As a sentence is determined in a DWI case
February 25, 2016 admin
If you are convicted of a DWI in Maryland there are a variety of factors that a judge may take into account to determine the appropriate level of punishment.
A conviction for DWI in Maryland is complex because many factors must be considered in all cases. These are generally classified as extremely aggravating factors, aggravating factors and mitigating factors. Extremely aggravating factors are those that are more severe, whereas mitigating factors that may serve to reduce the sentence. Usually the judge makes a comparison between the factors and thus decides a sentence.
Extremely aggravating factors in Maryland include: severe injuries to third parties while under the influence (DWI); driving under the influence of alcohol and / or drugs to a person under 18 years of age and have a prior conviction for DWI in the past 7 years. If your case involves three or more factors be appropriate Aggravated Level 1 which is the most severe. At this level the defendant may be fined up to $ 10,000 and can be sentenced to imprisonment for a minimum term of 12 months and a maximum term of 36 months. It may be possible to receive a special condition of probation which would suspend his imprisonment but even then the defendant must serve at least 120 days in prison. If your case involves two of these factors, you can expect a level 1 of punishment which includes jail time from 30 days to 24 months and a fine of up to $ 4,000. And if your case has one of these factors you can receive a punishment level 2 which may include jail time from 7 days to 12 months and a fine of up to $ 2000.
MD aggravating factors include: Driving with an alcohol content of .15 or more; Dangerous driving; driving with license revoked; previous convictions for DWI; driver speeding to avoid arrest or over 30MPH on the speed limit and pass a school bus illegally.
MD mitigating factors include: mild impairment if the test was not available; a good driving record; a concentration of not higher alcohol 09; without traffic violations at the time of DWI; impairment due to the use of legal medicine; and if the driver voluntarily attended a mental institution for evaluation.
In case of no extremely aggravating factors the judge will compare aggravating and mitigating factors in determining an appropriate sentence. Obviously the mitigating factors have more going for it is more likely to get a lesser sentence. There is no guarantee that a judge will reduce or increase a sentence based on the factors but usually the judge takes stock on the factors in a DWI case.
If you find yourself in a situation where he is accused of DWI, you should contact an attorney with experience and knowledge to handle your case and also with the attention it deserves.
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