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Merging DUI and DWI per se.

By Marks & Katz, LLC

Image from National Institute of Standards & Technology. The jurisdictions where I practice criminalize both drunk driving (DUI) and driving with a blood alcohol content over 0.08 (DWI). If a defendant is convicted of both, the defense lawyer should be ready to ask the judge to merge the two convictions, or, in the alternative, the two sentences.  In Virginia, it is already understood that only one conviction can arise from a guilty finding for drunk driving and driving with a 0.08 BAC. U.S. v. Hornada, U.S. Dist. Ct. No. TVN No. P2125951-54 at n. 1 (E.D. Va., Sept. 26, 1997) (Poretz, M.J.) (unpub'd). In Maryland?s, the intermediate appellate court recently ruled that DUI and DWI do not merge as convictions, but do merge for sentencing. Turner v...continue to full post

Full post as published by Underdog on August 03, 2009 (boomark / email).