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Jan212011

Maryland Criminal Drunk Driving Penalties

 

 

1st Maryland DUI Offense
Minimum driver's license suspension of 45 days.
$1,000 fine.
Up to 1 year in jail.
Completion of impaired driver intervention program.
May require submission to random urinalysis.
Failing treatment recommendations shall be considered contempt of court carrying a minimum of 14 days in jail.
Community service may be partial trade for jail time.
 
2nd Offense
Any or all of the above.
$2,000 in fines.
2 years in jail.
DUI conviction is worth 12 points on a Maryland Driver's License record.
Completion of impaired driver intervention program.
 
3rd or Subsequent Offense
Any or all of the above.
3 years maximum in jail.
Mandatory Minimum 10 days in jail if within 5 years of prior conviction.
$3,000 fine.
Completion of impaired driver intervention program.
 
DUI with Minor in Vehicle
1st offense:
2 years maximum jail time.
$2,000 fine.
2nd offense:
3 years maximum jail time.
5 days minimum if within 5 years of prior conviction.
$3,000 fine.
3rd offense:
4 years maximum jail time.
10 days minimum if within 5 years of prior conviction.
$4,000 fine.
 
1st Maryland DWI Offense
Up to 60 days drivers license suspension.
$500 fine.
Up to 2 months in jail.
Completion of impaired driver intervention program.
8 points on Maryland driver's license record.
 
2nd DWI Offense 
$500 fine.
1 year in jail, 37 days mandatory.
1 year minimum driver’s license suspension.
Vehicles owned or registered to offender may be impounded or immobilized during the period of license suspension.
Ignition interlock device may be installed on all offender’s vehicles during suspension. (Vehicles will not start if IID detects and alcohol on breath,
Mandatory assessment of alcohol abuse and appropriate treatment.
 
3rd DWI Offense
5 year suspension of driver’s license.
Mandatory180 days in jail.
28 days residential substance abuse treatment program.
Possible impound of vehicles.
Completion of impaired driver intervention program.
The Maryland State Attorney General may file habitual offender papers for enhanced penalties including:
Mandatory jail terms.
Lengthier alcohol education program.
Mandatory ignition interlock device.
 
4th DWI Offense
Any and all the above.
Driver's license shall be revoked indefinitely.
 
Driving While Impaired by Drugs
Defined as controlled substances, prescription or non-prescription drugs.
1st Offense:
1 year in jail, maximum.
$1,000 fine.
 
2nd Offense:
2 years in jail, maximum.
5 days if within 5 years of prior conviction, minimum jail sentence.
$2,000 fine
 
Subsequent Offenses:
3 years maximum jail time.
10 days minimum jail time if within 5 years of prior conviction.
$3,000 fine.
 
Refusal of BAC Test
 
1st refusal:
120-day driver's license suspension, plus the refusal may admissible as “consciousness of guilt.”
 
2nd refusal:
1 year suspension.
 
DWI with Minor in Vehicle
 
1st offense:
6 months maximum jail.
$1,000 fine.
 
2nd offense:
1 year maximum jail.
$2,000 fine.
 
What About Punishments for Multiple Maryland Offenses?
Any time you face multiple or ‘aggravated’ Maryland DWI charges, or if death, injuries or sizeable property damage occurs, the fallout for a Maryland DUI will get very heavy, including thousands of dollars in fines, mandatory years of imprisonment, massive restitution and of loss of driver’s license for years, if not permanently. We strongly recommend retaining an experienced Maryland DWI attorney in order to secure the best possible outcome of a potentially severe situation.
 
 
- Maryland Motor Vehicles Administration Penalties -
1st offense 1 year driver’s license suspension.
Ignition interlock device for a period between 3 to12 months on any offender’s vehicles.
Alcohol assessment treatment if deemed appropriate.
Restricted license available for work, education and treatment.
2 years restriction on using alcohol or drugs.
2 alcohol related convictions within 2 years subject to 3 years alcohol abstinence.
 
Underage DUI
BAC limit of .02% (zero tolerance laws).
1st Offense:
$500. fine, 45 days license suspension.
2nd Offense:
$500 to $1,000. in fines,
90 day license suspension.
Total loss of driving privileges for subsequent offenses.
Transporting a minor (under 18) while DUI, fines of up to $4,000 and up to 4 years in prison.
SR – 22, high risk insurance required.
Possible seizure of car when any drugs on any person are found in vehicle.
 
Using a Fake ID
Up to $2,000. in fines.
Suspension of driver’s license.
Supervised work or treatment programs.
Federal penalties of up to $25,000 in fines and 15 years imprisonment.
 
Underage DUI/Refusal of BAC Test
Refusal penalties are the same as an adult.
 
Commercial Driver’s License
1st offense: license suspension for 1 year.
Eligible for basic license after waiting period.
2nd offense lifetime disqualification.
 
– Citations –
 
§ 21-902. DUI
§ 5-101 Controlled substances.             
[An. Code 1957, art. 661/2, § 11-902; 1977, ch. 14, § 2; 1980, ch. 144; 1981, ch. 242; 1988, ch. 562; 1993, ch. 308;
1995, ch. 498; 1996, ch. 652, § 2; 1997, ch. 451; 1999, ch. 347; 2001, chs. 4, 5, 483; 2002, ch. 213, § 6; 2003, chs. 243,
244, 246; 2004, ch. 335; 2005, chs. 482, 495, 496.] 
Maryland Law 16-205.2. (PTB) test.              
MVA
Driver Wellness and Safety Division
6601 Ritchie Highway
Glen Burnie, MD 21062