Criminal Penalties For DUI and DUI In Maryland
When you are charged with driving under the influence of drugs or alcohol in Maryland two legal actions have been started: Administrative Action and a Criminal Action. Under Maryland law, it is a administrative violation and a crime to drive while under the influence of alcohol or drugs. Therefore, in Maryland, you can be sanctioned in two ways for driving under the influence of alcohol or drugs: administrative penalties and criminal penalties.
An administrative penalty deals strictly with your license or your privilege to drive on Maryland roads, and involves no jail time or monetary fines. The sanctions are points, suspensions or revocation of your license. The Maryland administrative agency that issues your driver’s license and privilege to drive in Maryland is the Maryland Motor Vehicle Administration. Time is of the essence concerning the administrative process. If you are a Maryland licensed driver and if you do not request a hearing within 10 days of having your license confiscated by the officer, the MVA will suspend your driver’s license on the 46th day.
A criminal penalty, on the other hand, may result in jail time and fines. You can expect to be subject to both types of penalties if you are convicted of drunk driving in Maryland.
Maryland law recognizes three general categories of drunk driving: DUI (Driving Under the Influence), DUI Per Se and DWI (Driving While Impaired). The difference between these charges often comes down to blood alcohol content legal limits. All three are very serious offenses, and none of them should be taken lightly.
If you are charged with Driving Under the Influence of Alcohol or Driving Under the Influence of Alcohol Per Se, you will face a maximum penalty of 1 year and a $1000 fine for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. Maryland Transportation Article §21-902(a)i
Driving Under the Influence means that while you were operating a motor vehicle, the alcohol in your system substantially impaired your normal coordination and could be proven without a breathalyzer or blood test.
Driving Under the Influence Per Se means that you were operating a motor vehicle, that you soon after submitted to a breathalyzer or blood test, and that your blood alcohol level (B.A.C.) was .08 or higher. Maryland Transportation Article §21-902(a)ii
Driving While Impaired (DWI) means that while you were operating a motor vehicle, the alcohol in your system impaired your normal coordination in some way. If you are charged with Driving While Impaired by Alcohol the maximum penalty is 60 days and $500 for a first offense and 1 year and $500 for a subsequent offense. Source: Maryland Transportation Article §21-902(b)ii
Read our article on the difference between DUI and DWI in Maryland for more details about these distinctions.
Attorney Jonathan Y. Newotn is experienced arguing these types of cases in court and will fight to preserve your rights. If you have been charged with a drunk driving offense and are worried about the penalties for DWI and DUI in Maryland, contact our office at 301-818-1529. Your initial consultation is free of charge.