Many first-time DUI offenders in Maryland do not “do time.” Rather, many receive probation rather than being incarcerated. But, at the same time, violating the conditions of probation can and often does result in “doing time” because violating your probation will mean you will be incarcerated. Probation is often negotiated by your experienced attorney and the prosecuting attorney. But, the facts of any given case will determine if probation is offered. There is certainly no guarantee.

If you have been arrested or charged with DUI/DWI in Waldorf, Maryland, Charles County, MD or other parts of Southern Maryland call us here at the Law Office of Robert Castro. We are available around the clock, 24/7. Call us at (301)870-1200. Here is a brief discussion of DUI and probation in Maryland.

DUI — driving under the influence — is the more severe drunk driving crime in Maryland. DUI can be proven if you were operating a vehicle and your blood alcohol content (“BAC”) registered at 0.08%. A lower BAC can be charged as driving while intoxicated. A BAC significantly higher than 0.08% is one of the factors that will be taken into account if you seek probation. The more severe or aggravating your DUI behavior, the less likely the prosecuting attorneys (and the judge) will agree to probation. The “aggravating” factors include:

• Prior convictions in general
• Prior convictions related to DUI, alcohol, or drugs
• A BAC of 0.15% or higher
• Whether you were younger than 21 at the time of the arrest
• Whether you were transporting passengers under the age of 18
• Whether an accident occurred
• Whether you were cooperative, polite, etc., with the arresting officers

The possible punishments and penalties for a first-time DUI are the following:

• Up to 12 months in jail
• A fine of up to $1,000
• 12 points added to your driving record
• Mandatory suspension of driver’s license for 6 months
• Possible requirement of the installation of an ignition interlock device (“IID”) and enrollment in an IID monitoring program

DUI probation is an alternative sentencing that “pauses” these punishments and “substitutes” a court-ordered supervised and monitored freedom of movement under certain conditions and restrictions. DUI probations can be as short as six months or last for three years. Probation generally requires the following:

• Community service
• Payment of fines
• Attendance at an alcohol/substance abuse education program
• No use of alcohol or drugs during probation
• Random drug and alcohol testing
• Installation of an ignition interlock device and enrollment in a monitoring program
• Periodic visits to an assigned probation officer

Abiding by the terms and conditions of your probation can be difficult. But, without question, probation is better than going to jail.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.