DUI & DWI/ IMPLIED CONSENT Howard Community College Student Street Law Public Service Message Fall 2014

DUI & DWI/ IMPLIED CONSENT By: Amaka Fasuyi Eric Dobson Douglas Kroeger Israel Rangel Tom Nguyen Dean Chang Adam Justice

What is a DUI and a DWI? DUI – Driving under the influence, used interchangeably with DWI in some states (Driving while intoxicated)DUI – Driving under the influence, used interchangeably with DWI in some states (Driving while intoxicated) Some states consider them both the same thing [which is a zero-tolerance policy] while others characterizes DWI with a lesser charge such as MDSome states consider them both the same thing [which is a zero-tolerance policy] while others characterizes DWI with a lesser charge such as MD The difference: A DWI requires a Blood Alcohol Concentration (BAC) of 0.04 to The difference: A DWI requires a Blood Alcohol Concentration (BAC) of 0.04 to While a DUI requires a blood alcohol concentration of 0.08 and above.While a DUI requires a blood alcohol concentration of 0.08 and above.

DUI and DWI (Continued) But you do not have to be drinking to be charged with a DUI. You can have over-the-counter medicine, prescription drugs, or different types of illegal drugs such as marijuana or a combination of drugs in your system to be charged with a DUI.But you do not have to be drinking to be charged with a DUI. You can have over-the-counter medicine, prescription drugs, or different types of illegal drugs such as marijuana or a combination of drugs in your system to be charged with a DUI.

What are the elements of a DUI/DWI? The person drove a vehicle -- that is, steered and controlled it while it was moving.The person drove a vehicle -- that is, steered and controlled it while it was moving. At the same time, the person was under the influence or intoxicated; that is, his or her ability to drive safely was affected to an appreciable degree by either an alcoholic beverage, a drug, or a combination of the two.At the same time, the person was under the influence or intoxicated; that is, his or her ability to drive safely was affected to an appreciable degree by either an alcoholic beverage, a drug, or a combination of the two. Police need probable cause to pull you over using these two elements for DUI/DWIPolice need probable cause to pull you over using these two elements for DUI/DWI

A possible scenario A professional mother of two is getting ready for work one morning. The night before, she took her usual antidepressant medication as well as a pill for hay fever allergies. Both pills cause drowsiness. That morning, she has a severe headache, so she pops a couple of prescription pills, which also cause drowsiness -- and contain a warning that one should not operate a vehicle or other machinery after taking them. She kisses her children goodbye, gets on the road, fails to notice another car at a four-way stop, and plows right into it. A police officer arrives, and the woman apologizes profusely, saying, "I've never had any driving troubles -- it must be all this medication I'm on.” Unfortunately for her, the woman has essentially now admitted to a DUI or DWI, depending on her state.A professional mother of two is getting ready for work one morning. The night before, she took her usual antidepressant medication as well as a pill for hay fever allergies. Both pills cause drowsiness. That morning, she has a severe headache, so she pops a couple of prescription pills, which also cause drowsiness -- and contain a warning that one should not operate a vehicle or other machinery after taking them. She kisses her children goodbye, gets on the road, fails to notice another car at a four-way stop, and plows right into it. A police officer arrives, and the woman apologizes profusely, saying, "I've never had any driving troubles -- it must be all this medication I'm on.” Unfortunately for her, the woman has essentially now admitted to a DUI or DWI, depending on her state.

What is Implied Consent? Implied Consent is a law under which a driver agrees to submit to a BAC (Blood Alcohol Concentration) test or a test to determine the concentration of a drug or controlled dangerous substance in exchange for the privilege of driving.Implied Consent is a law under which a driver agrees to submit to a BAC (Blood Alcohol Concentration) test or a test to determine the concentration of a drug or controlled dangerous substance in exchange for the privilege of driving. Refusing to take the test can result in an automatic suspension of an individuals’ license even if the individual is not found guilty of a DUI.Refusing to take the test can result in an automatic suspension of an individuals’ license even if the individual is not found guilty of a DUI.

Penalties For Refusing Chemical Test (Implied Consent) 1 st offense: 120 day license suspension1 st offense: 120 day license suspension 2 nd Offense: 1 year license suspension2 nd Offense: 1 year license suspension 3 rd Offense: 1 year license suspension3 rd Offense: 1 year license suspension These are the consequences in MD for not taking a breath, blood or urine test!!!

Is it ever a good idea to refuse a chemical test? Typically, no. But the penalties of a DUI conviction can be worse than refusing a chemical test. Still, refusing the test does not guarantee that you won’t be convicted – you could be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.Typically, no. But the penalties of a DUI conviction can be worse than refusing a chemical test. Still, refusing the test does not guarantee that you won’t be convicted – you could be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.

Penalties for DUI/DWI 1 st Offense2 nd Offense3 rd Offense Jail Up to 1 year (DUI); up to 2 months (DWI) Up to 2 years (DUI); up to 1 year (DWI) Up to 3 years Fines and Penalties Up to $1,000 (DUI); up to $500 (DWI) Up to $2,000 (DUI); up to $500 (DWI) Up to $3,000 License Suspension Min 6 months (DUI & DWI) 1 year (DUI & DWI)18 months min. IID** Required NoYes

Other Penalties for DUI/DWI License revocationLicense revocation *Enrollment in a DUI/DWI school*Enrollment in a DUI/DWI school Community serviceCommunity service If child/children are in your car, your fine and jail time can be doubled by the judge in court.If child/children are in your car, your fine and jail time can be doubled by the judge in court.

Reasons for existence Public safety: Trying to deter those who have consumed alcohol or other substances from operating a vehicle and possibly harming others and damaging property.Public safety: Trying to deter those who have consumed alcohol or other substances from operating a vehicle and possibly harming others and damaging property.

Contacting a Lawyer Why: It is best to contact a lawyer because if you are not aware of your rights or the procedures when dealing with a DUI/DWI case, then a lawyer could best explain the needed information to you or help protect you from incrimination.Why: It is best to contact a lawyer because if you are not aware of your rights or the procedures when dealing with a DUI/DWI case, then a lawyer could best explain the needed information to you or help protect you from incrimination. When: When you are brought into the police station, that is the best time to contact your lawyer.When: When you are brought into the police station, that is the best time to contact your lawyer. Note: In general, if you are debating whether you need a lawyer, then you do!Note: In general, if you are debating whether you need a lawyer, then you do!

Good Advice !!!!! If you are coming out of a bar, and police officers notice you are drunk, don’t get back into your car. If you absolutely have to then tell them that you are just getting something from the car and you’ll be right back.If you are coming out of a bar, and police officers notice you are drunk, don’t get back into your car. If you absolutely have to then tell them that you are just getting something from the car and you’ll be right back.

Facts Can a DUI be “pleaded down” to a "wet reckless" in Maryland? A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you. How long will prior DUI convictions remain relevant for sentencing purposes in Maryland In Maryland, prior DUI convictions stay on your record (and can be counted against you when you are being sentenced for another DUI/DWI offense) for 5 years.

FACTS PART 2 Are ignition interlock devices (IIDs) required for convicted DUI offenders in Maryland? It's within the court's discretion to require an interlock device for any conviction (including first offenses). In Maryland, when do police have to measure your blood alcohol content (BAC)? In Maryland, law enforcement officers are supposed to measure your BAC at the time of driving. However, prosecutors may be able to prove your culpability for DUI even if your BAC is taken later than this time. What is the maximum BAC for drivers under 21 in Maryland? In Maryland, the maximum blood alcohol content (BAC) for drivers who are under 21 (considered minors under some drinking and driving laws) is.02%.

Annotated Code of MD Transportation > Title 16 (Vehicle Law – Drivers’ Licenses) > Subtitle 4 (SUBTITLE 4. REFUSAL, SUSPENSION, AND REVOCATION UNDER POINT SYSTEM )Transportation > Title 16 (Vehicle Law – Drivers’ Licenses) > Subtitle 4 (SUBTITLE 4. REFUSAL, SUSPENSION, AND REVOCATION UNDER POINT SYSTEM ) § Assessment of points upon notice of conviction of certain offenses by a party state to the Driver License Compact§ Assessment of points upon notice of conviction of certain offenses by a party state to the Driver License Compact § Effect of accumulated points§ Effect of accumulated points § Ignition Interlock System Program§ Ignition Interlock System Program

Annotated Code of MD (Continued) Transportation > Title 21 (Vehicle Law – Rules of the Road) > Subtitle 9 (SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE)Transportation > Title 21 (Vehicle Law – Rules of the Road) > Subtitle 9 (SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE) § Reckless and negligent driving§ Reckless and negligent driving § Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance§ Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance § Driving after arrest for violation of § § Driving after arrest for violation of § § Consumption of alcoholic beverages while driving on highway§ Consumption of alcoholic beverages while driving on highway

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Works Cited (Continued)