Maryland DUI Law

DUI vs DWI Maryland

There is a separate definition for alcohol related driving arrests in the state of Maryland where, driving under the influence of alcohol with a blood alcohol count of .08% and higher is counted as a DUI, while driving under the influence with a BAC level of .07% is counted as a DWI or driving while impaired. State Laws in Maryland require the immediate suspension of a driver’s license for the duration of 45 days, applicable ONLY to .08 BAC, with additional reprimand for those exceeding a .08% reading. To qualify as a first time offense in the state, you must have no previous DUI/OUI/DWI record in any region in the United States for the last ten years.

What Happens with First Time DUI in Maryland?

There is no minimum sentencing requirement for first time offenders convicted of a DUI or DWI, but with a maximum jail time of two months and a fine of $500 for first time offenders. Within the first 10 days upon arrest, a hearing with the Office of Administrative Hearings is enacted, in reference to the DUI/DWI license suspension. If the offender does not get in touch with the Hearings Office within 10 days, their license is automatically suspended.

Sentencing drastically changes for DWI and DUI charges for offenders found to have higher than .08 BAC. The maximum jail time allotment becomes up to one year with a fine of $1000 and a sixty day license suspension for first time offenders. If it is your first time to be arrested for a DUI, you can bargain for probation, depending on the judge’s standing on DUI’s. The court will also want an alcohol evaluation and will require you to enroll in alcohol and driving rehabilitation schools, the more rural counties in the state of Maryland provide shorter jail terms with mandatory probation.

First time offenders who qualify for probation will be required by the court to install an alcohol ignition interlock at your expense, if you wish to reduce the license suspension period considerably. Attendance at an alcohol education program or driver improvement program as a conditional reinstatement of your driving privilege is also enforced.

DWI/DUI Penalties in Maryland

Statistics show that more than 20,000 drivers in Maryland are arrested for drunk driving every year. And for every one of those 20,000 people arrested for DWI, there is a drunk-driving defense law firm wanting to represent them in court. These law firms all make claims as to why you should hire them if you’ve been charged with DUI. For example, I often claim to stand by my clients.

When caught for drunk driving alone, the penalties may not be that stiff. They differ depending on many different factors, such as how many similar charges you may have on your record. However, the charges can get to be more harsh if you are also involved in an accident, and they go up even higher if someone else is killed in that accident.

These laws are not mandated by the federal government, but work on a state-by-state basis. According to Mothers Against Drunk Drivers, or MADD, the approximate sentence that one would get for a deadly DUI crash in Maryland ranges from zero to five years. This is an estimate, so sentences have been given out that do not fall into this range, but it still gives you a rough idea of what is expected. DWIs have evolved over the years as to how the Legislature dictates punishment and procedure. Alcohol and traffic tickets have become a front runner in Maryland political spotlight. The potential punishment of a conviction with a alcohol offense is enormous.

There are many factors that come into play in DUI/DWI cases. These factors can influence the outcome of a case, including the penalties. Since 1992, I’ve represented clients in Baltimore and throughout Maryland against all types of impaired-driving charges, including:

DUI in Maryland first offense

The majority of DUI/DWI cases involve first-time offenses, in which the driver made a mistake by getting behind the wheel. Unfortunately, the highly-charged nature of drunk driving law makes even first-time offenses a problem for those who want to keep their driving records clean and their insurance rates down.

Felony charges

Drivers with a history of DUI are more likely to be charged with a felony-level offense. Moreover, if an impaired driver causes a car accident involving injury or death, felony charges are almost certain to result. Significant jail time is a distinct possibility if you’ve been charged with a felony.

Driver’s license suspension

Almost all DUI/DWI cases threaten the loss – either temporary or permanent – of your privilege to drive. After an arrest for DUI, you have 10 days to request an MVA hearing to argue against the suspension of your driver’s license.

DUI involving drugs

The police are trained to suspect other causes of impaired driving other than alcohol. Driving under the influence of a drug like marijuana or prescription drugs can also result in charges with similar consequences.

DUI/DWI has become a relatively complex criminal traffic offense. Maryland lawmakers and the police aggressively target all forms of impaired driving involving alcohol and drugs, which means that DWI/DUI penalties in Maryland seem to get worse every year. In other words, DUI/DWI (first, second, or third offense) is as much a political issue as it is a traffic offense, and prosecutors take a hard line.

That doesn’t mean you can’t do something to protect yourself after you’ve made a mistake by getting behind the wheel after a few drinks. If you’ve been charged with DUI/DWI and are concerned about the penalties associated with DWI/DUI you’d like a free consultation, call.

Under 21 DUI Maryland

Minors can face a DUI charge if found to be with a .02% BAC or higher and is accorded a fine of $500. The penalties become grave if you cause serious bodily harm or death, in transport of another minor below 18 with a possible fine of up to $4000 and sentencing of up to four years.

MD DUI Vehicular Homicide

It’s not always clear exactly what led to a serious car accident in which someone has lost their life. Sometimes, accidents are simply accidents, but in every accident there will be someone looking to blame the other.

And if there is evidence that drinking and driving was involved, for instance, a prosecutor may seek to charge you with negligent homicide. The charges are serious, and if they stick, you face serious consequences, from the loss of your driver’s license to heavy fines and jail time.

If you caused an accident in which someone was killed, you could be charged with negligent vehicle homicide if you were doing any of the following:

  • Speeding
  • Reckless driving, like drag-racing
  • Distracted driving, like texting
  • Maryland drunk driving or drugged driving

The authorities take fatal accidents seriously. You certainly did not intend to harm anyone – and may even be surprised to face criminal charges – but you can even be charged with negligent vehicle homicide for falling asleep behind the wheel.

Drunk Driving Charges

DUI/DWI cases come in every shade of gray. It’s just like an attorney to say that, but it’s true. I’ve defended people who got into DUI trouble for the first time in their lives. And I’ve defended people with a history of impaired driving.

I’ve also defended drivers whose lives and cases depended on the level of their blood alcohol content when they were pulled over – whether it was just above or just below the legal limit.

In fact, it is because there is such a thing as a legal limit that not all DUI cases are created equal. Every driver accused of drunk driving deserves an aggressive legal defense, whether it’s getting the charges reduced in a plea bargain or taking the case all the way to trial.

Repeat Offenses for DUI Arrests

Sentencing drastically changes for DWI and DUI charges for offenders found to have higher than .08 BAC. The maximum jail time allotment becomes imminent where conviction for DUI has long-standing effects with governmental records and affects sentencing and fines for future DUI offenses. There are grave consequences for a DUI charge both criminally and administratively in the state of Maryland.

Since the State of Maryland practices a looking window the following will be taken into consideration before declaring the formal charge for your recent DUI arrest:

  • Outstanding conviction records pertaining to DUI arrests for a prescribed history
  • The arresting circumstances for previous arrests and conviction for DUI
  • Aggravating circumstances relative to previous arrest for DUI
  • The BAC level for each conviction as well as previously recommended sentencing.

Maryland assigns a bearing to prevalent conviction and arrest records with DUI; you will end up with higher penalties and extended incarceration if you are convicted of DUI multiple times. The punishment for repeat DUI offenders who cause community property damage and even worse accidents which lead to bodily harm and fatality will be subject to the highest form of prosecution claim.

Hire an experienced Maryland DUI Attorney

The most important aspect of your defense is hiring a law firm that has a deep understanding of the DUI laws that govern conviction, plea bargaining, appeal and sentencing for Maryland. For experienced Maryland DUI lawyers or drunken driving defense attorneys, go to the right Maryland DUI attorney that has a profound understanding of DUI laws in Maryland and gain a reliable drunk driving defense, the first consultation is completely confidential and will be free of charge.