DWI/DUI - Drunk Driving Laws And Attorneys In Maryland
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DWI/DUI - Drunk Driving Laws And Penalties In Maryland
Maryland law forbids driving while impaired by alcohol or other drugs.
The alcohol concentration for DUI is set at .07 in the state of Maryland. A
person involved in an impaired driving case will be facing two separate
proceedings, an administration hearing (MVA) and a criminal court case.
The State of Maryland has a zero tolerance for alcohol for drivers under
the age of 21. If a driver under the age of 21 is found to have a .02
percent BAC or above their license could be suspended or revoked and
be fined up to $500.
Maryland Law Says
1) A person may not drive while under the influence of alcohol.
2) A person may not drive while under the influence of alcohol per se.
3) A person may not drive while impaired by alcohol.
4) A person may not drive while impaired by any drugs or drugs and
5) A person may not drive while impaired by a controlled dangerous
6) A person under 21 may not drive with alcohol in their blood.
7) A person with an alcohol restriction on their license may not drive with
alcohol in their blood.
8) A person may not drive, operate, or be in physical control of a
commercial motor vehicle with alcohol in their blood.
Implied Consent Law
You are deemed to have consented to chemical testing, should you be
stopped on suspicion of driving under the influence, driving while
impaired, or driving while impaired by drugs and/or alcohol, by virtue of
driving, or attempting to drive on the roadway.
Test Refusal - A test refusal is admissible as evidence at trial.
A refusal to take the breath test in Maryland may result in a 120 day
drivers license suspension for the first offense and one year for the
second or more offenses.
Compulsory Testing - If a person is involved in a motor vehicle crash
that results in the death or life threatening injury to another person, then
that person shall be, if requested by a law enforcement officer who has
reasonable grounds to believe that alcohol was involved, required to
submit to a chemical test.
Driving Privilege May Be Revoked for Not Less than Six Months.
In cases of a second revocation, the driving privilege may be revoked
for not less than one year. In cases of a third revocation, the driving
privilege may be revoked for not less than 18 months. In cases of a
fourth or subsequent revocation, the driving privilege may be
revoked for not less than 2 years.
1) Penalties For BAC Test Results of 0.08 or greater (Driving While
Under the Influence)
Points = 12 points
Fine up to $1,000 and/or up to 1 year in jail. While transporting a minor,
up to two years imprisonment and/or not more than $2,000 fine.
Fine up to $2,000 and/or up to 2 years in jail. While transporting a
minor, up to three years imprisonment and/or not more than $3,000 fine.
A conviction for driving while intoxicated within three years after a prior
conviction is also subject to a mandatory minimum penalty of
imprisonment for not less than 48 consecutive hours, or community
service for not less than 80 hours.
Third or subsequent convictions: Up to three years imprisonment
and/or not more than $3,000 fine. While transporting a minor,
up to four years imprisonment and/or not more than $4,000 fine.
2) Penalties For BAC Test Results of 0.07 or greater(Driving While
Points = 8 points
Fine up to $500 and/or up to 2 months in jail. While transporting a
minor, up to 6 months imprisonment and/or not more than $1,000 fine.
Second Or More Offenses - DWI within 3 years of a previous impaired
a) For alcohol and/or drugs, a suspension for not more than 6 months
for the first offense, for a second conviction within 5 years or a third
conviction, a suspension for not more than 9 months. For a fourth or
subsequent conviction, a suspension for not more than 24 months. For
controlled dangerous substance, a revocation for not less than 6
b) Fine up to $500 and/or 1 year in jail. While transporting a minor, up to
one-year imprisonment and/or not more than $2,000 fine.
Commercial Vehicle Operators
Commercial drivers face a lower BAC limit of .04 percent.
A person who drives, operates, or is in physical control of a commercial
motor vehicle while having alcohol in their system and refuses a
chemical test shall be placed out of service for 24 hours following the
test refusal. A test refusal shall disqualify the person’s commercial
driver’s license for a period of 1 year for the first offense, 3 years if the
person was transporting hazardous materials. MVA shall disqualify
someone from driving a commercial vehicle if they have been convicted
of impaired driving.
Ignition Interlock Device
Any individual who qualifies to participate in the MVA’s ignition
interlock program may have their suspension or revocation action
Driving Under Suspension
No one may drive a motor vehicle on any highway in the state of Maryland
while the privilege to drive is suspended, revoked, refused or cancelled
in this state or any other jurisdiction. If the privilege to drive is
suspended, revoked, refused or cancelled in Maryland, a person may
not drive a motor vehicle on any highway in the state of Maryland even
with a valid drivers license issued by another jurisdiction.
Reinstatement Of Drivers License
There is a fee charged when the reinstatement application is filed.
Besides the investigation, the reinstatement process includes
attendance at a driver improvement program, or an alcohol education
program, at the applicant’s expense. If the request for reinstatement
is approved by the MVA, the individual must pay an additional fee if
this is a second or more revocation. The individual then is required
to successfully complete the vision screening, knowledge and driving
tests and pay the appropriate licensing fee when the new driver’s
license is issued.
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