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Maryland DUI Laws


Maryland DUI Laws differentiate between driving under the influence (DUI) and driving while impaired (DWI).

An individual will receive a DWI during instances when the blood alcohol content is 0.07%, on the other hand, an individual will receive a DUI when the BAC is 0.08% or more. Although the penalties are more or less the same, a DUI conviction will carry more punishment than a DWI.

You can also be arrested of DUI if you are intoxicated with alcohol and/or drugs and your driving ability has been impaired by said intoxication.

A person under 21 may be charged of DUI if his BAC is equal to 0.02% or higher, and a commercial vehicle driver will also be charged of DUI if his BAC is equal to 0.04% or higher.

A DUI arrest will invoke the implied consent law where you are requested to take the breath test to determine the alcohol content in your system and to classify your offense as DUI or DWI. If you refuse, this can be used against you as evidence in the court case.

Once arrested there are two charges you will face, a criminal court case and a Maryland Motor Vehicle Administration case. For the administrative case, you are given 10 days to request for a hearing in which you have to file the appropriate paperwork. To correctly file this request get help from a skilled DUI defense attorney.

If the evidence point out you are guilty of DUI, the court imposes the following penalties and fines:

1. First DUI conviction – jail time of up to 1 year, fines of up to $1,000, and license suspension of a minimum of 6 months. If a minor is onboard the vehicle during arrest, jail time is increased up to 2 years and fines of up to $2,000;
2. Second DUI conviction – jail time of up to 2 years, fines of up to $2,000 and license suspension of up to 1 year if the conviction is committed within 5 years of the previous conviction. If a minor is onboard the vehicle during arrest, jail time is increased of up to 3 years and fines of up to $3,000; and
3. Third and subsequent DUI conviction – jail time of up to 3 years, fines of up to $3,000, and license suspension of up to 18 months. If a minor is onboard the vehicle during arrest, jail time is increased up to 4 years and fines of up to $4,000.

If the offense committed is DWI the penalties and fines are lighter. Some of these are:

1. First DWI conviction – jail time of up to 2 months, increased to 6 months if minor is onboard; fines of up to $500, increased to $1,000 if minor is onboard; and 6 months minimum license suspension.
2. Second DWI conviction – jail time of up to 1 year, fines of up to $500, increased to $2,000 if minor is onboard; and 1 year minimum license suspension.

Maryland DUI Laws impose strict penalties, fines, and license suspensions so it is best to avoid drinking while driving within the state.