Baltimore DUI Accident Lawyer
If an individual was driving under the influence and got into an accident, they will face the criminal ramifications, and may also be held responsible for any property damage or injuries that were caused by the accident. A drunk driving accident may cause an individual to pay an extensive amount in fees, complete community service, spend time in jail, and/or have their license revoked by the MVA. These processes can often be complicated, and require the experience and dedication of a Baltimore DUI accident lawyer. A knowledgeable attorney can assist in effectively defending your case, and reducing any and all penalties associated with your charge.
DUI Accident Arrest Process
If an individual was involved in an accident after drunk driving, the officers may conduct field sobriety tests at the accident scene for any evidence of their impairment. Additionally, the officers may record witness and victim statements, and take notes describing the accident scene to then determine how the accident occurred. Based on the outcome of the tests and statements taken from individuals at the scene, the officers may place an individual under arrest and transport them to the police station. It is of the utmost importance to contact a Baltimore DUI accident lawyer at the earliest possible time, in order to help ensure that all evidence gathered is used effectively in court.
After the arrest process, an individual is taken into police custody at the station and booked. During the booking process, officers will gather their personal information, including their name, date of birth, and physical characteristics. Additionally, the individual will be photographed, fingerprinted, and searched. Any items that they have on their person will be confiscated and returned once they are released from the station. The individual will then be placed into a holding cell.
If an individual is injured during a DUI-related accident, they will be placed under arrest and an officer will escort them to the nearest hospital so they can be treated. The officer will stay with the individual until they are released from the hospital’s care. Once they are released, they will be taken to the police station.
Implied consent law
An individual has the right to refuse to take a breathalyzer test. However, Maryland has an implied consent law in regards to DUI accidents, which states that if an individual is detained by an officer who has probable cause to believe that they were operating a vehicle impaired, they consent to taking a breathalyzer test to determine their blood alcohol content. As such, refusing a breathalyzer will cause the individual to incur additional consequences, including a longer suspension of their driving privileges. This equates to 120 days for their first refusal. An experienced Baltimore DUI accident attorney can help determine the appropriate consequences for an individual’s charge.
If, as a result from a drunk driving accident, an individual is injured, the offense is escalated to a more serious misdemeanor. The judge will treat the drunk driver’s case more seriously than if there was no accident or injury involved in association with the DUI. If the drunk driver has a BAC of .08 or lower and an individual suffers a life-threatening injury, the penalties may include up to 2 years in jail and $3,000 in fines. If the drunk driver has a BAC of .08 or higher and an individual suffers a life-threatening injury, the penalties may include up to 3 years in jail and $5,000 in fines. If an individual dies as a result of a drunk driving accident, the misdemeanor is shifted to a felony charge. Felony charges are incredibly serious, and should only be tackled by an experienced Baltimore DUI accident lawyer.
While the penalties are less severe for a first-time DUI charge, the consequences are still harsh. An individual is at risk of spending up to 1 year in jail and paying a $1,000 fine. Additionally, the MVA may assess 12 points to the individual’s driver’s record, which will result in the loss of driving privileges for 6 months.
Penalties for Subsequent Charges
If an individual is charged with a DUI for the second time, they may face up to 2 years in jail and up to $2,000 in fines. Additionally, the MVA will assess 12 points to their driver’s record, which will result in the loss of their driving privileges for 1 year. Due to the severity of these charges, an individual should not wait in contacting a knowledgeable Baltimore DUI accident attorney to help minimize any potential penalties.
Benefits of an Attorney
DUI accident cases are complicated because it must be proven that the driver was impaired and that the impaired driver was the cause of the accident. A Baltimore DUI accident lawyer will be able to examine an individual’s case starting from their initial contact with the police officer, identifying any defenses that may help to avoid a conviction – including whether their rights were violated during any searches or the arrest process, as well as any conditions that may disqualify the results from the field sobriety, breathalyzer, blood, or urine test.