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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.

The Virginia attorneys and Law Offices of SRIS, P.C., is located in Fairfax, Lynchburg, Manassas, Richmond and Virginia Beach but our sphere of activity is statewide.

Our Virginia DUI lawyers & DWI 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.

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DUI & DWI DEFENSE

QUESTIONS ANSWERED BY ATTORNEYS LICENSED IN VIRGINIA, MARYLAND & MASSACHUSETTS

Our Massachusetts, Maryland & Virginia DUI/DWI defense attorneys are frequently asked questions regarding criminal defense. We hope that the answers you find herein answer some of your basic questions regarding DWI/DUI defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia DUI defense defense lawyers, Maryland DUI defense lawyers or Massachusetts DUI defense lawyers, please feel free to call us, e-mail us or contact us via our fast on line form. We are here to defend you.

contact us for a skilled, effective criminal defense. You can either call one of our offices in Virginia, Maryland or Massachusetts or send us an e-mail.

• In Virginia, we have offices in Northern Virginia, Central Virginia, Hampton Roads/Tidewater area and Western Virginia. The following are our specific office locations in Virginia: Fairfax, Lynchburg, Manassas, Richmond & Virginia Beach.
• In Maryland, we have offices in Rockville & Annapolis.
• In Massachusetts, we have an office in Boston.

If you wish to consult with a Virginia DUI/DWI/OUI/DUID defense attorneys, Maryland DUI/DWI/OUI/DUID defense attorneys or Massachusetts DUI/DWI/OUI/DUID defense attorneys, 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:

• Virginia DUI Laws
• Maryland DUI/DWI Laws
• Massachusetts DUI/OUI/DWI

DUI (Drunk Driving) Defense

Arrested for drunk driving? Even if you think you’re guilty, it’s still in your best interest to get a lawyer!

After being arrested for drunk driving, DUI or DWI, you may feel so ashamed you believe you should go into court and beg for mercy, or just get it over with by pleading guilty to driving drunk and take your punishment.

However, you may not be the best person to evaluate all the facts. Even if you have legal training in the specialized area of DUI or DWI (which is not usually the case), if you’ve been accused of driving drunk you probably don’t have the objectivity required to scrutinize your case for any or all possible weaknesses or defenses.

Thankfully, our American system of justice requires that the prosecution has the burden of proving beyond a reasonable doubt the guilt of anyone accused of DUI or DWI. This is the same legal standard used in the most serious of criminal cases.

This is important! It is not “just a DUI!” Drunk driving, or driving under the influence of alcohol or drugs is a very serious charge, with very serious consequences.

A qualified DUI lawyer or DWI attorney will be able to analyze the case through the eyes of a trained professional. An experienced DUI attorney will know the difference between someone that merely “feels” guilty, and someone that actually is guilty, based on the law and applicable legal standards.

Never leap to conclusions about your own innocence or guilt! A conviction for DUI has many burdensome consequences. So before you throw yourself upon the mercy of the court, make sure you’re not needlessly throwing yourself off the bridge as well.

Actual DUI/DWI Defenses

Even if the breathalyzer says you’re above the legal limit, that doesn’t automatically mean you’re guilty!

There are many defenses to DUI or DWI cases, and these should be explored before even considering pleading guilty to DUI or a related drunk driving offense.

Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, you as defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge.

Many people have a common misconception. It is perfectly legal to drink and drive (but not at the same time!). It only becomes illegal when a person is legally under the influence.

Under The Influence of Alcohol or Drugs

“Under the influence” is defined differently in each state, but generally it means a person has been drinking liquor (or taking drugs) to the extent that their physical and mental abilities are so impaired they no longer have the ability to drive a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.

Defenses to the criminal charges may arise from many different areas, and consultation with a DUI or DWI defense attorney is critical to determine which may apply in any given case. An experienced DUI or DWI lawyer will know what type of driving patterns are consistent with sobriety, what the field sobriety tests revealed, and what factors could have influenced the chemical testing, thus making it unreliable.

The Rising BAC Defense

A DUI or DWI lawyer will know whether the defendant’s BAC (Blood to Alcohol Concentration) was “rising” – below the legal limit at the time of driving, but above the limit when the arresting officer got around to testing it.

Alcohol is absorbed into the body over time. Many factors, such as drinking patterns and stomach contents, can impact how quickly the alcohol gets into the system. It’s quite possible for someone to be below the legal limit at the time of driving, only to have their alcohol level increase over time, to a point of being above the legal limit when the breath or blood test was administered.

Other defenses relate to the reliability of the actual chemical test results. Some people, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It only takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction – unless any mitigating factors are fully explored by a qualified DUI or DWI defense lawyer.

Every state has laws about the maintenance, calibration, and accuracy of the breath testing equipment used to test people arrested for DUI, DWI, or drunk driving. Perhaps the breath-testing device was improperly calibrated. Perhaps the person operating the machine wasn’t properly trained or certified in testing DUI suspects.

A criminal defense lawyer who only practices general criminal defense may not even know where to look for this information. A qualified and experienced DUI / DWI defense lawyer, on the other hand, will.

Why Use an Experienced DUI/DWI Attorney?

• A DUI lawyer will review the actual police reports for any inconstancies
• A DUI lawyer will suppress evidence that should be kept out
• A DUI lawyer will get calibration records and accuracy checks of the actual breathalyzer machine used
• A DUI lawyer will have blood samples re-tested by an independent lab
• A DUI lawyer will use weaknesses in the case to negotiate a better deal with prosecutors
• A DUI lawyer will go to court on your behalf, so you don’t have to disrupt your normal schedule
• A DUI lawyer will get expert witnesses for you to support your case
• A DUI lawyer will represent you to protect your driver’s license.

In short, a qualified DUI / DWI lawyer will know what to do to protect you, even if you think you are guilty.

REMEMBER! There is a big difference in feeling guilty, and being guilty!

A well-qualified DUI or DWI defense lawyer will know how to properly mount a defense on your behalf in all these following areas:

• Driving while intoxicated
• Probable cause
• Miranda warnings
• Implied consent laws and warnings
• “Under the influence” and blood-alcohol concentration
• Actual Testing during the alcohol absorptive phase
• Retrograde extrapolation
• Regulation of blood-alcohol testing procedures and apparatus – including the breathalyzer
• License suspension hearings

Finding The Right Lawyer

After being arrested for DUI or drunk driving, the first and most important thing to do is finding the right lawyer skilled and experienced in this particular aspect of criminal defense. It’s like searching for a doctor to do an important medical procedure; once you find the right professional, your job is let them do the work.

At SRIS, P.C. each of our member lawyers have a proven history of success at going to trial in their appropriate cases. When you need an attorney with specific DUI or DWI defense experience, you’ll get an attorney who knows the ins and outs of the specific drunk driving statutes in your state.

Our attorneys are always reachable, returning your calls professionally and promptly. You’re also sure of retaining lawyers who keep abreast of all the newest legal information – such as attending conferences and lectures emphasizing the latest in DUI or DWI defense. Our DWI defense attorneys also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI.

Our firm has case specific attorneys – all committed to providing the best defense for people accused of DUI, DWI, or any kind of drunk driving offense.

AFFORDING THE RIGHT DRUNK DRIVING LAWYER

As with most criminal defenses, the cost of a DUI / DWI defense attorney varies Here are just some of the major factors involved:

• Geographic location of the actual arrest
• The attorney’s reputation, skill and training
• Number of hours required for a particular case
• Whether an accident or other aggravating factor is involved
• Prior DUI or DWI convictions
• Whether a jury trial is necessary
• Whether a DMV or driver’s license hearing is necessary
• Whether an expert witness or witnesses are necessary

Each of these factors, and more, affects the fee charged by a DUI attorney to defend you against drunk driving charges.

Our Guarantee to You

As SRIS, P.C. we guarantee you the following:

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 is an important decision. There’s a lot at stake. We know that 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.

COMPLETE CONFIDENTIALITY

As with every case we handle, you can rest assured every aspect of your defense will be held in the strictest of confidence. You’ll never have to worry about “leaks” or embarrassing revelations being made public by anyone on our staff – from the secretary at the front desk to the attorney handling your case. DUI’s and DWI’s are no exception.

Even if matters become a part of the public record – we still treat your information as private. No exceptions, no excuses. You have both our word and reputation on it.

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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.

BALTIMORE, MARYLAND OFFICE: Inner Harbor Center 400 East Pratt Street, 8th Floor Baltimore, Maryland 21202 Phone (240) 399-0304

ROCKVILLE, MARYLAND OFFICE: One Research Court, Suite 450 Rockville, Maryland 20850 Phone: (240) 399-0304

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.

• Driving while under the influence or impaired
• Drinking while driving prohibited
• Alcohol or drug offenses; revocation
• Impoundment or immobilization of vehicles
• Other penalty; ignition interlock system
• Prohibited conduct
• Misrepresentation of age
• Underage possession
• Obtaining for underage consumption
• Furnishing for or allowing underage consumption
• Alcohol prohibited
• 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).

What’s the difference? (top)

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.

Breathalyzer Tests (top)

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.

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