guilty of any of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270, arising out of separate occurrences or incidents, he is guilty of a Class 2 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
If a person is found guilty of a violation of this section and within 10 years prior to the date of the refusal he was found guilty of any two of the following: a violation of this section, a violation of § 18.2-266, or a violation of any offense listed in subsection E of § 18.2-270 arising out of separate occurrences or incidents, he is guilty of a Class 1 misdemeanor and the court shall suspend the defendant’s privilege to drive for a period of three years. This suspension period is in addition to the suspension period provided under § 46.2-391.2.
VA Code § 18.2-268.2. Implied consent to post-arrest testing to determine drug or alcohol content of blood (top)
A. Any person, whether licensed by Virginia or not, who operates a motor vehicle upon a highway, as defined in § 46.2-100, in the Commonwealth shall be deemed thereby, as a condition of such operation, to have consented to have samples of his blood, breath, or both blood and breath taken for a chemical test to determine the alcohol, drug, or both alcohol and drug content of his blood, if he is arrested for violation of § 18.2-266, 18.2-266.1, or subsection B of § 18.2-272 or of a similar ordinance within three hours of the alleged offense.
B. Any person so arrested for a violation of clause (i) or (ii) of § 18.2- 266 or both, § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance shall submit to a breath test. If the breath test is unavailable or the person is physically unable to submit to the breath test, a blood test shall be given. The accused shall, prior to administration of the test, be advised by the person administering the test that he has the right to observe the process of analysis and to see the blood-alcohol reading on the equipment used to perform the breath test. If the equipment automatically produces a written printout of the breath test result, the printout, or a copy, shall be given to the accused.
C. A person, after having been arrested for a violation of clause (iii), (iv), or (v) of § 18.2-266 or § 18.2-266.1 or subsection B of § 18.2-272 or of a similar ordinance, may be required to submit to a blood test to determine the drug or both drug and alcohol content of his blood. When a person, after having been arrested for a violation of § 18.2-266 (i) or (ii) or both, submits to a breath test in accordance with subsection B or refuses to take or is incapable of taking such a breath test, he may be required to submit to tests to determine the drug or both drug and alcohol content of his blood if the law-enforcement officer has reasonable cause to believe the person was driving under the influence of any drug or combination of drugs, or the combined influence of alcohol and drugs.
VA Code § 18.2-269. Presumptions from alcohol or drug content of blood (top)
A. In any prosecution for a violation of § 18.2-36.1 or clause (ii), (iii) or (iv) of § 18.2-266, or any similar ordinance, the amount of alcohol or drugs in the blood of the accused at the time of the alleged offense as indicated by a chemical analysis of a sample of the accused’s blood or breath to determine the alcohol or drug content of his blood in accordance with the provisions of §§ 18.2-268.1 through 18.2-268.12 shall give rise to the following rebuttable presumptions:
(1) If there was at that time 0.05 percent or less by weight by volume of alcohol in the accused’s blood or 0.05 grams or less per 210 liters of the accused’s breath, it shall be presumed that the accused was not under the influence of alcohol intoxicants at the time of the alleged offense;
(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight by volume of alcohol in the accused’s blood or 0.05 grams but less than 0.08 grams per 210 liters of the accused’s breath, such facts shall not give rise to any presumption that the accused was or was not under the influence of alcohol intoxicants at the time of the alleged offense, but such facts may be considered with other competent evidence in determining the guilt or innocence of the accused;
(3) If there was at that time 0.08 percent or more by weight by volume of alcohol in the accused’s blood or 0.08 grams or more per 210 liters of the accused’s breath, it shall be presumed that the accused was under the influence of alcohol intoxicants at the time of the alleged offense; or
(4) If there was at that time an amount of the following substances at a level that is equal to or greater than: (a) 0.02 milligrams of cocaine per liter of blood, (b) 0.1 milligrams of methamphetamine per liter of blood, (c) 0.01 milligrams of phencyclidine per liter of blood, or (d) 0.1 milligrams of 3,4- methylenedioxymethamphetamine per liter of blood, it shall be presumed that the accused was under the influence of drugs at the time of the alleged offense to a degree which impairs his ability to drive or operate any motor vehicle, engine or train safely.
B. The provisions of this section shall not apply to and shall not affect any prosecution for a violation of § 46.2-341.24.
VA Code§ 18.2-268.7. Transmission of blood test samples; use as evidence (top)
A. Upon receipt of a blood sample forwarded to the Department for analysis pursuant to § 18.2-268.6, the Department shall have it examined for its alcohol or drug or both alcohol and drug content and the Director shall execute a certificate of analysis indicating the name of the accused; the date, time and by whom the blood sample was received and examined; a statement that the seal on the vial had not been broken or otherwise tampered with; a statement that the container and vial were provided or approved by the Department and that the vial was one to which the completed withdrawal certificate was attached; and a statement of the sample’s alcohol or drug or both alcohol and drug content. The Director shall remove the withdrawal certificate from the vial, attach it to the certificate of analysis and state in the certificate of analysis that it was so removed and attached. The certificate of analysis with the withdrawal certificate shall be returned to the clerk of the court in which the charge will be heard. After completion of the analysis, the Department shall preserve the remainder of the blood until 90 days have lapsed from the date the blood was drawn. During this 90-day period, the accused may, by motion filed before the court in which the charge will be heard, with notice to the Department, request an order directing the Department to transmit the remainder of the blood sample to an independent laboratory retained by the accused for analysis. The Department shall destroy the remainder of the blood sample if no notice of a motion to transmit the remaining blood sample is received during the 90-day period.
B. When a blood sample taken in accordance with the provisions of §§ 18.2- 268.2 through 18.2-268.6 is forwarded for analysis to the Department, a report of the test results shall be filed in that office. Upon proper identification of the certificate of withdrawal, the certificate of analysis, with the withdrawal certificate attached, shall, when attested by the Director, be admissible in any court, in any criminal or civil proceeding, as evidence of the facts therein stated and of the results of such analysis. On motion of the accused, the report of analysis prepared for the remaining blood sample shall be admissible in evidence provided the report is duly attested by a person performing such analysis and the independent laboratory that performed the analysis is accredited or certified to conduct forensic blood alcohol/drug testing by one or more of the following bodies: American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB); College of American Pathologists (CAP); United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA); or American Board of Forensic Toxicology (ABFT).
Upon request of the person whose blood was analyzed, the test results shall be made available to him.
The Director may delegate or assign these duties to an employee of the Department.
VA Code § 18.2-271. Forfeiture of driver’s license for driving while intoxicated (top)
A. Except as provided in § 18.2-271.1, the judgment of conviction if for a first offense under § 18.2-266 or for a similar offense under any county, city, or town ordinance, or for a first offense under subsection A of § 46.2-341.24, shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of one year from the date of such judgment. This suspension period shall be in addition to the suspension period provided under § 46.2-391.2.
B. If a person (i) is tried on a process alleging a second offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of a first offense for which the person was convicted, or found guilty in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth for a period of three years from the date of the judgment of conviction and such person shall have his license revoked as provided in subsection A of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked for a period of three years and that the penalty for violating that revocation is as set out in § 46.2-391. This suspension period shall be in addition to the suspension period provided under § 46.2- 391.2. Any period of license suspension or revocation imposed pursuant to this section, in any case, shall run consecutively with any period of suspension for failure to permit a blood or breath sample to be taken as required by §§ 18.2-268.1 through 18.2-268.12 or §§ 46.2-341.26:1 through 46.2- 341.26:11.
C. If a person (i) is tried on a process alleging a third or subsequent offense of violating § 18.2-266 or subsection A of § 46.2-341.24, or any substantially similar local ordinance, or law of any other jurisdiction, within ten years of two other offenses for which the person was convicted, or found not innocent in the case of a juvenile, under § 18.2-266 or subsection A of § 46.2-341.24 or any valid local ordinance or any law of any other jurisdiction substantially similar to § 18.2-266 or subsection A of § 46.2-341.24 and (ii) is convicted thereof, such conviction shall of itself operate to deprive the person so convicted of the privilege to drive or operate any motor vehicle, engine or train in the Commonwealth and such person shall not be eligible for participation in a program pursuant to § 18.2-271.1 and shall, upon such conviction, have his license revoked as provided in subsection B of § 46.2-391. The court trying such case shall order the surrender of the person’s driver’s license, to be disposed of in accordance with § 46.2-398, and shall notify such person that his license has been revoked indefinitely and that the penalty for violating that revocation is as set out in § 46.2-391.
D. Not withstanding any other provision of this section, the period of license revocation or suspension shall not begin to expire until the person convicted has surrendered his license to the court or to the Department of Motor Vehicles.
E. The provisions of this section shall not apply to, and shall have no effect upon, any disqualification from operating a commercial motor vehicle imposed under the provisions of the Commercial Driver’s License Act (§ 46.2-341.1 et seq.).
VA Code § 46.2-391.2. Administrative suspension of license or privilege to operate a motor vehicle (top)
A. If a breath test is taken pursuant to § 18.2-268.2 or any similar ordinance and (i) the results show a blood alcohol content of 0.08 percent or more by weight by volume or 0.08 grams or more per 210 liters of breath, or (ii) the results, for persons under 21 years of age, show a blood alcohol concentration of 0.02 percent or more by weight by volume or 0.02 grams or more per 210 liters of breath or (iii) the person refuses to submit to the breath test in violation of § 18.2-268.3 or any similar ordinance, and upon issuance of a petition or summons, or upon issuance of a warrant by the magistrate, for a violation of § 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance, or upon the issuance of a warrant or summons by the magistrate or by the arresting officer at a medical facility for a violation of § 18.2-268.3, or any similar ordinance, the person’s license shall be suspended immediately or in the case of (i) an unlicensed person, (ii) a person whose license is otherwise suspended or revoked, or (iii) a person whose driver’s license is from a jurisdiction other than the Commonwealth, such person’s privilege to operate a motor vehicle in the Commonwealth shall be suspended immediately. The period of suspension of the person’s license or privilege to drive shall be seven days, unless the petition, summons or warrant issued charges the person with a second or subsequent offense. If the person is charged with a second offense the suspension shall be for 60 days. If not already expired, the period of suspension shall expire on the day and time of trial of the offense charged on the petition, summons or warrant, except that it shall not so expire during the first seven days of the suspension. If the person is charged with a third or subsequent offense, the suspension shall be until the day and time of trial of the offense charged on the petition, summons or warrant.
A law-enforcement officer, acting on behalf of the Commonwealth, shall serve a notice of suspension personally on the arrested person. When notice is served, the arresting officer shall promptly take possession of any driver’s license held by the person and issued by the Commonwealth and shall promptly deliver it to the magistrate. Any driver’s license taken into possession under this section shall be forwarded promptly by the magistrate to the clerk of the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made together with any petition, summons or warrant, the results of the breath test, if any, and the report required by subsection B. A copy of the notice of suspension shall be forwarded forthwith to both (a) the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made and (b) the Commissioner. Transmission of this information may be made by electronic means.
The clerk shall promptly return the suspended license to the person at the expiration of the suspension. Whenever a suspended license is to be returned under this section or § 46.2-391.4, the person may elect to have the license returned in person at the clerk’s office or by mail to the address on the person’s license or to such other address as he may request.
B. Promptly after arrest and service of the notice of suspension, the arresting officer shall forward to the magistrate a sworn report of the arrest that shall include (i) information which adequately identifies the person arrested and (ii) a statement setting forth the arresting officer’s grounds for belief that the person violated § 18.2-51.4, 18.2-266, or 18.2-266.1, or a similar ordinance or refused to submit to a breath test in violation of § 18.2-268.3 or a similar ordinance. The report required by this subsection shall be submitted on forms supplied by the Supreme Court.
C. Any person whose license or privilege to operate a motor vehicle has been suspended under subsection A may, during the period of the suspension, request the general district court or, as appropriate, the court with jurisdiction over juveniles of the jurisdiction in which the arrest was made to review that suspension. The court shall review the suspension within the same time period as the court hears an appeal from an order denying bail or fixing terms of bail or terms of recognizance, giving this matter precedence over all other matters on its docket. If the person proves to the court by a preponderance of the evidence that the arresting officer did not have probable cause for the arrest, that the magistrate did not have probable cause to issue the warrant, or that there was not probable cause for issuance of the petition, the court shall rescind the suspension, or that portion of it that exceeds seven days if there was not probable cause to charge a second offense or 60 days if there was not probable cause to charge a third or subsequent offense, and the clerk of the court shall forthwith, or at the expiration of the reduced suspension time, (i) return the suspended license, if any, to the person unless the license has been otherwise suspended or revoked, (ii) deliver to the person a notice that the suspension under § 46.2-391.2 has been rescinded or reduced, and (iii) forward to the Commissioner a copy of the notice that the suspension under § 46.2-391.2 has been rescinded or reduced. Otherwise, the court shall affirm the suspension. If the person requesting the review fails to appear without just cause, his right to review shall be waived.
The court’s findings are without prejudice to the person contesting the suspension or to any other potential party as to any proceedings, civil or criminal, and shall not be evidence in any proceedings, civil or criminal.
D. If a person whose license or privilege to operate a motor vehicle is suspended under subsection A is convicted under § 18.2-36.1, 18.2-51.4, 18.2-266, or 18.2-266.1, or any similar ordinance during the suspension imposed by subsection A, and if the court decides to issue the person a restricted permit under subsection E of § 18.2-271.1, such restricted permit shall not be issued to the person before the expiration of the first seven days of the suspension imposed under subsection A.
§ 46.2-341.26:3. Refusal of tests; issuance of out-of-service orders; disqualification (top)
A. If a person arrested for a violation of § 46.2-341.24 or § 46.2- 341.31, after having been advised by a law-enforcement officer (i) that a person who operates a commercial motor vehicle on a public highway in the Commonwealth is deemed thereby, as a condition of such operation, to have consented to have samples of his blood or breath taken for chemical tests to determine the alcohol or drug content of his blood, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and (iii) that the unreasonable refusal to do so constitutes grounds for the issuance of an out-of-service order and for the disqualification of such person from operating a commercial motor vehicle, then refuses to permit blood or breath samples to be taken for such tests, the law-enforcement officer shall take the person before a magistrate. If he again refuses after having been further advised by the magistrate (i) of the law requiring blood or breath samples to be taken, (ii) that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and (iii) the sanctions for refusal, and declares again his refusal in writing on a form provided by the Supreme Court, or refuses or fails to so declare in writing and such fact is certified as prescribed below, then no blood or breath samples shall be taken even though he may later request them.
B. The form shall contain a brief statement of the law requiring the taking of blood or breath samples, that a finding of unreasonable refusal to consent may be admitted as evidence at a criminal trial, and the sanctions for refusal; a declaration of refusal; and lines for the signature of the person from whom the blood or breath sample is sought, the date, and the signature of a witness to the signing. If the person refuses or fails to execute the declaration, the magistrate shall certify such fact and that the magistrate advised the person that a refusal to permit a blood or breath sample to be taken, if found to be unreasonable, constitutes grounds for immediate issuance of an out-of-service order prohibiting him from driving a commercial vehicle for a period of twenty-four hours, and for the disqualification of such person from operating a commercial motor vehicle.
C. If the magistrate finds that there was probable cause to believe the refusal was unreasonable, he shall immediately issue an out-of-service order prohibiting the person from operating a commercial motor vehicle for a period of twenty-four hours and shall issue a warrant or summons charging such person with a violation of § 46.2-341.26:2. The warrant or summons shall be executed in the same manner as criminal warrants. Venue for the trial of the warrant or summons shall lie in the court of the county or city in which the criminal offense is to be tried.
D. The executed declaration of refusal or the certificate of the magistrate, as the case may be, shall be attached to the warrant and shall be forwarded by the magistrate to the court.
E. Then the court receives the declaration or certificate together with the warrant or summons charging refusal, the court shall fix a date for the trial of the warrant or summons, at such time as the court designates.
F. The declaration of refusal or certificate under § 46.2-341.26:3 shall be prima facie evidence that the defendant refused to allow a blood or breath sample to be taken to determine the alcohol or drug content of his blood. However, this shall not prohibit the defendant from introducing on his behalf evidence of the basis for his refusal. The court shall determine the reasonableness of such refusal.
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MARYLAND TRAFFIC ATTORNEY
DEFEND CLIENTS CHARGED WITH DUI/DWI IN MARYLAND
Maryland DUI – DWI laws Information page
A night out on the town can take a fun night and turn it into one of the most horrible experiences of your life. Simply put, a night of drinking even in moderation can result in you having your first and only contact with the law. The experience will most likely leave you shaken and terrified. Our goal is to help you with information about some of the laws in Maryland regarding DUI & DWI. If you think you still need help after reading this page and you probably do, then call us at 888-437-7747 or feel free to email us. We will get back to you the very same day within 8 hours, Monday – Friday. The Maryland DUI & DWI attorneys of of SRIS, P.C. have offices in Rockville & Baltimore . If you wish to consult a SRIS, P.C. DUI lawyer or DWI attorney, please simply contact us by calling our toll free number, via e-mail or by filling out our on-line form. A Maryland lawyer who is extremely experienced in handling DUI or DWI charges in Maryland will consult with you regarding your matter and advise you of your options. Call us today .
Note: Maryland parents of children whose children have been charged with a DUI / DWI / or underage possession of alcohol should be aware that courts are no longer treating people under the age of 21 who are consuming alcohol lightly. In fact, some institutions of higher learning are expelling students who are convicted of underage possession of alcohol.
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To obtain a general overview of DUI, OUI, and DWI defense, please click here
To learn more about the laws pertaining to DUI, OUI, and DWI defense in Virginia or Massachusetts, please click on the state.
Maryland DUI / DWI Facts (top)
- What’s the difference in DUI and DWI?
- What about Breathalyzer Tests?
- What are Field Sobriety Tests?
- What are the Open Container Laws?
- What if you have Multiple DUI / DWI Convictions?
- What if your have a License Suspension in Maryland?
- What if you have a Occupational Licenses?
- Getting The Legal Help You Need
- At SRIS, P.C. we guarantee you the following:
The following are some of the State of Maryland Laws for DUI, DWI, and OUI offenses. Click on any of the following laws to learn more about them.
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Driving while under the influence or impaired
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Drinking while driving prohibited
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Alcohol or drug offenses; revocation
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Impoundment or immobilization of vehicles
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Other penalty; ignition interlock system
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Prohibited conduct
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Misrepresentation of age
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Underage possession
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Obtaining for underage consumption
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Furnishing for or allowing underage consumption
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Alcohol prohibited
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Maryland DUI / DWI Facts
MARYLAND LAWS
MD Code, Transportation, § 21-902. Driving while under the influence or impaired (top)
(a)(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A per son may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(b)(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(c)(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(d)(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.
MD Code, Transportation, § 21-903. Drinking while driving prohibited (top)
(a)(1) In this section the following words have the meanings indicated.
(2) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.
(3)(i) “Passenger area” means an area that:
1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or
2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.
(ii) “Passenger area” does not include:
1. A locked glove compartment;
2. The trunk of a motor vehicle; or
3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.
(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.
(c) A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(d) Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibition contained in this section applies throughout the State.
MD Code, Transportation, § 16-205. Alcohol or drug offenses; revocation (top)
(a) The Administration may revoke the license of any person who:
(1) Is convicted under § 21-902(a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or
(2) Within a 3-year period, is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely and who was previously convicted of any combination of two or more violations under:
(i) § 21-902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se;
(ii) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(iii) § 21-902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely; or
(iv) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(b) The Administration:
(1) Shall revoke the license of any person who has been convicted, under Title 2, Subtitle 5 of the Criminal Law Article, of homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; and
(2) May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.
(c) The Administration may suspend for not more than 60 days the license of any person who is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.
(d) The Administration may suspend for not more than 120 days the license of any person who, within a 3-year period, is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely and who was previously convicted of a violation under:
(1) § 21-902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se; (2) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(3) § 21-902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely; or
(4) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(e)(1) In this subsection, “motor vehicle” does not include a commercial motor vehicle.
(2) Subject to the provisions of this subsection, the Administration shall suspend for 1 year the license of a person who is convicted of a violation of § 21-902(a)of this article more than once within a 5-year period.
(3) On receiving a record of a conviction of a person for a violation of § 21-902(a) of this article more than once within a 5-year period, the Administration shall issue to the person a notice of suspension of the person’s license that:
(i) States that the person’s license shall be suspended for 1 year; and
(ii) Advises the person of the right to request a hearing under this paragraph.
(4) After notice under paragraph (3) of this subsection, the Administration shall suspend a person’s license under this subsection if:
(i) The person does not request a hearing;
(ii) After a hearing, the Administration finds that the person was convicted of more than one violation of § 21-902(a) of this article within a 5-year period; or
(iii) The person fails to appear for a hearing requested by the person.
(5) The Administration shall, within 90 days of the expiration of the 1-year period of suspension, issue to the person a notice, unless this notice requirement was waived at a hearing described in paragraph (4) of this subsection, that:
(i) States that the person shall maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person;
(ii) States that the Administration shall impose a restriction on the person’s license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system for a period of not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension; and
(iii) Advises the person of the right to request a hearing under this paragraph.
(6) After notice under paragraph (5) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person and impose a license restriction that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system if:
(i) The person does not request a hearing;
(ii) The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (7) and (8) of this subsection, will be created by requiring the person to maintain an ignition interlock system on each motor vehicle owned by the person; or
(iii) The person fails to appear for a hearing requested by the person.
(7) If the Administration finds at a hearing that maintenance of an ignition interlock system on a motor vehicle owned by the person creates a financial hardship on the person, the family of the person, or a co-owner of the motor vehicle, the Administration:
(i) Shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system; and
(ii) May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies.
(8) An exemption under paragraph (7)(ii) of this subsection applies only under circumstances that:
(i) Are specific to the person’s motor vehicle; and
(ii) Meet criteria contained in regulations that shall be adopted by the Administration.
(9) If a person requests a hearing and the Administration finds that the person does not own a motor vehicle at the expiration of the 1-year period of suspension, the Administration shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system.
(10) Each notice and hearing under this subsection shall meet the requirements of Title 12, Subtitle 2 of this article.
(11) This subsection does not limit any provision of this article that allows or requires the Administration to:
(i) Revoke or suspend a license of a person; or
(ii) Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system.
(12) A suspension imposed under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21-902(a) of this article described in this subsection.
(f)(1) Subject to paragraph (2) of this subsection, the Administration may modify any suspension under this section or any suspension under § 16-205.1 of this subtitle and issue a restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title.
(2) The Administration may not modify a suspension and issue a restrictive license during a mandatory period of suspension described in subsection (e) of this section.
(g) When a suspension imposed under subsections (c), (d), or (e) of this section expires, the Administration immediately shall return the license or reinstate the privilege of the driver, unless the license or privilege has been refused, revoked, suspended, or canceled under any other provisions of the Maryland Vehicle Law.
MD Code, Transportation, § 27-111- Impoundment or immobilization of vehicles (top)
In this section, “police department” has the same meaning indicated in § 25-201 of this article.
(b)(1) For the purpose of impounding or immobilizing a vehicle under this section, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of paragraph (2) of this subsection, use other persons, equipment, and facilities for immobilizing vehicles or removing, preserving, and storing impounded vehicles.
(2) A police department may not authorize the use of a tow truck under paragraph (1) of this subsection unless the tow truck is registered under § 13-920 of this article.
(c)(1) As a sentence, a part of a sentence, or a condition of probation, a court may order, for not more than 180 days, the impoundment or immobilization of a solely owned vehicle used in the commission of a violation of § 16- 303(c) or (d) of this article if, at the time of the violation:
(i) The owner of the vehicle was driving the vehicle; and
(ii) The owner’s license was suspended or revoked under § 16-205 of this article.
(2) Among the factors that a court may consider in determining whether to order an impoundment or immobilization of a vehicle is whether the vehicle is the primary means of transportation available for the use of the individual’s immediate family.
(3)(i) Subject to the provisions of subparagraph (ii) of this paragraph, impoundment or immobilization of a vehicle may not be ordered under this section, if the registered owner of the vehicle made a bona fide sale, gift, or other transfer of the vehicle to another person before the date of the finding of a violation of § 16-303(c) or (d) of this article.
(ii) The registered owner of the vehicle has the burden of proving that a bona fide sale, gift, or other transfer of the vehicle has occurred.
(d)(1) The registered owner of a vehicle impounded or immobilized under this section is responsible for all actual costs incurred as a result of the immobilizing of the vehicle, or the towing, preserving, and storing of the impounded vehicle.
(2) The court may require the registered owner of a vehicle impounded or immobilized under this section to post a bond or other adequate security to equal the actual costs of immobilizing the vehicle, or towing, preserving, and storing the vehicle, and providing the notices required under subsection (f) of this section.
(3) Subject to the provisions of this section, a police department that impounds a vehicle by taking the vehicle into custody or immobilizes a vehicle under this section promptly shall return possession or use of the vehicle to the registered owner of the vehicle on payment of all actual costs of immobilizing the vehicle, or towing, preserving, and storing the impounded vehicle, and providing the notices required under subsection (f) of this section.
(e) If a court orders the impoundment or immobilization of a vehicle under this section, the court shall provide for the execution of the impoundment or immobilization by a police department.
(f)(1) If a court orders the impoundment or immobilization of a vehicle under this section, the police department that executes the immobilization, or the impoundment by taking the vehicle into custody, shall, as soon as reasonably possible and within 7 days after the police department executes the court order, send a notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(i) Each registered owner of the vehicle as shown in the records of the Administration; and
(ii) Each secured party, as shown in the records of the Administration.
(2) The notice shall:
(i) State that the vehicle has been immobilized, or impounded by being taken into custody;
(ii) Describe the year, make, model, and vehicle identification number of the vehicle;
(iii) Provide the location of where the vehicle is immobilized or the location of the facility where the vehicle is impounded;
(iv) Include the amount of the actual costs of immobilization, or towing, preservation, and storage of an impounded vehicle;
(v) Include the amount of the actual costs of the notices required under this paragraph; and
(vi) Provide that, if an impounded vehicle is not reclaimed as required under this subsection, within 10 days after the date specified in the court order, the impounded vehicle will be considered an abandoned vehicle and subject to the provisions of Title 25, Subtitle 2 of this article.
(3) If an impounded vehicle is not reclaimed within 10 days after the date specified in a court order under this section, the vehicle shall be considered an abandoned vehicle subject to the provisions of Title 25, Subtitle 2 of this article.
(g)(1) This section may not be construed to prohibit a lienholder from exercising its rights under applicable law, including the right to sell a vehicle that has been impounded or immobilized under this section, in the event of a default in the obligation giving rise to the lien.
(2)(i) A lienholder exercising the right to sell a vehicle that has been impounded or immobilized under this section shall notify, in writing, the police department with custody of the vehicle of the lienholder’s intention to sell the vehicle.
(ii) The notice shall be accompanied by copies of documents giving rise to the lien and shall include an affidavit under oath by the lienholder that the underlying obligation is in default and the reasons for the default.
(iii) On request of the lienholder and on payment of all costs required under this section, the vehicle shall be released to the lienholder.
(3) Except as provided in paragraph (4) of this subsection, the rights and duties provided by law to the lienholder for the sale of collateral securing an obligation in default shall govern the repossession and sale of the vehicle.
(4)(i) The lienholder may not be required to take possession of the vehicle before a sale of the vehicle.
(ii) The proceeds of any sale shall be applied first to the actual costs of immobilization, or towing, preservation, and storage of an impounded vehicle, and the actual costs of the notices required under subsection (f) of this section, then as provided by law for distribution of proceeds of a sale by the lienholder.
(5)(i) If the interest of the owner in the vehicle is redeemed, the lienholder shall, within 10 days after the redemption, mail a notice of the redemption to the police department who impounded or immobilized the vehicle.
(ii) If the vehicle has been repossessed or otherwise lawfully taken by the lienholder and the time specified by a court order under this section has not expired, the lienholder shall return the vehicle within 21 days after the redemption to the police department who impounded or immobilized the vehicle.
(h) This section does not affect the requirements of Title 25, Subtitle 2 of this article regarding abandoned vehicles.
MD Code, Transportation, § 27-107. Other penalty; ignition interlock system (top)
(a) In this section, “ignition interlock system” means a device that:
(1) Connects a motor vehicle ignition system to a breath analyzer that measures a driver’s blood alcohol level; and
(2) Prevents a motor vehicle ignition from starting if a driver’s blood alcohol level exceeds the calibrated setting on the device.
(b) In addition to any other penalties provided in this title for a violation of any of the provisions of § 21-902(a) of this article (“Driving while under the influence of alcohol or under the influence of alcohol per se”), or § 21-902(b) of this article (“Driving while impaired by alcohol”), or in addition to any other condition of probation, a court may prohibit a person who is convicted of, or granted probation under § 6-220 of the Criminal Procedure Article for, a violation of § 21-902(a) or § 21-902(b) of this article from operating for not more than 3 years a motor vehicle that is not equipped with an ignition interlock system.
(c) If the court imposes the use of an ignition interlock systems a sentence, part of a sentence, or a condition of probation, the court:
(1) Shall state on the record the requirement for, and the period of the use of the system, and so notify the Administration;
(2) Shall direct that the records of the Administration reflect:
(i) That the person may not operate a motor vehicle that is not equipped with an ignition interlock system; and
(ii) Whether the court has expressly permitted the person to operate a motor vehicle without an ignition interlock system under subsection (g)(2) of this section;
(3) Shall direct the Administration to note in an appropriate manner a restriction on the person’s license imposed under paragraph (2)(i) or (ii) of this subsection;
(4) Shall require proof of the installation of the system and periodic reporting by the person for verification of the proper operation of the system;
(5) Shall require the person to have the system monitored for proper use and accuracy by an entity approved by the Administration at least semiannually, or more frequently as the circumstances may require; and
(6)(i) Shall require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the system; and
(ii) May establish a payment schedule.
(d) A person prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system may not solicit or have another person attempt to start or start a motor vehicle equipped with an ignition interlock system.
(e) A person may not attempt to start or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system.
(f) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section or Title 16 of this article.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, a person may not knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to another person who the person knows is prohibited under subsection (b) of this section or Title 16 of this article from operating a motor vehicle not equipped with an ignition interlock system.
(2) If a person is required, in the course of the person’s employment, to operate a motor vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in the course of the person’s employment without installation of an ignition interlock system if the court or the Administration has expressly permitted the person to operate in the course of the person’s employment a motor vehicle that is not equipped with an ignition interlock system.
MD Code, Criminal Law, § 10-125- Prohibited conduct (top)
Possession of open container
(a)(1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle.
MD Code, Criminal Law, § 10-113. Misrepresentation of age (top)
An individual may not knowingly and willfully make a misrepresentation or false statement as to the age of that individual or another to any person licensed to sell alcoholic beverages or engaged in the sale of alcoholic beverages, for the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic beverage to an individual.
MD Code, Criminal Law, § 10-114. Underage possession (top)
An individual under the age of 21 years may not possess or have under the individual’s charge or control an alcoholic beverage unless the individual is a bona fide employee of the license holder as defined in Article 2B, § 1-102 of the Code and the alcoholic beverage is in the possession or under the charge or control of the individual in the course of the individual’s employment and during regular working hours.
MD Code, Criminal Law, § 10-116. Obtaining for underage consumption (top)
An individual may not obtain an alcoholic beverage from any person licensed to sell alcoholic beverages for consumption by another who the individual obtaining the beverage knows is under the age of 21 years.
MD Code, Criminal Law, § 10-117. Furnishing for or allowing underage consumption (top)
Prohibited–Furnishing alcohol
(a) Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:
(1) the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.
Prohibited–Allowing possession or consumption of alcohol
(b) Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.
Exceptions
(c)(1) The prohibition set forth in subsection (a) of this section does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:
(i) are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or
(ii) are participants in a religious ceremony.
(2) The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:
(i) are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or
(ii) are participants in a religious ceremony.
MD Code, Education,§ 26-103. Alcohol prohibited (top)
(a)(1) Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school .
(2) A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any elementary or secondary school athletic contest may not refuse to comply with a request by a law enforcement officer to stop drinking and causing the public disturbance. If the person complies with the first request, he may not be charged under this paragraph.
(b)(1) Any person under 18 years of age who violates the provisions of this section shall be issued a citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.
(2) Any person 18 years old or older violating the provisions of this section shall be issued a citation and be subject to § 10-119 of the Criminal Law Article.
DUI & DWI & OWI in Maryland:
You’ve probably heard the terms DUI, DWI or perhaps even OUI. But what exactly do they mean?
“DWI” stands for “driving while impaired.”
“DUI” represents “driving under the influence.”
“OUI” is “operating under the influence.”
All three terms essentially mean the same thing: Operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level.
Most states set the level at 0.10, although some states have or are considering lowering the level to 0.08. In Maryland, there are actually two blood alcohol level standards:
A blood alcohol level in Maryland of 0.08 or higher will result in a DUI (Driving under the influence) arrest. Having a BAC level in Maryland of 0.07 will result in an arrest for DWI (driving while impaired).
DUI / DWI Penalties in Maryland
A DUI in Maryland (BAC of 0.08 or higher) carries with it a minimum of 45 days motor vehicle license suspension, a fine of up to $1,000, 12 points on your driving record and a possible jail term of one year. This is just for the first offense!
A DWI in Maryland (BAC of 0.07) is a slightly lesser offense. But only slightly. Your drivers license can be suspended for up to 60 days (no minimum) you can be fined up to $500, and receive a possible two month jail term. Plus you’ll get 8 points on your driving license.
In Maryland, taking a breath test is mandatory if the officer suspects you’ve been drinking and driving. If you refuse, that fact can now be admitted into court as evidence of DUI guilt. Even if you weren’t intoxicated, the law will treat you as if you were – with the same penalties applying.
Remember – in Maryland as in all the other states, driving is not a right but a privilege. The state can revoke that privilege for any legal reason it so chooses.
Field Sobriety Tests In Maryland (top)
A field sobriety test is used by an officer in Maryland to help determine if, in his or her opinion, you are under the influence of alcohol and should be arrested for drunk driving.
The officer may place you through a series of balance tests like walking an imaginary line or leaning back with eyes closed, coordination tests like counting on your fingers or touching a finger to your nose while your eyes are closed, or mental tests requiring you to recite the alphabet or count backwards.
If you fail these tests, it’s viewed as additional evidence of your guilt. Again in Maryland – taking these tests are not discretionary.
There are defenses to these field sobriety tests. In one such case, a police officer ordered an obese and disabled man to take a “walk and turn test.” The man failed. At trial, it came out the police officer had no idea that the test he gave was in direct contradiction of National Highway Traffic Safety Administration (“NHTSA”) manual standards for overweight or physically impaired individuals. The defendant was acquitted.
Open Container Laws In Maryland (top)
Basically, open container laws mean just what they imply: You can’t have or posses any open alcoholic beverage container, or consume any alcoholic beverage in the passenger area of a motor vehicle. (Store that bottle in your trunk!)
Multiple DUI / DWI Convictions In Maryland (top)
Briefly, they aren’t very pretty. A second DUI in Maryland increases the fine to $2,000 and possibly two years in jail. A second DWI offense can cost you up to $500 in fines and a one year jail term.
If you strike out a third time in Maryland, you’re in a whole new world of hurt. Expect a mandatory jail term, a felony conviction on your records, a lengthy alcohol education program, the possibility of having an ignition interlock device attached to your car, and even more restrictions placed on your freedom and movements.
License Suspension in Maryland (top)
If you’ve been charged with a DWI or DUI in Maryland, you only have 10 days from the date of arrest to request a Maryland Motor Vehicle Administration (MVA) hearing. If you don’t request the hearing, or miss the ten day window of opportunity, your license will be automatically suspended.
Even if you were arrested in another state other than Maryland for a DUI or DWI offense, if you have a Maryland license, you’ll still need to get an MVA hearing to protect your driving privileges. Maryland is one of the 45 states sharing information about DWI and DWI arrests and convictions.
Occupational Licenses In Maryland (top)
In Maryland, you may still be able to get an “occupational license” even if your drivers license has been suspended. These are available under many different circumstances. The judge must find that an “essential need” exists, such as school or job commuting. The license is restricted as to routes, areas and times.
Getting The Legal Help You Need In Maryland (top)
As you see, DUI or DWI offenses in Maryland are nothing to fool around with. If you’ve been charged with Driving Under the Influence or Driving While Impaired, it’s essential you have competent and experienced legal help.
At SRIS, P.C. we guarantee you the following: (top)
There is no charge for the initial consultation with a DUI or DWI lawyer to discuss the facts of your case.
All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line.
There is always a written retainer agreement, specifying all details and payments expected.
Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case in Maryland is an important decision. There’s a lot at stake. We know no matter how many cases we’ve handled, or whom we’ve represented before, the only case that matters to you is yours.
You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. A highly qualified DUI / DWI lawyer is just a toll-free phone call away.
The Maryland DUI attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore but our sphere of activity is statewide. Our Maryland attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.
MARYLAND EXPUNGEMENT ATTORNEYS
Sometimes, you are wrongly charged with a criminal offense in Maryland and then the case is dismissed after a trial or dropped without the prosecution pursuing it any further. That is great news. Except now you have a Maryland criminal charge on your record regardless of the fact that you were never found to have done anything wrong. The only way to get rid of this black mark on your record is to have it expunged. Below, you will find some information about cleaning up your criminal record in Maryland. Once you read it and want the help of a Maryland expungement lawyer to get your record cleaned up, contact one of our Maryland expungement attorneys of SRIS, P.C. We have very experienced in assisting clients with Maryland expungements. Our Maryland expungement attorneys routinely go before the Courts of Maryland and petition the courts for expungements. We have offices in Rockville and Annapolis, Maryland. If you wish to consult a SRIS, P.C. Maryland expungement lawyer, please simply contact us. A Maryland expungement attorney of SRIS, P.C. will gladly consult with you regarding your matter. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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ANNAPOLIS, MARYLAND OFFICE: |
ROCKVILLE, MARYLAND OFFICE: |
To obtain a general overview of expungement laws, please click here
To learn more about the laws pertaining to expungement laws in Virginia or Massachusetts, please click on the state.
The following is the Criminal Procedures for obtaining an expungement in the State of Maryland. Click on any of the following laws to learn more about them.
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What is an Expungement?
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How do you get a charge expunged?
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Expungement of police record when no charge is filed
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Expungement of record after charge is filed
- Expungement of criminal charge transferred to juvenile court
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Expungement of driving record
EXPUNGEMENT LAWS
MD Code, Criminal Procedure, § 10-101 Definitions (top)
(d) “Expunge” means to remove information from public inspection in accordance with this subtitle.
(e) “Expungement” with respect to a court record or a police record means removal from public inspection:
(1) by obliteration;
(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or
(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.
MD Code, Criminal Procedure, § 10-102. Scope (top)
(a) A police record or a court record may be expunged under this subtitle.
(b)(1) A court record or a police record that existed before July 1, 1975 , and is still maintained, may be expunged under this subtitle.
(2) A person who is entitled to the expungement of a court record or a police record that existed before July 1, 1975 , may use the procedures for expungement provided under this subtitle.
(3) The limitation periods provided in §§ 10-103 and 10-105 of this subtitle begin when the person becomes entitled to expungement of a court record or a police record that existed before July 1, 1975.
(4) The custodian of court records or police records that were made before July 1, 1975 , and that may be expunged under this subtitle:
(i) shall make a reasonable search for a record requested for expungement; but
(ii) need not expunge a court record or a police record that is not found after a reasonable search.
(c) This subtitle does not apply to:
(1) a record about a minor traffic violation;
(2) the published opinion of a court;
(3) a cash receipt or disbursement record that is necessary for audit purposes;
(4) a transcript of court proceedings made by a court reporter in a multiple defendant case;
(5) an investigatory file; or
(6) a record of the work product of a law enforcement unit that is used solely for police investigation.
MD Code, Criminal Procedure,§ 10-103. Expungement of police record when no charge is filed (top)
(a) A person who is arrested, detained, or confined by a law enforcement unit for the suspected commission of a crime and then is released without being charged with the commission of a crime may:
(1) give written notice of these facts to a law enforcement unit that the person believes may have a police record about the matter; and
(2) request the expungement of the police record.
(b)(1) Except as provided in paragraph (2) of this subsection, a person may not give notice under this subtitle before the statute of limitations expires for all tort claims that arise from the incident.
(2)(i) A person may give notice before the statute of limitations expires if the person attaches to the notice a written general waiver and release, in legal form, of all tort claims that the person has arising from the incident.
(ii) The notice and waiver are not subject to expungement.
(3) The law enforcement unit shall keep the notice and waiver at least until any applicable statute of limitations expires.
(4) The person shall give the notice within 8 years after the date of the incident.
(c)(1) On receipt of a timely filed notice, the law enforcement unit promptly shall investigate and try to verify the facts stated in the notice.
(2) If the law enforcement unit finds the facts are true, the law enforcement unit shall:
(i) search diligently for each police record about the arrest, detention, or confinement of the person;
(ii) expunge each police record it has about the arrest, detention, or confinement within 60 days after receipt of the notice; and
(iii) send a copy of the notice and the law enforcement unit’s verification of the facts in the notice to:
1. the Central Repository;
2. each booking facility or law enforcement unit that the law enforcement unit believes may have a police record about the arrest, detention, or confinement; and
3. the person requesting expungement.
(d) Within 30 days after receipt of the notice, the Central Repository, booking facility, and any other law enforcement unit shall search diligently for and expunge a police record about the arrest, detention, or confinement.
(e) If the law enforcement unit to which the person has sent notice finds that the person is not entitled to an expungementof the police record, the law enforcement unit, within 60 days after receipt of the notice, shall advise the person in writing of:
(1) the denial of the request for expungement;and
(2) the reasons for the denial.
(f)(1)(i) If a request by the person for expungement of a police record is denied under subsection (e) of this section, the person may apply for an order of expungementin the District Court that has proper venue against the law enforcement unit.
(ii) The person shall file the application within 30 days after the written notice of the denial is mailed or delivered to the person.
(2) After notice to the law enforcement unit, the court shall hold a hearing.
(3) If the court finds that the person is entitled to expungement, the court shall order the law enforcement unit to expungethe police record.
(4) If the court finds that the person is not entitled to expungementof the police record, the court shall deny the application.
(5)(i) The law enforcement unit is a party to the proceeding.
(ii) Each party to the proceeding is entitled to appellate review on the record, as provided in the Courts Article for appeals in civil cases from the District Court.
MD Code, Criminal Procedure, § 10-105. Expungement of record after charge is filed (top)
(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21-902 of the Transportation Article or Title 2, Subtitle 5 or § 3-211 of the Criminal Law Article;
(4) a nolle prosequi or nolle prosequi with the requirement of drug or alcohol treatment is entered;
(5) the court indefinitely post pones trial of a criminal charge by marking the criminal charge “stet” or stet with the requirement of drug or alcohol abuse treatment on the docket;
(6) the case is compromised under § 3-207 of the Criminal Law Article;
(7) the charge was transferred to the juvenile court under § 4-202 of this article; or
(8) the person:
(i) is convicted of only one criminal act, and that act is not a crime of violence; and
(ii) is granted a full and unconditional pardon by the Governor.
(b)(1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition in the court in which the proceeding began.
(2) If the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.
(3)(i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.
(ii) The appellate court may remand the matter to the court of original jurisdiction.
(c)(1) Except as provided in paragraph (2) of this subsection, a petition for expungement based on an acquittal, a nolle prosequi, or a dismissal may not be filed within 3 years after the disposition, unless the petitioner files with the petition a written general waiver and release of all the petitioner’s tort claims arising from the charge.
(2) A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:
(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse treatment were completed; or
(ii) 3 years after the probation was granted or stet with the requirement of drug or alcohol abuse treatment was entered on the docket.
(3) A petition for expungement based on a nolle prosequi with the requirement of drug or alcohol treatment may not be filed until the completion of the required treatment.
(4) A petition for expungement based on a full and unconditional pardon by the Governor may not be filed later than 10 years after the pardon was signed by the Governor.
(5) Except as provided in paragraph (2) of this subsection, a petition for expungement based on a stet or a compromise under § 3-207 of the Criminal Law Article may not be filed within 3 years after the stet or compromise.
(6) A court may grant a petition for expungementat any time on a showing of good cause.
(d)(1) The court shall have a copy of a petition for expungementserved on the State’s Attorney.
(2) Unless the State’s Attorney files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungementof all police records and court records about the charge.
(e)(1) If the State’s Attorney files a timely objection to the petition, the court shall hold a hearing.
(2) If the court at the hearing finds that the person is entitled to expungement, the court shall order the expungementof all police records and court records about the charge.
(3) If the court finds that the person is not entitled to expungement,the court shall deny the petition.
(4) The person is not entitled to expungementif:
(i) the petition is based on the entry of probation before judgment, a nolle prosequi, or a stet, including a nolle prosequi with the requirement of drug or alcohol treatment or a stet with the requirement of drug or alcohol abuse treatment, or the grant of a pardon by the Governor; and
(ii) the person:
1. since the full and unconditional pardon or entry, has been convicted of a crime other than a minor traffic violation; or
2. is a defendant in a pending criminal proceeding.
(f) Unless an order is stayed pending an appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.
(g)(1) The State’s Attorney is a party to the proceeding.
(2) A party aggrieved by the decision of the court is entitled to appellate review as provided in the Courts Article
MD Code, Criminal Procedure, § 10-106 Expungement of criminal charge transferred to juvenile court (top)
(a) In this section, “delinquency petition” means a petition filed under § 3-8A-10 of the Courts Article alleging that a child is a delinquent child.
(b) A person may file a petition for expungement of a criminal charge transferred to the juvenile court under § 4-202 of this article:
(1) after the date of the decision not to file a delinquency petition; or
(2) after the decision on the delinquency petition of facts-not-sustained.
(c) The court may grant a petition for expungement to a person when the person becomes 21 years old, if a charge transferred under § 4-202 of this article resulted in the adjudication of the person as a delinquent child.
(d) A court shall grant a petition for expungement of a criminal charge that was transferred to the juvenile court under § 4-202 of this article, if:
(1) the charge that was transferred under § 4-202 of this article did not result in the filing of a delinquency petition; or
(2) the decision on the delinquency petition was that there was a finding of facts-not-sustained.
MD Code, Transportation, § 16-117.1. Expungement of driving record (top)
(a) In this section, “criminal offense” does not include any violation of the Maryland Vehicle Law.
(b) Except as provided in subsection (c) of this section and in Subtitle 8 of this title, if a licensee applies for the expungement of the licensee’s public driving record, the Administration shall expungethe record if, at the time of application:
(1) The licensee does not have charges pending for allegedly committing a moving violation or a criminal offense involving a motor vehicle; and
(2)(i) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 3 years, and the licensee’s license never has been suspended or revoked;
(ii) The licensee has not been convicted of a moving violation or a criminal offense involving a motor vehicle for the preceding 5 years, and the licensee’s record shows not more than one suspension and no revocations; or
(iii) Within the preceding 10 years:
1. The licensee has not been convicted of nor been granted probation before judgment for a violation of § 20-102 or § 21-902 of this article;
2. The licensee’s driving record shows no convictions from another jurisdiction of a moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
3. The licensee has not been convicted of any other moving violation or criminal offense involving a motor vehicle, regardless of the number of suspensions or revocations.
(c) The Administration may refuse to expunge a driving record if it determines that the individual requesting the expungementhas not driven a motor vehicle on the highways during the particular conviction-free period on which the request is based.
(d) The Administration shall expungefrom its driver record data base the driving record of an individual or a probation before judgment disposition of an individual:
(1) Who has not been convicted of a moving violation or criminal offense involving a motor vehicle for the preceding 3 years;
(2) Who has not been convicted of, or been granted probation before judgment for:
(i) A violation of § 20-102 of this article;
(ii) A violation of § 21-902 of this article; or
(iii) A moving violation identical or substantially similar to § 20-102 or § 21-902 of this article; and
(3) Whose license or privilege to drive never has been suspended or revoked.
Our Maryland expungement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
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MASSACHUSETTS DWI/MASSACHUTSETTS DUI/MASSACHUSETTS OUI DEFENSE ATTORNEYS
DEFEND DRUNK DRIVING CHARGES IN MASSACHUSETTS
You are driving home at night, either by yourself or with some of your friends and all of a sudden you see flashing lights behind you in Massachusetts. You become concerned because you know you had a few drinks. You know that you do not feel like you are drunk. You think you were driving just fine, so why is the Massachusetts police officer pulling you over?
Next thing you know, the Massachusetts police officer comes up to your car, asks for license and registration and you hand it over. The Massachusetts police officer then asks you whether you have been drinking. You admit that you had a couple of drinks or maybe you tell him that you had only one drink that night. The Massachusetts police officer asks you to step out and ask whether you will do some tests.
Next thing you know you are now being charged with a DUI in Massachusetts, DWI in Massachusetts or OUI in Massachusetts.
Welcome to the frightening world of a Massachusetts DUI, Massachusetts DWI or Massachusetts OUI charge!
DON’T PANIC – Call the Massachusetts Law Offices of SRIS, P.C. We are a Massachusetts law firm that focuses on defending Massachusetts clients charged with Massachusetts DUI/ Massachusetts DWI/ Massachusetts OUI. We have an office in Boston, Massachusetts to better serve you.
To contact a Massachusetts drunk driving defense attorney of SRIS, P.C. for help, simply call us at 888-437-7747, email us or contact us on our fast on line form. A Massachusetts DUI/DWI/OUI defense lawyer will discuss with you, your case, the possible outcomes and honestly advise you as to your options.
DUI is the acronym for Driving Under the Influence in Massachusetts. OUI is the acronym for Operating Under the Influence in Massachusetts. DWI is Driving While Impaired in Massachusetts.
The law in Massachusetts is that person is guilty of a DUI/OUI/DWI if he or she drives under the influence of alcohol or drugs or both that impairs the driver’s mental abilities or when the BAC (blood alcohol content) is above the legal limit.
In Massachusetts, a BAC of .08 or higher will be deemed a per se violation of the law. In the event your BAC is .08 or higher, then you will loose your license for statutory mandated time period.
If you feel you are unable to drive because you think you have had one too many and you are simply sitting in the car with the key in the ignition, you can be arrested and charge for DUI, DWI, or OUI in Massachusetts. The law is Massachusetts is that the car does not have to be moving to be charged with a DUI, DWI or OUI in Massachusetts. If you are in dominion and control of your vehicle, then you may be convicted of a DUI/DWI or OUI in Massachusetts.
Frequently, our clients in Massachusetts tell us that they should have just refused to give the arresting officer a breath or blood sample. Refusal of the test will result in a mandatory suspension of your right to drive in Massachusetts.
Too often, people who are charged with a Massachusetts DUI/DWI or Massachusetts OUI believe that they do not have options and they must meekly accept the Massachusetts DUI/ Massachusetts DWI/ Massachusetts OUI charge and simply plead guilty. This is what the Massachusetts Courts, the District Attorney and media want you to believe. Yes, you can fight your Massachusetts DUI/DWI or Massachusetts OUI charge. In fact, you can even WIN! First and foremost, your license suspension by the registry of motor vehicles can be objected to by requesting a review of the suspension.
Keep in mind that simply being arrested and charged with a Massachusetts DUI/ Massachusetts DWI/ Massachusetts OUI can result in your license being taken from you. You will be issued a temporary license for 15 days.
The following are a list of penalties you will face if you are convicted of a DUI/DWI/OUI in Massachusetts.
FIRST OFFENSE IN MASSACHUSETTS
• Incarceration: Not more than 2-1/2 years House of Correction, probation up to 2-1/2 years.
• Fine: $500.00-$5,000.00 plus court and probation supervision costs and program fees.
• License suspended for 1 year; Hardship license for work/education purposes may be considered in 3 months, general hardship in 6 months.
Alternative disposition
1. Probation with mandatory participation in alcohol-drug education program paid for by defendant.
2. License suspended for 45 to 90 days (210 days for drivers under age 21).
3. Eligible for Hardship license after three business days, assuming you have completed intake alcohol-drug education program.
SECOND OFFENSE IN MASSACHUSETTS
• Incarceration: Not less than 60 days (30 day mandatory), not more then 2-1/2 years.
• Fine: $600.00-$10,000.00 plus court costs and probation supervision costs and program fees.
• License suspended for 2 years, work/education hardship considered in 6 months, general hardship in 1 year.
Alternative disposition
1. 2 years probation.
2. 14 day confined inpatient treatment program paid for by the defendant.
3. License suspended for two years, work/education hardship considered in 6 months, general hardship in 1 year.
THIRD OFFENSE IN MASSACHUSETTS
• Incarceration: Not less than 180 days (150 day mandatory) out of district court, not more than 5 years State Prison.
• Fine: $1,000.00-$15,000.00 plus court costs and probation supervision costs and program fees.
• License suspended for 8 years, work/education hardship considered in 2 years, general hardship in 4 years.
FOURTH OFFENSE IN MASSACHUSETTS
• Incarceration: Not less than 2 years (1 year Minimum Mandatory) out of district court, not more than 5 years.
• Fine: $1,500.00-$25,000.00 plus court costs and probation supervision costs and program fees.
• License suspended for 10 years, work/education hardship considered in 5 years, general hardship in 8 years.
FIFTH OFFENSE IN MASSACHUSETTS
• Incarceration: Not less than 2-1/2 years (24 mos. Minimum Mandatory) out of district court, not more than 5 years.
• Fine: $2,000.00-$50,000.00 plus court costs and probation supervision costs and program fees.
• License loss for life, no possibility of reinstatement or hardship license.
LICENSE REINSTATEMENT FEES IN MASSACHUSETTS
• First Offense – $500.00
• Second Offense – $700.00
• Third Offense – $1,200.00
• Refusal/Failure to take Breathalyzer – $100.00
Our attorneys who provide DUI/DWI/OUI defense and staff in Boston, Massachusetts, speak the following languages in addition to English: Spanish, French, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of DUI, OUI, and DWI defense, please click here.
To learn more about the laws pertaining to DUI, OUI, and DWI defense in Virginia or Maryland, please click on the state.
DUI & DWI OFFENSES IN THE STATE OF MASSACHUSETTS
M.G.L.A. 90 §24- Driving while under influence of intoxicating liquor, etc.; second and subsequent offenses; punishment; treatment programs; reckless and unauthorized driving; failure to stop after collision
(1) (a) (1) Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, operates a motor vehicle with a percentage, by weight, of alcohol in their blood of eight one-hundredths or greater, or while under the influence of intoxicating liquor, or of marijuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than two and one-half years, or both such fine and imprisonment.
There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for, or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle while under the influence of intoxicating liquor, marijuana, narcotic drugs, depressants or stimulant substances under this section; but $125 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund, and the remaining amount of the assessment shall be credited to the General Fund. In the discretion of the court, an assessment under this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigency for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
There shall be an assessment of $50 against a person who is convicted, placed on probation or granted a continuance without a finding or who otherwise pleads guilty to or admits to a finding of sufficient facts for operating a motor vehicle while under the influence of intoxicating liquor or under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined by section 1 of chapter 94C, pursuant to this section or section 24D or 24E or subsection (a) or (b) of section 24G or section 24L. The assessment shall not be subject to waiver by the court for any reason. If a person against whom a fine is assessed is sentenced to a correctional facility and the assessment has not been paid, the court shall note the assessment on the mittimus. The monies collected pursuant to the fees established by this paragraph shall be transmitted monthly by the courts to the state treasurer who shall then deposit, invest and transfer the monies, from time to time, into the Victims of Drunk Driving Trust Fund established in section 66 of chapter 10. The monies shall then be administered, pursuant to said section 66 of said chapter 10, by the victim and witness assistance board for the purposes set forth in said section 66. Fees paid by an individual into the Victims of Drunk Driving Trust Fund pursuant to this section shall be in addition to, and not in lieu of, any other fee imposed by the court pursuant to this chapter or any other chapter. The administrative office of the trial court shall file a report detailing the amount of funds imposed and collected pursuant to this section to the house and senate committees on ways and means and to the victim and witness assistance board not later than August 15 of each calendar year.
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than six hundred nor more than ten thousand dollars and by imprisonment for not less than sixty days nor more than two and one-half years; provided, however, that the sentence imposed upon such person shall not be reduced to less than thirty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served thirty days of such sentence, unless otherwise sentenced to an intermediate sanction as promulgated by the sentencing commission established in chapter four hundred and thirty-two of the acts of nineteen hundred and ninety-three; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such thirty day sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth, or any other jurisdiction because of a like offense two times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment for not less than one hundred and eighty days nor more than two and one-half years or by a fine of not less than one thousand nor more than fifteen thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than one hundred and fifty days, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served one hundred and fifty days of such sentence, unless otherwise sentenced to an intermediate sanction as promulgated by the sentencing commission established in chapter four hundred and thirty-two of the acts of nineteen hundred and ninety-three; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative, to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such one hundred and fifty days sentence to the extent such resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense three times preceding the date of the commission of the offense for which he has been convicted the defendant shall be punished by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment for not less than two years nor more than two and one-half years, or by a fine of not less than one thousand five hundred nor more than twenty-five thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twelve months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until such person has served twelve months of such sentence, unless otherwise sentenced to an intermediate sanction as promulgated by the sentencing commission established in chapter four hundred and thirty-two of the acts of nineteen hundred and ninety-three; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twelve months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.
If the defendant has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense four or more times preceding the date of the commission of the offense for which he has been convicted, the defendant shall be punished by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment for not less than two and one-half years or by a fine of not less than two thousand nor more than fifty thousand dollars and by imprisonment in the state prison for not less than two and one-half years nor more than five years; provided, however, that the sentence imposed upon such person shall not be reduced to less than twenty-four months, nor suspended, nor shall any such person be eligible for probation, parole, or furlough or receive any deduction from his sentence for good conduct until he shall have served twenty-four months of such sentence, unless otherwise sentenced to an intermediate sanction as promulgated by the sentencing commission established in chapter four hundred and thirty-two of the acts of nineteen hundred and ninety-three; provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; to engage in employment pursuant to a work release program; or for the purposes of an aftercare program designed to support the recovery of an offender who has completed an alcohol or controlled substance education, treatment or rehabilitation program operated by the department of correction; and provided, further, that the defendant may serve all or part of such twenty-four months sentence to the extent that resources are available in a correctional facility specifically designated by the department of correction for the incarceration and rehabilitation of drinking drivers.
A prosecution commenced under the provisions of this subparagraph shall not be placed on file or continued without a finding except for dispositions under section twenty-four D. No trial shall be commenced on a complaint alleging a violation of this subparagraph, nor shall any plea be accepted on such complaint, nor shall the prosecution on such complaint be transferred to another division of the district court or to a jury-of-six session, until the court receives a report from the commissioner of probation pertaining to the defendant’s record, if any, of prior convictions of such violations or of assignment to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense; provided, however, that the provisions of this paragraph shall not justify the postponement of any such trial or of the acceptance of any such plea for more than five working days after the date of the defendant’s arraignment. The commissioner of probation shall give priority to requests for such records.
At any time before the commencement of a trial or acceptance of a plea on a complaint alleging a violation of this subparagraph, the prosecutor may apply for the issuance of a new complaint pursuant to section thirty-five A of chapter two hundred and eighteen alleging a violation of this subparagraph and one or more prior like violations. If such application is made, upon motion of the prosecutor, the court shall stay further proceedings on the original complaint pending the determination of the application for the new complaint. If a new complaint is issued, the court shall dismiss the original complaint and order that further proceedings on the new complaint be postponed until the defendant has had sufficient time to prepare a defense.
If a defendant waives right to a jury trial pursuant to section twenty-six A of chapter two hundred and eighteen on a complaint under this subdivision he shall be deemed to have waived his right to a jury trial on all elements of said complaint.
(2) Except as provided in subparagraph (4) the provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person charged with a violation of subparagraph (1) and if said person has been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the commission of the offense with which he is charged.
(3) Notwithstanding the provisions of section six A of chapter two hundred and seventy-nine, the court may order that a defendant convicted of a violation of subparagraph (1) be imprisoned only on designated weekends, evenings or holidays; provided, however, that the provisions of this subparagraph shall apply only to a defendant who has not been convicted previously of such violation or assigned to an alcohol or controlled substance education, treatment or rehabilitation program preceding the date of the commission of the offense for which he has been convicted.
(4) Notwithstanding the provisions of subparagraphs (1) and (2), a judge, before imposing a sentence on a defendant who pleads guilty to or is found guilty of a violation of subparagraph (1) and who has not been convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like offense two or more times of the date of the commission of the offense for which he has been convicted, shall receive a report from the probation department of a copy of the defendant’s driving record, the criminal record of the defendant, if any, and such information as may be available as to the defendant’s use of alcohol and may, upon a written finding that appropriate and adequate treatment is available to the defendant and the defendant would benefit from such treatment and that the safety of the public would not be endangered, with the defendant’s consent place a defendant on probation for two years; provided, however, that a condition for such probation shall be that the defendant be confined for no less than fourteen days in a residential alcohol treatment program and to participate in an out patient counseling program designed for such offenders as provided or sanctioned by the division of alcoholism, pursuant to regulations to be promulgated by said division in consultation with the department of correction and with the approval of the secretary of health and human services or at any other facility so sanctioned or regulated as may be established by the commonwealth or any political subdivision thereof for the purpose of alcohol or drug treatment or rehabilitation, and comply with all conditions of said residential alcohol treatment program. Such condition of probation shall specify a date before which such residential alcohol treatment program shall be attended and completed.
Failure of the defendant to comply with said conditions and any other terms of probation as imposed under this section shall be reported forthwith to the court and proceedings under the provisions of section three of chapter two hundred and seventy-nine shall be commenced. In such proceedings, such defendant shall be taken before the court and if the court finds that he has failed to attend or complete the residential alcohol treatment program before the date specified in the conditions of probation, the court shall forthwith specify a second date before which such defendant shall attend or complete such program, and unless such defendant shows extraordinary and compelling reasons for such failure, shall forthwith sentence him to imprisonment for not less than two days; provided, however, that such sentence shall not be reduced to less than two days, nor suspended, nor shall such person be eligible for furlough or receive any reduction from his sentence for good conduct until such person has served two days of such sentence; and provided, further, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or of the administrator of a county correctional institution, grant to an offender committed under this subdivision a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution; or to engage in employment pursuant to a work release program. If such defendant fails to attend or complete the residential alcohol treatment program before the second date specified by the court, further proceedings pursuant to said section three of said chapter two hundred and seventy-nine shall be commenced, and the court shall forthwith sentence the defendant to imprisonment for not less than thirty days as provided in subparagraph (1) for such a defendant.
The defendant shall pay for the cost of the services provided by the residential alcohol treatment program; provided, however, that no person shall be excluded from said programs for inability to pay; and provided, further, that such person files with the court, an affidavit of indigency or inability to pay and that investigation by the probation officer confirms such indigency or establishes that payment of such fee would cause a grave and serious hardship to such individual or to the family of such individual, and that the court enters a written finding thereof. In lieu of waiver of the entire amount of said fee, the court may direct such individual to make partial or installment payments of the cost of said program.
(b) A conviction of a violation of subparagraph (1) of paragraph (a) shall revoke the license or right to operate of the person so convicted unless such person has not been convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, and said person qualifies for disposition under section twenty-four D and has consented to probation as provided for in said section twenty-four D; provided, however, that no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or the right to operate. Such revoked license shall immediately be surrendered to the prosecuting officer who shall forward the same to the registrar. The court shall report immediately any revocation, under this section, of a license or right to operate to the registrar and to the police department of the municipality in which the defendant is domiciled. Notwithstanding the provisions of section twenty-two, the revocation, reinstatement or issuance of a license or right to operate by reason of a violation of paragraph (a) shall be controlled by the provisions of this section and sections twenty-four D and twenty-four E.
(c) (1) Where the license or right to operate has been revoked under section twenty-four D or twenty-four E, or revoked under paragraph (b) and such person has not been convicted of a like offense or has not been assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction preceding the date of the commission of the offense for which he has been convicted, the registrar shall not restore the license or reinstate the right to operate to such person unless the prosecution of such person has been terminated in favor of the defendant, until one year after the date of conviction; provided, however, that such person may, after the expiration of three months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary.
(2) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until two years after the date of the conviction; provided, however, that such person may, after the expiration of six months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and that such person shall have successfully completed the residential treatment program in subparagraph (4) of paragraph (a) of subdivision (1), or such treatment program mandated by section twenty-four D, and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of one year from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary.
(3) Where the license or right to operate of any person has been revoked under paragraph (b) and such person has been previously convicted or assigned to an alcohol or controlled substance education, treatment or rehabilitation program because of a like offense by a court of the commonwealth or any other jurisdiction two times preceding the date of the commission of the crime for which he has been convicted or where the license or right to operate has been revoked pursuant to section twenty-three due to a violation of said section due to a prior revocation under paragraph (b) or under section twenty-four D or twenty-four E, the registrar shall not restore the license or reinstate the right to operate to such person, unless the prosecution of such person has terminated in favor of the defendant, until eight years after the date of conviction; provided however, that such person may, after the expiration of two years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes, which license shall be effective for not more than an identical twelve hour period every day, on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of four years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under such terms and conditions as he deems appropriate and necessary.
(31/2) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation three times preceding the date of the commission of the offense for which such person has been convicted, the registrar shall not restore the license or reinstate the right to operate of such person unless the prosecution of such person has been terminated in favor of the defendant, until ten years after the date of the conviction; provided, however, that such person may, after the expiration of five years from the date of the conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or education purposes which license shall be effective for an identical twelve hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such license under such terms and conditions as he deems appropriate and necessary; and provided, further, that such person may, after the expiration of eight years from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license under the terms and conditions as he deems appropriate and necessary.
(33/4) Where the license or the right to operate of a person has been revoked under paragraph (b) and such person has been previously convicted of or assigned to an alcohol or controlled substance education, treatment or rehabilitation program by a court of the commonwealth or any other jurisdiction because of a like violation four or more times preceding the date of the commission of the offense for which such person has been convicted, such person’s license or right to operate a motor vehicle shall be revoked for the life of such person, and such person shall not be granted a hearing before the registrar for the purpose of requesting the issuance of a new license on a limited basis on the grounds of hardship; provided, however, that such license shall be restored or such right to operate shall be reinstated if the prosecution of such person has been terminated in favor of such person. An aggrieved party may appeal, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles under the provisions of this section.
(4) Notwithstanding the foregoing, no new license shall be issued or right to operate be reinstated by the registrar to any person convicted of a violation of subparagraph (1) of paragraph (a) until ten years after the date of conviction in case the registrar determines upon investigation and after hearing that the action of the person so convicted in committing such offense caused an accident resulting in the death of another, nor at any time after a subsequent conviction of such an offense, whenever committed, in case the registrar determines in the manner aforesaid that the action of such person, in committing the offense of which he was so subsequently convicted, caused an accident resulting in the death of another.
(d) For the purposes of subdivision (1) of this section, a person shall be deemed to have been convicted if he pleaded guilty or nolo contendere or was found or adjudged guilty by a court of competent jurisdiction, whether or not he was placed on probation without sentence or under a suspended sentence or the case was placed on file, and a license may be revoked under paragraph (b) hereof notwithstanding the pendency of a prosecution upon appeal or otherwise after such a conviction. Where there has been more than one conviction in the same prosecution, the date of the first conviction shall be deemed to be the date of conviction under paragraph (c) hereof.
(e) In any prosecution for a violation of paragraph (a), evidence of the percentage, by weight, of alcohol in the defendant’s blood at the time of the alleged offense, as shown by chemical test or analysis of his blood or as indicated by a chemical test or analysis of his breath, shall be admissible and deemed relevant to the determination of the question of whether such defendant was at such time under the influence of intoxicating liquor; provided, however, that if such test or analysis was made by or at the direction of a police officer, it was made with the consent of the defendant, the results thereof were made available to him upon his request and the defendant was afforded a reasonable opportunity, at his request and at his expense, to have another such test or analysis made by a person or physician selected by him; and provided, further, that blood shall not be withdrawn from any party for the purpose of such test or analysis except by a physician, registered nurse or certified medical technician. Evidence that the defendant failed or refused to consent to such test or analysis shall not be admissible against him in a civil or criminal proceeding, but shall be admissible in any action by the registrar under paragraph (f) or in any proceedings provided for in section twenty-four N. If such evidence is that such percentage was five one-hundredths or less, there shall be a permissible inference that such defendant was not under the influence of intoxicating liquor, and he shall be released from custody forthwith, but the officer who placed him under arrest shall not be liable for false arrest if such police officer had reasonable grounds to believe that the person arrested had been operating a motor vehicle upon any such way or place while under the influence of intoxicating liquor; provided, however, that in an instance where a defendant is under the age of twenty-one and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood is two one-hundredths or greater, the officer who placed him under arrest shall, in accordance with subparagraph (2) of paragraph (f), suspend such defendant’s license or permit and take all other actions directed therein, if such evidence is that such percentage was more than five one-hundredths but less than eight one-hundredths there shall be no permissible inference. A certificate, signed and sworn to, by a chemist of the department of the state police or by a chemist of a laboratory certified by the department of public health, which contains the results of an analysis made by such chemist of the percentage of alcohol in such blood shall be prima facie evidence of the percentage of alcohol in such blood.
(f) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right to access, or upon any way or in any place to which the public has access as invitees or licensees, shall be deemed to have consented to submit to a chemical test or analysis of his breath or blood in the event that he is arrested for operating a motor vehicle while under the influence of intoxicating liquor; provided, however, that no such person shall be deemed to have consented to a blood test unless such person has been brought for treatment to a medical facility licensed under the provisions of section fifty-one of chapter one hundred and eleven; and provided, further, that no person who is afflicted with hemophilia, diabetes or any other condition requiring the use of anticoagulants shall be deemed to have consented to a withdrawal of blood. Such test shall be administered at the direction of a police officer, as defined in section one of chapter ninety C, having reasonable grounds to believe that the person arrested has been operating a motor vehicle upon such way or place while under the influence of intoxicating liquor. If the person arrested refuses to submit to such test or analysis, after having been informed that his license or permit to operate motor vehicles or right to operate motor vehicles in the commonwealth shall be suspended for at least a period of 180 days, but not more than 1 year for such refusal, no such test or analysis shall be made and he shall have his license or right to operate suspended in accordance with this paragraph for a period of 180 days; provided, however, that any person who is under the age of 21 or who has been previously convicted of a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 1 year for such refusal; and provided further, that any person previously convicted 2 or more times for a violation under this section or a like violation by a court of any other jurisdiction shall have his license or right to operate suspended forthwith for a period of 18 months for such refusal. If a person refuses to take a test under this section, the police officer shall do the following:
(i) immediately and on behalf of the registrar take custody of such person’s driver license or permit issued by the commonwealth;
(ii) provide each such person who refuses such test, on behalf of the registrar, with a written notice of intent to suspend in a format approved by the registrar;
(iii) issue to each such person who refuses such test, on behalf of the registrar, a temporary driving permit, unless: (1) driving privileges of the person were suspended, revoked, or canceled at the time the person was arrested; (2) the person whose license was taken into custody was operating on an invalid license; (3) the person was not entitled to driving privileges at the time of the arrest for any other reason; or (4) the person holds a license or permit granting driving privileges that was issued by another state or jurisdiction. Police officers, cities, towns, and other public employers shall not be civilly liable for any injury or loss of property or personal injury or death which may result from, or be connected with, any act in issuing any temporary driving permit under this section.
The police officer before whom such refusal was made shall immediately prepare a report of such refusal. Each such report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by the police officer before whom such refusal was made. Each such report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on any such way or place while under the influence of intoxicating liquor, and shall state that such person had refused to submit to such chemical test or analysis when requested by such police officer to do so, such refusal having been witnessed by another person other than the defendant. Each such report shall identify which police officer requested said chemical test or analysis, and the other person witnessing said refusal. Each such report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend in any form, including electronic or otherwise, that the registrar deems appropriate. Any driver’s license or permit confiscated pursuant to this subparagraph (1) shall be forwarded to the registrar forthwith. Said report shall constitute prima facie evidence of the facts set forth therein at any administrative hearing regarding any suspension specified in this section.
The license suspension shall become effective fifteen days after the offender has received the notice of intent to suspend from the police officer. No license shall be restored under any circumstances and no restricted or hardship permits shall be issued during the suspension period imposed by this paragraph; provided, however, that the defendant may immediately, upon the entry of a not guilty finding or dismissal of all charges under this section, section twenty-four G or twenty-four L, and in the absence of any other alcohol related charges pending against said defendant, apply for and be immediately granted a hearing before the court which took final action on the charges for the purpose of requesting the restoration of said license. At said hearing, there shall be a rebuttable presumption that said license be restored, unless the commonwealth shall establish, by a fair preponderance of the evidence, that restoration of said license would likely endanger the public safety. In all such instances, the court shall issue written findings of fact with its decision.
The registrar shall provide police departments and agencies with permits for issuance as required by this subparagraph. The registrar shall establish the form and content of permits described in this section as the registrar determines appropriate, but in a manner consistent with this section. A temporary driving permit described in this section shall become effective twelve hours after the stated time of such issuance and shall remain valid until the fifteenth day after the date of arrest; shall be issued without payment fee; and, except as otherwise provided, such permit shall grant the same driving privileges as those granted by the person’s license taken into possession under this subparagraph.
(2) If a person’s blood alcohol percentage is not less than eight one-hundredths or the person is under twenty-one years of age and his blood alcohol percentage is not less than two one-hundredths, such police officer shall do the following:
(i) immediately and on behalf of the registrar take custody of such person’s drivers license or permit issued by the commonwealth;
(ii) provide each such person who refuses such test, on behalf of the registrar, with a written notice of intent to suspend, in a format approved by the registrar;
(iii) issue to each such person who refuses such test, on behalf of the registrar, a temporary driving permit, unless: (1) driving privileges of the person were suspended, revoked or canceled at the time the person was arrested; (2) the person whose license was taken into custody was operating on an invalid license; (3) the person was not entitled to driving privileges at the time of the arrest for any other reason; or (4) the person holds a license or permit granting driving privileges that was issued by another state or jurisdiction. Police officers, cities, towns and other public employers shall not be civilly liable for any injury or loss of property or personal injury or death which may result from or be connected with any act in issuing a temporary driving permit under this section.
(iv) immediately report action taken under this paragraph to the registrar. Each such report shall be made in a format approved by the registrar and shall be made under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer’s belief that the person arrested has been operating a motor vehicle on any such way or place while under the influence of intoxicating liquor and that said person’s blood alcohol percentage was not less than eight one-hundredths or that said person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was not less than two one-hundredths. Said report shall also indicate that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe the equipment was functioning properly at the time the test was administered. Each such report shall be sent forthwith to the registrar along with a copy of the notice of intent to suspend, in any form, including electronic or otherwise, that the registrar deems appropriate. Any driver’s license or permit confiscated pursuant to this clause (iv) shall be forwarded to the registrar forthwith.
The license suspension shall become effective fifteen days after the offender has received the notice of intent to suspend from the police officer. The license to operate a motor vehicle shall remain suspended until the disposition of the offense for which the person is being prosecuted, but in no event shall such suspension pursuant to this subparagraph exceed 30 days.
In any instance where a defendant is under the age of twenty-one years and such evidence is that the percentage, by weight, of alcohol in the defendant’s blood is two one-hundredths or greater and upon the failure of any police officer pursuant to this subparagraph, to suspend or take custody of the driver’s license or permit issued by the commonwealth, and, in the absence of a complaint alleging a violation of paragraph (a) of subdivision (1) or a violation of section twenty-four G or twenty-four L, the registrar shall administratively suspend the defendant’s license or right to operate a motor vehicle upon receipt of a report from the police officer who administered such chemical test or analysis of the defendant’s blood pursuant to subparagraph (1). Each such report shall be made on a form approved by the registrar and shall be sworn to under the penalties of perjury by such police officer. Each such report shall set forth the grounds for the officer’s belief that the person arrested had been operating a motor vehicle on a way or place while under the influence of intoxicating liquor and that such person was under twenty-one years of age at the time of the arrest and whose blood alcohol percentage was two one-hundredths or greater. Such report shall also state that the person was administered such a test or analysis, that the operator administering the test or analysis was trained and certified in the administration of such test, that the test was performed in accordance with the regulations and standards promulgated by the secretary of public safety, that the equipment used for such test was regularly serviced and maintained, and that the person administering the test had every reason to believe that the equipment was functioning properly at the time the test was administered. Each such report shall be endorsed by the police chief as defined in section one of chapter ninety C, or by the person authorized by him, and shall be sent to the registrar along with the confiscated license or permit not later than ten days from the date that such chemical test or analysis of the defendant’s blood was administered. The license to operate a motor vehicle shall thereupon be suspended in accordance with section twenty-four P.
The registrar shall provide police departments and agencies with permits for issuance as required by this subparagraph. The registrar shall establish the form and content of permits described in this section as the registrar determines appropriate, but in a manner consistent with this section. A temporary driving permit described in this section shall become effective twelve hours after the stated time of such issuance and shall remain valid until the fifteenth day after the date of issuance; shall be issued without payment of any fee; and except as otherwise provided, such permit shall grant the same driving privileges as those granted by the person’s license taken into possession under this subparagraph.
(g) Any person whose license, permit or right to operate has been suspended under subparagraph (1) of paragraph (f) shall, within fifteen days of suspension, be entitled to a hearing before the registrar which shall be limited to the following issues: (i) did the police officer have reasonable grounds to believe that such person had been operating a motor vehicle while under the influence of intoxicating liquor upon any way or in any place to which members of the public have a right of access or upon any way to which members of the public have a right of access as invitees or licensees, (ii) was such person placed under arrest, and (iii) did such person refuse to submit to such test or analysis. If, after such hearing, the registrar finds on any one of the said issues in the negative, the registrar shall forthwith reinstate such license, permit or right to operate. The registrar shall create and preserve a record at said hearing for judicial review. Within thirty days of the issuance of the final determination by the registrar following a hearing under this paragraph, a person aggrieved by the determination shall have the right to file a petition in the district court for the judicial district in which the offense occurred for judicial review. The filing of a petition for judicial review shall not stay the revocation or suspension. The filing of a petition for judicial review shall be had as soon as possible following the submission of said request, but not later than thirty days following the submission thereof. Review by the court shall be on the record established at the hearing before the registrar. If the court finds that the department exceeded its constitutional or statutory authority, made an erroneous interpretation of the law, acted in an arbitrary and capricious manner, or made a determination which is unsupported by the evidence in the record, the court may reverse the registrar’s determination.
Any person whose license or right to operate has been suspended pursuant to subparagraph (2) of paragraph (f) on the basis of chemical analysis of his breath may within ten days of such suspension request a hearing and upon such request shall be entitled to a hearing before the court in which the underlying charges are pending or if the individual is under the age of twenty-one and there are no pending charges, in the district court having jurisdiction where the arrest occurred, which hearing shall be limited to the following issue; whether a blood test administered pursuant to paragraph (e) within a reasonable period of time after such chemical analysis of his breath, shows that the percentage, by weight, of alcohol in such person’s blood was less than eight one-hundredths or, relative to such person under the age of twenty-one was less than two one-hundredths. If the court finds that such a blood test shows that such percentage was less than eight one-hundredths or, relative to such person under the age of twenty-one, that such percentage was less than two one-hundredths, the court shall restore such person’s license, permit or right to operate and shall direct the prosecuting officer to forthwith notify the criminal history systems board and the registrar of such restoration.
(h) Any person convicted of a violation of subparagraph (1) of paragraph (a) that involves operating a motor vehicle while under the influence of marihuana, narcotic drugs, depressants or stimulant substances, all as defined in section one of chapter ninety-four C, or the vapors of glue, may, as part of the disposition in the case, be ordered to participate in a driver education program or a drug treatment or drug rehabilitation program, or any combination of said programs. The court shall set such financial and other terms for the participation of the defendant as it deems appropriate.
(2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner’s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner’s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons.
There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section; but $125 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund and the remaining amount of said assessment shall be credited to the General Fund. At the discretion of the court, an assessment under this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigence for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
(a1/2) (1) Whoever operates a motor vehicle upon any way or in any place to which the public has right of access, or upon any way or in any place to which members of the public shall have access as invitees or licensees, and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away after knowingly colliding with or otherwise causing injury to any person not resulting in the death of any person, shall be punished by imprisonment for not less than six months nor more than two years and by a fine of not less than five hundred dollars nor more than one thousand dollars.
(2) Whoever operates a motor vehicle upon any way or in any place to which the public has a right of access or upon any way or in any place to which members of the public shall have access as invitees or licensees and without stopping and making known his name, residence and the registration number of his motor vehicle, goes away to avoid prosecution or evade apprehension after knowingly colliding with or otherwise causing injury to any person shall, if the injuries result in the death of a person, be punished by imprisonment in the state prison for not less than two and one-half years nor more than ten years and by a fine of not less than one thousand dollars nor more than five thousand dollars or by imprisonment in a jail or house of correction for not less than one year nor more than two and one-half years and by a fine of not less than one thousand dollars nor more than five thousand dollars. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this paragraph be eligible for probation, parole, or furlough or receive any deduction from his sentence until such person has served at least one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to an offender committed under this paragraph, a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; to obtain emergency medical or psychiatric services unavailable at said institution or to engage in employment pursuant to a work release program.
(3) Prosecutions commenced under subparagraph (1) or (2) shall not be continued without a finding nor placed on file.
(b) A conviction of a violation of paragraph (a) or paragraph (a1/2) of subdivision (2) of this section shall be reported forthwith by the court or magistrate to the registrar, who may in any event, and shall unless the court or magistrate recommends otherwise, revoke immediately the license or right to operate of the person so convicted, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of the license or right to operate. If it appears by the records of the registrar that the person so convicted is the owner of a motor vehicle or has exclusive control of any motor vehicle as a manufacturer or dealer or otherwise, the registrar may revoke the certificate of registration of any or all motor vehicles so owned or exclusively controlled.
(c) The registrar, after having revoked the license or right to operate of any person under paragraph (b), in his discretion may issue a new license or reinstate the right to operate to him, if the prosecution has terminated in favor of the defendant. In addition, the registrar may, after an investigation or upon hearing, issue a new license or reinstate the right to operate to a person convicted in any court for a violation of any provision of paragraph (a) or (a1/2) of subdivision (2); provided, however, that no new license or right to operate shall be issued by the registrar to: (i) any person convicted of a violation of subparagraph (1) of paragraph (a1/2) until one year after the date of revocation following his conviction if for a first offense, or until two years after the date of revocation following any subsequent conviction; (ii) any person convicted of a violation of subparagraph (2) of paragraph (a1/2) until three years after the date of revocation following his conviction if for a first offense or until ten years after the date of revocation following any subsequent conviction; (iii) any person convicted, under paragraph (a) of using a motor vehicle knowing that such use is unauthorized, until one year after the date of revocation following his conviction if for a first offense or until three years after the date of revocation following any subsequent conviction; and (iv) any person convicted of any other provision of paragraph (a) until sixty days after the date of his original conviction if for a first offense or one year after the date of revocation following any subsequent conviction within a period of three years. The registrar, after investigation, may at any time rescind the revocation of a license or right to operate revoked because of a conviction of operating a motor vehicle upon any way or in any place to which the public has a right of access or any place to which members of the public have access as invitees or licensees negligently so that the lives or safety of the public might be endangered. The provisions of this paragraph shall apply in the same manner to juveniles adjudicated under the provisions of section fifty-eight B of chapter one hundred and nineteen.
(3) The prosecution of any person for the violation of any provision of this section, if a subsequent offence, shall not, unless the interests of justice require such disposition, be placed on file or otherwise disposed of except by trial, judgment and sentence according to the regular course of criminal proceedings; and such a prosecution shall be otherwise disposed of only on motion in writing stating specifically the reasons therefor and verified by affidavits if facts are relied upon. If the court or magistrate certifies in writing that he is satisfied that the reasons relied upon are sufficient and that the interests of justice require the allowance of the motion, the motion shall be allowed and the certificate shall be filed in the case. A copy of the motion and certificate shall be sent by the court or magistrate forthwith to the registrar.
(4) In any prosecution commenced pursuant to this section, introduction into evidence of a prior conviction or prior finding of sufficient facts by either original court papers or certified attested copy of original court papers, accompanied by a certified attested copy of the biographical and informational data from official probation office records, shall be prima facie evidence that a defendant has been convicted previously or assigned to an alcohol or controlled substance education, treatment, or rehabilitation program because of a like offense by a court of the commonwealth one or more times preceding the date of commission of the offense for which said defendant is being prosecuted.
VIRGINIA DUI DEFENSE, MARYLAND DUI & MARYLAND DWI DEFENSE, MASSACHUSETTS OUI & MASSACHUSETTS DUI DEFENSE LAWYER
Licensed in Virginia, Maryland, D.C. & Massachusetts
In Massachusetts, Maryland & Virginia, operating a motor vehicle after consuming alcohol or other drugs may result in being charged with drunk driving. Driving under the influence of alcohol, drunk driving, drinking and driving is commonly referred to as a DUI or DWI. OWI is operating while intoxicated. Depending on the state you have been charged in, the charging document may refer to the charge as a DUI, DWI or OUI. Another type of offense is a DUID. DUID is driving under the influence of drug(s) or a combination of alcohol and drugs. Regardless of whether you have been charged with a DUI, DWI, OWI or DUID, the penalties are very serious in Virginia, Maryland & Massachusetts. The penalties you receive from the court is only the beginning. You stand to loose your job, pay an exorbitant rate for car insurance, loose your ability to drive either completely or have your driving privileges extremely restricted. The courts have had a lot of pressure put on them lately to not give any kind of break to those charged with an offense where alcohol and driving are involved. These laws apply not only to automobiles, but also to boats and aircraft as well.
The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts to better serve you.
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Our offices in Virginia are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
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Our offices in Maryland are located in Rockville & Baltimore.
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Our office in Massachusetts is in Boston.
If you wish to consult with one of our DUI/DWI/OUI/DUID attorneys in Virginia, Maryland or Massachusetts, please free to call us, email or contact us via our on line form.
Please click on the state if you wish to see some of the drunk driving laws in:
The attorneys of SRIS, P.C. have pooled their combined knowledge answer some frequently asked questions about DUI/DWI/OUI & DWID.
When the laws against drunk driving were originally passed in Virginia, Maryland & Massachusetts, a person was convicted based on a variety of factors such as driving symptoms, field sobriety tests. The drunk driving laws have evolved considerably and now the standard for determining if a person is driving under the influence is a lot more objective in Virginia, Maryland & Massachusetts. The drunk driving statutes in Virginia, Maryland & Massachusetts today call for a variety of standardized tests and scientific test to determine if the person who is charged with a DUI had a blood alcohol content over the legal limit. The three main factors the Virginia courts, Maryland courts & Massachusetts courts use to determine whether a person is guilty of a DUI is the officer’s observations of the accused at the time of offense, field sobriety tests (FSTs) and the intoxilyzer. The current model is the Intoxilyzer 5000. The Intoxilyzer is used to determine a person blood alcohol content (BAC). Through out the entire United States, a BAC of .08% or higher is deemed to be an illegal if driving.
Drinking while driving is illegal in Virginia, Maryland & Massachusetts. However, it is only illegal to drive after drinking if your BAC is higher than the legal limit.
If you are under the age of 21 and you drink and drive, even a BAC as low as .02% is enough to convict someone of drinking and driving. The blood-alcohol limit for aircraft pilots is 0.04%, and for commercial drivers 0.04% or 0.05%, depending upon the jurisdiction.
FAQ’s on DUI/DWI/OUI/DUID laws and defense.
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Is DUI / DWI Really Such A Big Problem?
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Is All Liquor The Same, Or Are Some “Safer” To Drink Than Others?
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What Exactly Is “Blood Alcohol Content?”
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What Is A “Breath Analyzer Test?”
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If Stopped By Police, Do I Have To Take A Breath Analyzer Test?
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Can I Be Charged With DUI / DWI For Driving After Taking Drugs?
- I Have More Than One DUI / DWI Conviction – What Will Happen?
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Are There “Alternative” Penalties Given For DUI / DWI?
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Should I get an attorney if I’ve been charged with DUI / DWI?
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Possible penalties of a DUI.
At SRIS, P.C., we have some of the most qualified and talented DUI attorneys in Virginia, Maryland & Massachusetts. Our job is to protect your rights. Also, any and all conversations you have with our legal staff are always held in the strictest of confidence. If you’ve been arrested for driving under the influence of alcohol or drugs, please make an appointment with one of our DUI defense attorneys in Virginia, Maryland or Massachusetts. Don’t wait until it’s too late to mount a defense. DWI’s and DUI’s are nothing to fool around with. Get the best legal advice you can.
If you wish to learn more about DUI laws in Virginia, DUI laws in Maryland or DUI laws Massachusetts, please feel free to read our newsletter about about DUI or our primer on drunk driving .
The Massachusetts, Maryland & Virginia DUI lawyers of SRIS, P.C. are ready to assist you if you have been charged with a DUI/DWI/OUI/DUID offense. Please feel free to call us, email or contact us via our on line form.
The Massachusetts, Maryland & Virginia DUI defense attorneys and staff of SRIS, P.C. speak the following languages in addition to English: Tamil, French, Spanish, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.
Our attorneys who defend DUI cases are licensed to handle DUI/DWI/OUI/DUID cases in Virginia, Maryland, Pennsylvania & Massachusetts, however our lawyers DUI/DWI/OUI/DUID cases only in Virginia, Maryland & Massachusetts at the present time
Please click on attorneys to learn more about the drunk driving defense lawyers who assist clients charged with a DUI/DWI/OUI/DUID offense in Virginia, Maryland or Massachusetts.
