Maryland DUI Penalties

Maryland DUI law and penalties

Each State within the United States has been given the authority to write their own laws on Driving Under the Influence, or better known as DUI. Within this article we will explore the different DUI laws in the State of Maryland, and their penalties. To begin with, Maryland has what is known as a five year "Lookback Period". This means that any previous DUI convictions you have within the past five years become relevant for the sentencing you are now facing with your current DUI. Maryland also identifies the terms DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) as equal in carrying the same weight and responsibility. 

What constitutes a high BAC for a DUI in Maryland?

  • Under 21: .02%
  • 21 or Older: .08% or higher (DUI); Between .04% and .08% (DWI)
  • Commercial: .04%

There is never an accpetable time to drink and drive as your vision, reasoning, along with your mental capacity to make important decisions and judgments is severely hindered and are not capable of bouncing back to what you are able to perform without alcohol in your system. Each person is different and their tolerance level for alcohol is severely unpredictable making it impossible to say how many drinks are "normal" or not. This is what requires law enforcement to perform chemical testing on suspecting DUI offenders. If you are pulled over and are requested to take a chemical test to deternine your BAC, or Blood Alcohol Content, Maryland has an implied consent law. This means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. For refusal to take a chemical test, the penalties are as follows:

  • First Offense: 120 day license suspension
  • Second Offense: 1 year license suspension
  • Third Offense: 1 year license suspension

What are the penalties within the Maryland DUI laws?

There are several penalties within the Maryland DUI laws, and we will explore them in this section. Should you be pulled over and found guilty of Driving Under the Influence of alcohol within the boarders of the State of Maryland, the following are the penalties you will be facing:

Penalty of Jail

  • First Offense: Up to 1 year (DUI); Up to 2 months (DWI)
  • Second Offense: Up to 2 years (DUI); Up to 1 year (DWI)
  • Third Offense: Up to 3 years

Penalties and Fines

  • First Offense: Up to $1,000 (DUI); Up to $500 (DWI)
  • Second Offense: Up to $2,000 (DUI); Up to $500 (DWI)
  • Third Offense: Up to $3,000

Penalty of License Suspension

  • First Offense: Minimum 6 months (DUI & DWI)
  • Second Offense: 1 year (DUI & DWI)
  • Third Offense: 18 months

Penalty of Ignition Interlock Device (IID)

  • First Offense: No
  • Second Offense: Yes
  • Third Offense: Yes

Conclusion

It is important to note that laws change, along with their interpretation and application of them. Due to the fact that there are multiple jurisdictions within a State and each may choose to enforce the laws in different ways, it is important to prepare for the unexpected. For this reason, you would be wise to retain the services of an exprienced and professional lawyer who is well versed in the DUI laws of the State of Maryland and is capable of giving you the direction you need for your specific case, along with being fully aware of the laws pertaining to DUI. 

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