Anne Arundel County DWI Lawyer
Compared to a DUI charge, a DWI is a lesser offense. If there is a minor or a noticeable degree of impairment, it is likely that a person will be charged with a DWI instead of a DUI. However, it is important to keep in mind that a DWI is a subjective standard. The state has to show that you were impaired at the time of operating the motor vehicle. They can get a presumption that you were impaired if they can produce a breath test of .07 but they still need to prove the subjective level of impairment in order to convict you of a DWI. Discuss fighting the state’s case by retaining a DWI attorney in Anne Arundel County as soon as you can.
Prosecution of DWI Charges
A DWI citation is usually included in a DUI citation which means that they are alternative theories of the case. If the evidence of the state is not able to prove under the influence by showing that you were drunk they still go forward under the theory that you are buzzed. DWI charges in Anne Arundel County are often a last resort for the prosecutors. If an individual doesn’t provide a breath sample then it is a lot more difficult to prove that they were drunk. In those cases prosecutors will offer an individual a plea deal to the lesser offense of being impaired rather than going to trial and arguing what level of impairment an individual actually had.
Penalties for DWI in Anne Arundel County
In Anne Arundel County, DWI charges have lower maximum penalties than DUI. The maximum penalties for a first offense DUI is 1 year incarceration and a $1000 fine. That maximum is not usually a realistic penalty for a first offender in Maryland. Maximum penalties for a DWI are significantly lower. Maximum jail sentence for a first offense DWI is 60 days of incarceration rather than one year and the maximum fine is $500 rather than $1000 for the DUI.
How an Anne Arundel DWI Attorney Builds a Defense
The first step that any Anne Arundel County DWI lawyer should take is talk to their client. The client is going to be an attorney’s best source of information in regards to the stop and the arrest itself. Then a lawyer will need to thoroughly examine the state’s evidence. To do so, they will need to demand recovery from the prosecution and comb over their evidence. Once that has been completed, then an attorney can start crafting a trial defense. If there is no legal or factual defense for the case then the next step is to get the case in front of the correct judge to hear those facts. What that would mean is if the case is in front of a district court judge who doesn’t like some particular aspect of the case then a lawyer may ask for a jury trial in order to have the case heard in front of a judge that would be better suited to hear those facts.