Maryland drinking and driving arrests are most commonly known as DUI (driving under the influence) or DWI (driving while impaired).
You can be prosecuted for Maryland DUI either because you were allegedly:
- Substantially impaired as a result of consumption of alcohol OR
- By violating Maryland’s per se law. You are in violation of Maryland’s per se law if you are operating a motor vehicle with a blood alcohol level (BAC) of .08% or more. Even if your blood alcohol level is .07%, you can be charged with a DUI/DWI.
The consequences of being charged and convicted of a Maryland DUI include:
- A minimum driver's license suspension of 45 days.
- The punishment increases as you rack up charges:
First DUI Offense: up to $1,000 in fines and one year in jail.
Second DUI Offense: up to $2,000 in fines and two years in jail.
- A Maryland DUI conviction will result in 12 points on your Maryland Driver's License record.
Please note that even though the Maryland DWI (driving while impaired) offense is a less serious charge, the consequences remain harsh, including:
- A minimum driver's license suspension of 45 days,
- 8 points on your Maryland Driver's License record,
- First DWI Offense: up to $500 in fines and two months in jail
- Second DWI Offense: up to $500 in fines and one year in jail
Please note that even though you have the right to refuse to take a breathalyzer test, doing so may result in a 120-day driver's license suspension. Further, the refusal may be admissible in court against those accused of violating Maryland DUI or DWI laws. Accordingly, if you do refuse to take the breathalyzer test, you must request an MVA hearing within 10 days after your arrest. You will have the opportunity through the attorney representing you to confront the arresting officer and make your case.
If you are out of state and arrested on DUI or DWI charges, you still have to attend Maryland MVA Hearing to protect your driving privileges. Please note that Maryland is a member of the Interstate Driver's License Compact, which shares information about DUI convictions and driver's license actions with other member states. There are 45 states that belong to this compact.
Maryland Judges, both in Circuit and District Court, in recent years have been very severe on punishment for drunk driving convictions. Because of the recent increase drunk driving deaths, the trend across the State of Maryland is to increase the severity of the penalties, even on a first offense.
For additional information on DUI, DWI, and the effects of alcohol, please avail yourself of the following links:
DUI/DWI Laws