Understanding Maryland’s DUI Laws and Penalties

Like with every jurisdiction, driving under the influence of drugs or alcohol is against the law in Maryland. This is a serious offense that carries the potential for incarceration, especially for someone with prior convictions on their record.

Understanding Maryland’s DUI laws and penalties is important for anyone charged with this offense. The good news is that a skilled attorney could help you beat these charges and avoid the consequences. Let a Maryland DUI lawyer from Timothy A. Dachille and Associates advise you of your defense options.

What Constitutes DUI in Maryland?

Maryland takes a unique approach to drunk driving offenses by breaking the act down into two unique crimes. While many states use the terms DUI and DWI interchangeably, they represent two individual criminal offenses under Maryland law.

A DUI is the more serious charge of the two. This offense is appropriate when a person operating a motor vehicle has a blood alcohol concentration test result of .08 at the time. Alternatively, a DWI can occur if a driver has a BAC below .08. There is usually additional evidence in a DWI case, like signs of impairment or the inability to drive safely.

Criminal Penalties for Drunk Driving Offenses

While every arrest and conviction for DUI is a serious matter, certain factors can impact the specifics of your sentence. Chief among these are prior convictions.

It is also important to keep in mind that Maryland treats DUI and DWI offenses differently. The penalty for one is not the same as the other. The consequences of a DWI are lower since the threshold for the offense is below that of a DUI.

First Offense

For a person’s first DUI conviction under Maryland law, the judge has the power to issue a sentence of up to one year in jail and a fine of no more than $1,000. These penalties are doubled if a minor was present in the car at the time of the offense.

A first-time DWI conviction can lead to as much as two months in jail and a $500 fine. The penalties increase to one year and $1,000 when a minor is in the car.

Second Offense

The penalties are steeper when it comes to a second drunk driving conviction within five years. For a second DUI, you can face as much as two years in jail, with a minimum sentence of at least five days behind bars. The maximum fine is $2,000. These penalties increase by a year of incarceration and $1,000 in fines when a child is present in the vehicle.

For a DWI conviction, you could spend up to a year behind bars and face $500 in fines. This becomes two years in prison and a $2,000 fine if there was a child present.

Third or Subsequent Offense

The most severe penalties are reserved for third or subsequent convictions. It carries up to five years behind bars and a maximum fine of $5,000.

License Suspensions

Following a DWI and/or DUI arrest, you may face jail time and fines, as well as the risk of losing your driving privileges. Depending on your prior convictions and whether you agreed to submit to a BAC test, the Maryland MVA could suspend your license for between 9 and 18 months, approximately.

In addition to losing your license, you may also be required to participate in Maryland’s Ignition Interlock Program. After you get your license back, you may be forced to install a device that requires you to submit a breath test before the ignition will turn over.

Talk to a Maryland DUI Lawyer Right Away

While these charges are serious, you have the opportunity to fight back against a conviction. Having the right attorney by your side could make all the difference in your case. The right defensive strategy could be the difference between an acquittal and dismissal. Instead of pleading guilty or acting as your own attorney, your best interest is to let a Maryland DUI lawyer review the charges against you and advise you of your options. The team at Timothy A. Dachille and Associates can serve as your advocate while you face these allegations. Contact us today for a free consultation.