Maryland Howard DUI Lawyers Alcohol Influence Intoxicated Evidence

Maryland Howard DUI Lawyers Alcohol Influence Intoxicated Evidence

Darwin v. State

Facts:

Defendant was convicted in the Circuit Court of Howard (Maryland) of driving while under the influence of alcohol (DUI), under Md. Code Ann., Transp. § 21-902(a)(1) (2008), and driving while under the influence of alcohol per se, under Md. Code Ann., Transp. § 21-902(a)(2) (2008), and sentenced to consecutive terms of imprisonment. He appealed his consecutive sentences.

If you are facing a criminal case in Howard, Maryland, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Maryland Howard DUI Lawyers Alcohol Influence Intoxicated Evidence
Maryland Howard DUI Lawyers Alcohol Influence Intoxicated Evidence

We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Holdings:

The Maryland Court made the following holding:
  • The offense of driving under the influence of alcohol per se, in violation of Md. Code Ann., Transp. § 21-902(a)(2) (2008), was enacted as a separate offense in the statutory scheme to permit an intoxicated driving conviction based solely on blood alcohol content, as an alternative to a fact finder having to rely on the more subjective behavioral evidence necessary to prove intoxicated driving under Md. Code Ann., Transp. § 21-902(a)(1) (2008).
  • “The unit of prosecution” for the intoxicated driving offenses in Md. Code Ann., Transp. § 21-902(a)(1) and (2) (2008) is the act of driving. A “single act of driving” interpretation of the statute for sentencing purposes is appropriate, given the repeat offender sentencing scheme available for intoxicated driving convictions, and the absence of any indication that the legislature intended that a person convicted of both driving under the influence of alcohol, under Md. Code Ann., Transp. § 21-902(a)(1) (2008), and driving under the influence of alcohol per se, under Md. Code Ann., Transp. § 21-902(a)(2) (2008), based on one uninterrupted driving episode, could face consecutive sentences for violating both subsections of Md. Code Ann., Transp. § 21-902(a) (2008).

We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Courts we cover in Howard, Maryland

Howard County Circuit Court

8360 Court Avenue,
Ellicott City, MD 21043.

Howard County District Court

3451 Courthouse Drive,
Ellicott City, MD 21043-4377.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.