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Will I Lose My CDL if I Get a DUI in Virginia?
Being charged for driving under the influence (DUI) can have even more severe consequences when you have a commercial driver’s license (CDL). If you drive for a living, a single mistake can threaten your livelihood. However, a charge is not a conviction. Our Herndon, VA DUI defense lawyers can explain the potential penalties and help you build a strong defense for you.
Are DUI Laws Different for CDL Holders in Virginia?
When it comes to DUIs, the rules for CDL holders are much stricter than for drivers with a standard license. Under Virginia Code § 46.2-341.24, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.04 percent or higher while driving a commercial vehicle. That is half the legal limit for non-commercial drivers.
What Happens if a Minor Is Caught Drinking and Driving in Maryland?
Maryland has strict laws designed to discourage alcohol use by anyone under 21 and to prevent accidents caused by impaired driving. Even a small amount of alcohol in a young driver’s system can lead to criminal charges, license suspension, and long-term consequences. These cases can affect not only the young driver but also their family and future opportunities. Our Silver Spring, MD DUI defense lawyers can walk you through the legal process and possible defenses.
What Is Maryland’s Zero Tolerance Law for Underage Drivers?
Maryland follows a "zero tolerance" rule for anyone under the age of 21 who drinks and drives. Under Md. Code, Transp. § 16-113(b), any detectable amount of alcohol in your system can lead to a DUI charge.
Common Police Mistakes During a DUI Stop in Virginia
Police officers must follow strict laws and procedures during a DUI stop. Even one mistake could mean that key evidence is thrown out or the entire case is dismissed. If you think something went wrong during your arrest, speak with our experienced Fairfax, VA DUI defense lawyers as soon as possible. We will investigate your case and start preparing a defense strategy immediately.
Can Police Pull You Over Without Good Reason in Virginia?
Police cannot pull you over without legal cause. Virginia law dictates that officers must have reasonable suspicion that a traffic violation or crime has occurred before they can pull you over. This means the officer must witness a clear traffic violation or have strong evidence that a crime has been committed.
If you were stopped for vague reasons, such as driving late at night or looking nervous, your attorney may challenge the legality of the stop. If the court decides the officer lacked reasonable suspicion, any evidence collected afterward, including field sobriety or breath test results, could be suppressed.
Can I Refuse a Breathalyzer Test in Maryland?
If you are pulled over on suspicion of drunk driving, the officer will probably ask you to take a breathalyzer test. Refusing may protect you from giving the state direct evidence of your blood alcohol concentration (BAC), but it can also bring serious penalties on its own. If you are facing DUI or DWI charges, a Potomac, MD DUI defense lawyer can help you understand the law and prepare for court.
Does Maryland Have an Implied Consent Law?
Under Maryland Transportation § 16-205.1, every driver who operates a vehicle on public roads automatically agrees to submit to a chemical test. This is called "implied consent." An important point is that the police officer has to have reasonable grounds to suspect drunk driving to request a breath test.
How Police Test for Marijuana in DUI Stops in Virginia
When Virginia legalized small amounts of marijuana for personal use, many drivers assumed that using cannabis and driving would be treated the same way as having a glass of wine with dinner. However, that assumption can lead to serious legal trouble.
Driving under the influence of marijuana is a criminal offense under Virginia law. Police officers across the state use multiple methods to detect marijuana DUI. If you have been charged, you still have the right to challenge the allegations, and our McLean, VA marijuana DUI defense lawyers can help.
Is Marijuana Illegal in Virginia?
Virginia law permits adults 21 and older to possess up to one ounce of marijuana under Virginia Code § 4.1-1100. However, driving after using weed is still illegal under Virginia Code § 18.2-266. Unlike alcohol DUIs, no set THC limit automatically proves impairment. Instead, prosecutors must rely on evidence like officer observations and testing to show a driver was under the influence at the time of the stop.
What Is the Difference Between DUI and DWI in Maryland?
A common misconception is that driving under the influence (DUI) and driving while impaired (DWI) are interchangeable terms in Maryland. While both charges carry serious penalties, the differences come down to the level of impairment and the evidence prosecutors can present in court. If you are accused of either offense, a Gaithersburg, MD DUI defense attorney can explain your rights and help you build a strong defense.
DUI vs. DWI Under Maryland Law
Under Md. Code, Transportation § 21-902, you cannot drive or attempt to drive while you are under the influence of alcohol or impaired by drugs. A DUI is more severe than a DWI, and it usually applies when a driver’s blood alcohol concentration (BAC) is 0.08 percent or higher. At this level, prosecutors do not need to prove actual impairment. The BAC result is enough for you to be charged.
Can I Be Charged With DUI in Maryland if I Was Not Driving?
Most people associate a DUI arrest with being caught driving under the influence. However, you might be surprised to learn that according to Maryland DUI law, you do not have to be actively driving to be charged. Under certain circumstances, you can still be arrested and prosecuted for DUI even if your car was parked and not moving.
If you were simply sitting in your car and ended up in handcuffs, you may be wondering how this could happen and what you can do about it. Speak with a qualified Baltimore County, MD DUI defense lawyer to understand the implications and your options.
What Does "Actual Physical Control" Mean in Maryland DUI Cases?
According to Maryland law statute §21–902, you can be charged with DUI if, as the driver, you are in "actual physical control" of a vehicle while impaired. This means having the immediate ability to operate the vehicle, even if you did not intend to drive or never put the car in gear.
What Happens at a Maryland MVA Hearing After a DUI Arrest?
If you are facing DUI charges in Maryland, you will not only face criminal charges, but you may also be subject to a separate administrative process through the Maryland Motor Vehicle Administration (MVA). An MVA hearing can have a major impact on your driving privileges, including a possible driver’s license suspension.
Many drivers are unaware that the MVA hearing is a completely separate issue from the DUI criminal case or that the MVA hearing moves very quickly following DUI charges. It is essential that you understand what will happen at your MVA hearing, including how to prepare and what is at stake. When you have an experienced Towson, MD DUI lawyer advocating on your behalf, both your criminal case and your MVA case are likely to have better outcomes.
The Difference Between an MVA Hearing and Criminal Court for DUI
There is no requirement to request an MVA hearing. If you fail to do so, you will likely lose your driving privileges before your DUI criminal case even makes it to trial. The loss of driving privileges in our mobile society can have significant adverse effects.
Can the Outcome of a DUI Depend on the Attorney’s Experience?
Being charged with DUI can result in a multitude of feelings. Perhaps you are angry because you do not think you were impaired or feel the officer treated you disrespectfully. Maybe you are embarrassed about the arrest and do not want your family members, friends, or work colleagues to find out. You may be dreading the trial, wondering how on earth you will work and go about your life without a driver’s license.
You could be afraid you will lose your job or possibly spend time in jail. And you are also likely worried about the financial impact the DUI charges will have on you. All of these feelings are perfectly normal, but in many cases, these feelings cause a person charged with DUI to make hasty or poor decisions.
Can a Maryland DUI Affect Professional Licensure?
As if being charged with DUI is not stressful enough, in addition to worrying about the fines and fees, potential jail time, and how you will get where you need to be without a driver’s license, in some instances, a Maryland DUI can affect professional licensure. Since your professional license is your key to making a living in your chosen profession, this can be an extremely serious issue. The best way to avoid having a DUI make an adverse impact on your professional licensure is to speak to an experienced Towson, MD DUI lawyer.
How a DUI Conviction Can Potentially Affect Your Professional License
If you currently hold a professional license, such as a license necessary to practice as a nurse, doctor, pharmacist, lawyer, commercial driver, or real estate agent, you could find that a DUI conviction can affect your license. This is because you are required to report any criminal conviction to the licensing board that oversees your license.
301-479-5466
Our firm provides DUI defense services to clients in Baltimore County and surrounding areas, including Towson, Dundalk, Arbutus, Overlea, Timonium, Perry Hall, Rosendale, White Marsh, Catonsville, Parkville, Owings Mills, Reisterstown, Ellicott City, Essex, Glen Burnie, Baltimore, Columbia, Annapolis, and Westminster.
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