Driving Under the Influence in Maryland
Maryland distinguishes between two types of intoxicated driving charges:
- Driving under the influence (DUI) – driving or attempting to drive while impaired to a substantial extent by alcohol or drugs or while possessing a blood alcohol concentration (BAC) of .08% or more
- Driving while impaired (DWI) – the driver’s coordination on the road was impaired to some extent by alcohol or drugs
Note that the level of impairment the prosecution needs to prove is much lower for DWI charges than for DUI.
If convicted, a driver will be penalized depending on the type of charge and whether they have prior convictions within the past 5 years. DUIs are punishable by the following:
- 1st offense – up to 1 year in jail; up to $1,000 in fines; up to 6 months of license suspension
- 2nd offense – up to 2 years in jail; up to $2,000 in fines; up to 9 months of license suspension
- 3rd offense – up to 5 years in jail; up to $5,000 in fines; up to 12 months of license suspension
DWIs are punishable according to the following:
- 1st offense – up to 2 months in jail; up to $500 in fines; up to 6 months of license suspension
- 2nd offense – up to 1 year in jail; up to $500 in fines; up to 9 months of license suspension
- 3rd offense – up to 5 years in jail; up to $5,000 in fines; up to 12 months of license suspension
The penalties for DUIs and DWIs increase if there was a minor passenger (under 18 years old) in the car at the time of the offense.
Keep in mind that Maryland also implements an “implied consent” law that presumes all drivers have impliedly consented to a test of their breath or blood if law enforcement has reason to believe the driver is operating under the influence. If the driver fails the test (has a BAC of .08% or more), they will face 180 days of license suspension for a first offense and 270 days for subsequent failure. If they refuse to take a test, they will face 270 days of license suspension for a first offense and 2 years for subsequent refusals. Drivers have the right to contest an implied consent suspension, however, by requesting a hearing within 10 days of the notice of suspension.
Traffic-Related Charges
Another common category of charges drivers may face is traffic violations. Depending on the severity of the traffic violation, a convicted driver may incur a traffic ticket or criminal charges, which can carry fines, possible jail time, and points on their driver’s license.
Be aware that accumulating a certain amount of points within a 2-year period could result in the following consequences:
- 3-4 points – a warning letter from the Motor Vehicle Administration (MVA)
- 5-7 points – required enrollment in a Driver Improvement Program (DIP)
- 8-11 points – a notice of license suspension from the MVA
- 12+ points – a notice of license revocation from the MVA
Each traffic offense has different point values.
Some examples of traffic violations and their respective point values are:
- Driving on a suspended license – 3 points
- DUI – 12 points
- Reckless driving – 6 points
- Speeding – 1-5 points, depending on how much faster than the posted limit
- Failure to stop at a red light – 2 points
- Driving without proof of insurance – 5 points
- Failure to stop for a school bus – 2 points
- Failure to yield – 1 point
Points incurred will stay on a driver’s record permanently unless they are expunged by the MVA. However, they will not be considered “current” points in the context of prior offenses if 2 years have elapsed since the date of the violation.
Contact the Law Office of Justin A. Wallace Today
If you are facing criminal charges in Maryland, whether for DUI or traffic violations, reach out to the Law Office of Justin A. Wallace for legal support. The firm will strategize an effective defense against your charges and provide personalized attention to the resolution of your case. Working with a small firm means getting the advantage of individualized legal assistance so you can feel supported every step of the way. The criminal justice system can be confusing and intimidating to navigate, but the Law Office of Justin A. Wallace will make the process feel as smooth and efficient as possible.
Schedule a free initial consultation with the firm today to discuss your legal options in more detail.