In Maryland, the penalties you'll face for driving while under the influence of drugs or alcohol depend mainly on how many prior offenses you have. This articles covers how Maryland defines driving under the influence and the penalties you'll face for a first, second, and third conviction.
Maryland has a number of intoxicated driving classifications. But they can be separated into two main types: DUIs (driving under the influence) and DWIs (driving while impaired).
A person can be convicted of a DUI for driving or attempting to drive while impaired to a substantial extent by alcohol or a controlled substance or with a blood alcohol concentration (BAC) of at least .08%.
The level of impairment the prosecution must prove to get a DWI conviction is lower than that for a DUI. A DWI only requires proof that the driver's normal coordination was impaired to some extent by alcohol or drugs.
A driver can also be convicted if he or she is unable to safely drive due to legal drugs (such as over-the-counter and prescription medications) or a combination of legal drugs and alcohol. This offense is technically called "driving under the influence," but carries the same penalties as a DWI.
The penalties for a DUI conviction depend on the number of prior offenses the driver has in the last five years and the circumstances of the incident.
Generally, the possible penalties for a DUI conviction are as follows.
|
Jail |
Up to 1 year |
5 days to 2 years |
10 days to 5 years |
|
Fines |
Up to $1,000 |
Up to $2,000 |
Up to $5,000 |
|
License Suspension |
6 months |
12 months |
18 months |
Having a passenger under 18 years old at the time of a DUI offense can add up to $1,000 in fines and up to one year in jail to the existing penalties.
For purposes of determining the license suspension period, only prior offenses within the last five years are counted.
The penalties for a DWI—including DUIs based on legal drugs—are based on the number of prior DWI and DWI offenses the driver has within his or her lifetime.
|
1st Offense |
2nd Offense |
3rd Offense |
|
|
Jail |
Up to 2 months |
Up to 1 year |
Up to 5 years |
|
Fines |
Up to $500 |
Up to $500 |
Up to $5,000 |
|
License Suspension |
Up to 6 months |
Up to 9 months |
Up to 12 months |
An impaired driver who was transporting a minor passenger will face a maximum of one year in jail and $1,000 in fines for a first offense and a maximum of two years in jail and $2,000 fine for a second offense.
As with DUI offenses, for purposes of determining the length of the suspension for a DWI conviction, only prior offenses within the last five years are counted.
Maryland's implied consent law states all drivers are deemed to have impliedly consented to a test of their breath or blood.
If a driver fails or refuses a test, the officer is supposed to seize the driver's license (who is prohibited from driving for 12 hours after arrest), issue a temporary license, and submit the results to the Motor Vehicle Administration (MVA).
Test failures. A driver with a BAC of at least .08% faces a 180-day suspension, regardless of the number of prior offenses.
High BAC. A driver with a BAC of .15% or more faces a 180-day suspension on a first offense and a 270-day suspension for a second or subsequent violation.
Refusals. A driver who refuses testing will be suspended for 270 days. A driver who refuses testing and has a prior violation will be suspended for two years.
A driver can contest an implied consent suspension by filing a request for a hearing within ten days of the suspension notice.
Maryland's ignition interlock program allows participants to drive during their suspension.
The ignition interlock program is mandatory for offenders who are convicted of:
For these offenses, the IID program is generally six months for a first offense, one year for a second offense, and three years for a third offense. (A driver who's under the age of 21 may be required to hold an IID for up to three years.) However, successful completion of the IID program can result in the early reinstatement of the driver's license.
Drivers who are suspended due to an intoxicated driving incident but aren't required to participate in the ignition interlock program can opt to voluntarily apply to the program. If accepted, the driver will be permitted to drive with the use of an IID and will be eligible for early reinstatement after completing:
A suspended motorist can also apply for a hardship license—which allows driving with some restrictions—if his or her BAC was under.15% BAC. Basically, hardship licenses are for driving to and from places like work and school.
If you've been arrested for driving under the influence in Maryland, you should get in contact with an experienced DUI lawyer. A qualified DUI lawyer can explain the penalties you're facing, let you know if you have any viable defenses, and advise you on how best to handle your situation.