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DUI merger revisited

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Image from National Institute of Standards & Technology.

Last August, I addressed merger of DUI and DWI per se.

As an update, last January, Maryland’s intermediate appellate court ruled that "when a defendant is convicted of both DUI and DUI per se, arising out of the same act of driving, the lesser sentence, in this case the one for DUI per se, merges into the greater sentence, in this case the sentence for DUI, under the rule of lenity." Washington v. Maryland, 2010 Md. App. LEXIS 11 (Md. App. Jan. 28, 2010).