TA 21-902-B: Driving While Impaired by Alcohol

Almost all drivers who are charged with impaired driving in Maryland will receive one citation for DWI and one or two citations for DUI depending on whether a breath test was performed. DWI, which is the “B” version of 21-902 is considered a less serious version of driving while impaired by alcohol. While a defendant can technically be convicted of both these offenses after a trial, he or she cannot be sentenced on DUI and DWI arising from the same incident. If a plea agreement is reached the State will dismiss the remaining impaired driving charges or place them on STET in case the defendant does not waive his or her appeal rights. It is certainly intimidating to be arrested for impaired driving and wind up with 3 to 10 traffic citations, but only one citations will stick in the large majority of the cases. As a lesser included offense to driving under the influence, driving while impaired only requires the State to prove that alcohol has impaired the defendant’s normal coordination to some extent. This seems like a low standard, but in our experience a jury will typically make the State prove a person was intoxicated and not just slightly impaired at a trial. Judge trials are a different story, as many will take the arresting officer’s word for it. Just like in DUI cases, the State does not need to prove a defendant was driving the vehicle. Actual physical control is all that is required and takes into account factors such as the location of the vehicle and where the defendant was sitting, and the location of the car keys.

A defendant who is sleeping in the back of a lawfully parked vehicle will not likely be charged with impaired driving, and if he or she is charged it would be a very beatable case. In contrast, a defendant how falls asleep in the driver’s seat on the roadway or even a business parking lot will likely be charged. Obviously if the business is a bar the cop will not hesitate to charge. DWI charges often are pursed when the defendant does not submit to the breathalyzer test, as blowing over .08 gives the police probable cause for a DUI per se charge.

TA 21-902-A is the Maryland law for driving under the influence. DUI is considered a more serious version of impaired driving and requires proof of substantial impairment. DUI per se is the related offense that follows a failed breath alcohol test. TA 21-902-C deals with driving while impaired by a controlled dangerous substance and TA 21-902-B-2 deals with DWI while transporting a minor. All of these offenses carry up to 1 year in jail for a first conviction.

One of the strongest defenses in a Maryland DWI case is lack of evidence of impairment. Since DWI cases that go to trial will often not have a failed breath test the only evidence of impairment would be the officer’s testimony. This includes testimony of the driving pattern prior to the stop, the odor of an alcoholic beverage, glassy eyes and slurred speech. Without evidence of poor driving either caught on video or in cases of an accident, a good DWI lawyer will be able to argue the State has not met the high burden of proof beyond a reasonable doubt.

DUI carries a maximum penalty of 60 days in jail and a $500 fine. The MVA will also impose 8 points for a DUI conviction, which will result in a license suspension. The penalty jumps to 1 year in jail for a second conviction and five years in jail for a third conviction provided the State provides notice 30 days before trial of intent to seek enhanced penalties.

DWI is a serious traffic offense that can result in fines, potential jail time and loss of driving privileges. It must be taken seriously to avoid these potential consequences. Benjamin has successfully represented hundreds of Maryland adult and juvenile drivers and out-of-state drivers in driving while impaired cases and is standing by to offer a free consultation about your case anytime.