FREE Case Evaluation
What is Driving Under The Influence in Ocean City?
Driving under the influence requires the state to prove several different elements. These elements include that the defendant was operating a motor vehicle and that at the time of operation that the defendant was under the influence of alcohol.
Additionally, in order to be found guilty of driving under the influence of alcohol, the state would have to prove that alcohol has substantially impaired the defendant’s normal coordination. With these factors being imperative to guilt, an Ocean City DUI lawyer can help minimize your charges by finding the weaknesses in the prosecution’s case. To discuss how an attorney can assist your case, call and schedule a consultation today.
Can You Be Charged for DUI Without Blowing a 0.08 BAC?
Contrary to popular belief, you do not need to blow a .08 in order to get charged. A driver can be charged based solely on the observations of the police officer that stops the driver. The police officer can ask the driver to take a breath test. If the driver agrees to do so, the breath test result potentially can be used against them as a piece of evidence that the judge can consider in determining whether or not the person’s normal coordination was substantially impaired.
In Maryland, if a driver blows a .08 or higher, the judge may take that into consideration as evidence that the driver is substantially impaired by alcohol. So the breath test result of .08 is a piece of evidence and it is very damaging and can be used at trial, but it is not necessary to have a .08 breath test result in order to get charged. Judges will also convict somebody even without the breath test result if the officer’s testimony provides enough evidence that the defendant’s coordination was substantially impaired.
Driving While Impaired in Ocean City
Driving while impaired is a less serious offense than driving under the influence. The distinction between driving under the influence and driving while impaired is really a matter of degree. The state would have to prove that the normal coordination of the driver had been affected. However, it’s a lesser standard for a driving while impaired. In order to convict a defendant of driving while impaired by alcohol, the state has to prove that the defendant was operating a motor vehicle and then, also that alcohol had impaired the driver’s normal coordination to some extent, but the state does not have to prove that alcohol had substantially impaired the driver’s normal coordination.
Drug DUI Charges in Ocean City
You can also be charged with driving while impaired by substances other than alcohol. In Maryland, a person may not drive or attempt to drive a vehicle while he is impaired by any drug or any combination of drugs or a combination of drugs and alcohol if any of those substances are impacting the person’s ability to drive that vehicle safely. So, yes, you can be charged with driving while impaired by drugs or a combination of drugs and alcohol.