The A/B citations are statutory rules that apply to DUIs and DWIs in Maryland. Oftentimes if you are pulled over by a police officer for suspicion of drinking and driving, the officer will charge you with both an A and B citation.
A DUI citation, or the “A” citation, is driving under the influence of alcohol. The Maryland law (MD Code, Transportation, § 21-902(a)) states that, “(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol; (2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se (blood alcohol concentration is 0.08 or above); (3) A person may not violate (1) and (2) while transporting a minor.”
A DWI citation, or the “B” citation, is driving while impaired by alcohol. The Maryland law (MD Code, Transportation, § 21-902(b)) states that, “(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol (blood alcohol concentration is 0.07 or more); (2) A person may not violate (1) while transporting a minor.”
If the driver’s blood alcohol concentration is 0.06, there are no presumptions and the state can try and prove guilt with other evidence. However, if the driver’s blood alcohol concentration is 0.05 or less, it is presumed that you were not driving while impaired by alcohol. Nevertheless, the state can still try and prove either the “A” and/or the “B” offenses if you performed poorly on any of the field sobriety tests.
It is imperative that you hire an experienced Maryland DUI/DWI attorney if you have been charged with a DUI or DWI because the penalties can be severe. A skilled DUI/DWI attorney can work hard to limit these consequences and achieve a favorable outcome. The attorneys at Portner & Shure can and have worked with the State to plead down to a lesser charge (i.e. from “A” to “B”).
If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/
Here is a link to the Maryland law: http://law.justia.com/codes/maryland/2013/article-gtr/section-21-902/