Maryland DUI Laws & Attorneys
by Joshua Dale
If you are going to drink and drive in Maryland, stick with the ‘state beverage’ – milk – and you won’t have any problems with Maryland’s drunk driving laws.
In Maryland the per se breath or blood alcohol content (BAC) is .08%, which renders you legally driving while intoxicated (DWI), whether you are drunk or not. But it’s important to realize even with a lower BAC you can still be arrested for DUI (driving under the influence), if an officer deems your driving ability is impaired, or if you are under the influence of drugs. If you exhibit sloppy coordination, have bloodshot, watery eyes, slurred speech, alcohol on the breath, or have admitted to having “a couple of drinks”, this can be used as subjective evidence against you in a criminal court trial. A refusal to take a BAC test can also be admitted into evidence at a Maryland DUI trial as “consciousness of guilt”.
If your BAC is between .04% and .07%, you can be charged with a Maryland DUI. This means that your normal ability to drive has been “substantially impaired” as a result of drinking. Although a Maryland DUI charge is a lesser infraction than a DWI, it is still a serious offense. If you are convicted of a Maryland DWI or DUI, the penalties can include fines, jail time, programs, points against your driver’s license, a host of other punishments and a permanent stain on your driving record.
Maryland officers in the field often use what is called a Preliminary Breath Test (PBT). This is not a required test and refusing to take this test is not admissible as evidence in a Maryland Court. You also do not have to submit to a field sobriety test (FST), especially if you are injured or aged. The PBT should not be confused with the FST or the blood alcohol test (BAC) which driver’s are required to take and which will be administered after you have been arrested and lawfully advised of your rights. Because of the implied consent law in Maryland, you have agreed ahead of time to submit to a BAC test, or risk losing your license and face aggravated punishments.
If you haven’t been drinking or you believe that you might have ingested or inhaled alcohol based paints, solvents, mouthwash, prescription or over the counter drugs, be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not ‘legally drunk’ under Maryland DUI law.
When charged with a Maryland DUI you’ll face a gauntlet of two similar, but separate cases. One is a criminal court proceeding, one is a civil hearing administered by the Maine State Department of Transportation, Motor Vehicles Administration, which acts as a judge, jury and overseer of driver’s license sanctions. The penalties imposed by both may differ, may be similar, and will generally run concurrently (at the same time). Be advised that even if you are found not guilty in court, the MVA can still suspend you driving privileges.
Persons arrested for a Maryland DUI have only 10 days from the date of arrest to request a MVA hearing. Snooze and you’ll lose. If you don’t request the hearing, or show up on time, your license will be automatically suspended.
Remember that you do not have to answer questions that are incriminating, anything you say can and will be held against you. Just remain polite and ask about your rights, from BAC testing to requesting an attorney.
Across the country DUI laws and evidentiary procedures are being challenged, while at the same time state laws are becoming more severe. To be certain that you have the correct and current knowledge contact a Maryland DUI specialist.
When arrested you have a right to place phone calls and or consult in person with an attorney and/or family member prior to making a decision regarding chemical testing. Law enforcement persons are not required to advise you of this right. But once a request is made the officer is obligated to provide you with a reasonable opportunity to exercise this right, so ask for a Maryland DUI attorney, the sooner the better.
-- Info You Need To Know --
Was I Stopped Legally?
You were probably stopped because of an equipment failure or an officer had probable cause to think you were driving in an impaired manner. Arrests for drunk driving in every state focuses on four areas: driving patterns, physical appearance, field sobriety tests and chemical tests.
Not all reasons offered by officers are always legal. Check with a Maryland DUI attorney who will examine all the different aspects of your case and will defend you aggressively.
I’m Simply Going To Plead Guilty, Why Do I Need A Maryland DUI Lawyer?
Maryland DUI convictions and penalties can be long lasting and severe, both in court and with the MVA which regulates your driving privileges. These penalties and the numerous and complicated laws relating to motor vehicles and Maryland DUI charges should be taken very seriously.
An experienced and skilled Maryland DUI lawyer may be able to help mitigate your plight by minimizing your legal problems and maximizing your defense. A Maryland DUI defense attorney will level the playing field between you and the prosecution, effectively present your side of the case while safeguarding your constitutional rights.
When considering consulting a Maryland DUI attorney, take into account the impact of a criminal conviction: voting privileges, increased cost or cancellation of auto insurance, educational opportunities, inability to rent or own cars, restrictions on travel, loss of security clearance, job barriers, possible loss of voting privileges, professional credentials or certifications, and the loss of personal freedom. Don’t you think these rights, possessions, achievements and abilities and are worth protecting?
What’s A DUI Defense Attorney Going To Cost?
One of the biggest concerns for people charged with a DWI is attorney fees. As cases vary, so does cost. Most people don’t realize that money spent now on expert help from a Maryland DUI attorney might save them thousands of dollars in the years to come.
What Is A 5 Year "Look-Back" Period?
The "look-back" period is one factor determining the extent to which a repeat offender should be punished. If a DWI has occurred within the look back period, enhanced penalties may be imposed. The court has broad powers regarding sentencing and whether to grant probation. But conditions of probation can be extremely restrictive. Moreover, monthly supervision fees are charged.
What if I Refused To Take A BAC (blood alcohol content) Test?
A driver’s license or driving privileges can be suspended for a period of 1 year. To plead your case for saving your driving privilege a request to the Maryland MVA for a hearing must be made within 10 business days after the refusal of a BAC test.
What if I Am An Out of State Driver?
Maryland, along with 45 states and the District of Columbia, has an out-of-state-Driver’s License Compact Agreement. This means that Maryland DUI convictions will be reported to your home state which will generally take action to suspend your license. Offenses for out-of-state drivers can also create other complications. Consequently, it’s imperative that you contact a local Maryland DUI attorney to walk you through the procedures and insure that you don’t face complications with bail, jail, and your driving privileges.
What Happens In Court?
You’ll have to make several appearances. In a criminal case you have the right to a jury trial with the presumption of innocence. If convicted, it can be up to the judge what punishment you will receive. The sentencing range, and whether the offense will be a misdemeanor or a felony, is based on a number of things, including prior convictions. This includes any previous Maryland administrative or criminal court DUI suspensions, refusal to submit to a BAC test, or any DUI convictions in other states. There are also penalty enhancements due to aggravated circumstances.
In addition, a judge may require you to participate in alcohol or drug treatment programs as part of a parole (probation) program or have an ignition interlock device installed on your vehicle. A condition of parole may be that you not drink or congregate where any alcoholic beverages are served (excluding ball parks, concerts, restaurants).
What Are Statutory Assessments?
Additional court costs, depending on the state penal or vehicle code violated.
Can I Plea Bargain?
It is next to impossible to plea bargain a Maryland DWI charge without an experienced Maryland DWI lawyer. Often effective DWI counsel will be able to negotiate a plea to a lesser charge. While the plea bargaining is extremely advantageous to anyone accused of Maryland DWI, one must remember that if the original charge was a DWI (in any state), a conviction will still count as a prior for calculating the mandatory minimums for an additional offense within a 5 year “look back” time frame.
I’ve Heard of A Nolo Contendere Plea, What Is It?
In legal terms, nolo contendere (Latin for “I do not wish to contest”) is an alternative to a guilty or not guilty plea. While not technically a guilty plea, a nolo plea has many of the same effects, but with some mitigating circumstances. In most states you can only plea nolo once in DWI cases. Generally a judge decides whether a nolo plea will be accepted, and it is not always available.
In any case, without services of a veteran Maryland DWI specialist, specialized pleas or plea bargaining is not possible.
Is Punishment by the Maryland MVA and the Criminal Courts Double Jeopardy?
Like most states Maryland DWI law permits the enforcement of administrative penalties in addition to court punishments, as the state considers driving a privilege, not a right, and not subject to the protection of civil liberties. In an administrative MVA hearing, the burden of proving yourself innocent rests upon you and your Maryland DWI attorney. Maryland MVA administers driver’s licenses, imposes civil penalties, and also serves as the judge, jury and metes out punishment as well.
What About Punishments for Multiple Maryland Offenses?
Any time you face multiple or ‘aggravated’ Maryland DWI charges, or if death, injuries or sizeable property damage occurs, the fallout for a Maryland DUI will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of driver’s license for years, if not permanently. We strongly recommend retaining an experienced Maryland DWI attorney in order to secure the best possible outcome of a potentially severe situation.
– Maryland Criminal Drunk Driving Penalties –
1st Maryland DUI Offense
Minimum driver's license suspension of 45 days.
$1,000 fine.
Up to 1 year in jail.
Completion of impaired driver intervention program.
May require submission to random urinalysis.
Failing treatment recommendations shall be considered contempt of court carrying a minimum of 14 days in jail.
Community service may be partial trade for jail time.
2nd Offense
Any or all of the above.
$2,000 in fines.
2 years in jail.
DUI conviction is worth 12 points on a Maryland Driver's License record.
Completion of impaired driver intervention program.
3rd or Subsequent Offense
Any or all of the above.
3 years maximum in jail.
Mandatory Minimum 10 days in jail if within 5 years of prior conviction.
$3,000 fine.
Completion of impaired driver intervention program.
DUI with Minor in Vehicle
1st offense:
2 years maximum jail time.
$2,000 fine.
2nd offense:
3 years maximum jail time.
5 days minimum if within 5 years of prior conviction.
$3,000 fine.
3rd offense:
4 years maximum jail time.
10 days minimum if within 5 years of prior conviction.
$4,000 fine.
1st Maryland DWI Offense
Up to 60 days drivers license suspension.
$500 fine.
Up to 2 months in jail.
Completion of impaired driver intervention program.
8 points on Maryland driver's license record.
2nd DWI Offense
$500 fine.
1 year in jail, 37 days mandatory.
1 year minimum driver’s license suspension.
Vehicles owned or registered to offender may be impounded or immobilized during the period of license suspension.
Ignition interlock device may be installed on all offender’s vehicles during suspension. (Vehicles will not start if IID detects and alcohol on breath,
Mandatory assessment of alcohol abuse and appropriate treatment.
3rd DWI Offense
5 year suspension of driver’s license.
Mandatory180 days in jail.
28 days residential substance abuse treatment program.
Possible impound of vehicles.
Completion of impaired driver intervention program.
The Maryland State Attorney General may file habitual offender papers for enhanced penalties including:
Mandatory jail terms.
Lengthier alcohol education program.
Mandatory ignition interlock device.
4th DWI Offense
Any and all the above.
Driver's license shall be revoked indefinitely.
Driving While Impaired by Drugs
Defined as controlled substances, prescription or non-prescription drugs.
1st Offense:
1 year in jail, maximum.
$1,000 fine.
2nd Offense:
2 years in jail, maximum.
5 days if within 5 years of prior conviction, minimum jail sentence.
$2,000 fine
Subsequent Offenses:
3 years maximum jail time.
10 days minimum jail time if within 5 years of prior conviction.
$3,000 fine.
Refusal of BAC Test
1st refusal:
120-day driver's license suspension, plus the refusal may admissible as “consciousness of guilt.”
2nd refusal:
1 year suspension.
DWI with Minor in Vehicle
1st offense:
6 months maximum jail.
$1,000 fine.
2nd offense:
1 year maximum jail.
$2,000 fine.
– Maryland Motor Vehicles Administration –
MVA Penalties
1st offense 1 year driver’s license suspension.
Ignition interlock device for a period between 3 to12 months on any offender’s vehicles.
Alcohol assessment treatment if deemed appropriate.
Restricted license available for work, education and treatment.
2 years restriction on using alcohol or drugs.
2 alcohol related convictions within 2 years subject to 3 years alcohol abstinence.
Underage DUI
BAC limit of .02% (zero tolerance laws).
1st Offense:
$500. fine, 45 days license suspension.
2nd Offense:
$500 to $1,000. in fines,
90 day license suspension.
Total loss of driving privileges for subsequent offenses.
Transporting a minor (under 18) while DUI, fines of up to $4,000 and up to 4 years in prison.
SR – 22, high risk insurance required.
Possible seizure of car when any drugs on any person are found in vehicle.
Using a Fake ID
Up to $2,000. in fines.
Suspension of driver’s license.
Supervised work or treatment programs.
Federal penalties of up to $25,000 in fines and 15 years imprisonment.
Underage DUI/Refusal of BAC Test
Refusal penalties are the same as an adult.
Commercial Driver’s License
1st offense: license suspension for 1 year.
Eligible for basic license after waiting period.
2nd offense lifetime disqualification.
– Disclaimer –
Only experienced Maryland DWI attorneys should provide you with bonified legal advice concerning Maryland DWI/DUI laws. Consequently, the aforementioned information on this web site should not be construed as legal advice, rather suggestions and a range of helpful information and should not be substituted for speaking with accredited Maryland DWI attorneys. There is no warrantee, expressed or implied herein. These issues are complicated, laws change and litigation takes experience. Please let us refer you to a seasoned professional Maryland DWI lawyer.
– Citations –
§ 21-902. DUI
§ 5-101 Controlled substances.
[An. Code 1957, art. 661/2, § 11-902; 1977, ch. 14, § 2; 1980, ch. 144; 1981, ch. 242; 1988, ch. 562; 1993, ch. 308;
1995, ch. 498; 1996, ch. 652, § 2; 1997, ch. 451; 1999, ch. 347; 2001, chs. 4, 5, 483; 2002, ch. 213, § 6; 2003, chs. 243,
244, 246; 2004, ch. 335; 2005, chs. 482, 495, 496.]
Maryland Law 16-205.2. (PTB) test.
MVA
Driver Wellness and Safety Division
6601 Ritchie Highway
Glen Burnie, MD 21062
