http://duidrivinglaws.org/Maryland.php
http://www.mva.maryland.gov/resources/DL-002A
http://www.CharlesJeromeWare.com
Maryland Drunk Driving Fines & Penalties
How much do you have to drink (BAC*) for a DUI in Maryland?
| Under 21 | .02% |
| 21 or older | .08% |
| Commercial | .04% |
What if you refuse to take a chemical test in Maryland?
Maryland has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension.| 1st Offense | 2d Offense | 3rd Offense | |
| Refusal to take test | 120 day license suspension | 1 year license suspension | 1 year license suspension |
What is the minimum jail time?
| 1st Offense | 2d Offense | 3rd Offense | |
| Minimum Jail | No minimum jail term required | 5 days jail | 10 days jail |
Can you plead to a lesser offense than DUI in Maryland?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.First Maryland DUI / DWI
I. 1st Drunk Driving Conviction
First DUI
- Jail – Up to 1 Year
- Jail – Up to 2 Years (If Transporting Minor)
- License Suspension – 6 Months Minimum
- Fine - Up to $1,000
- Fine - Up to $2,000 (If Transporting Minor)
First DWI
- Jail – Up to 2 Months
- Jail – Up to 6 Months (If Transporting Minor)
- License Suspension – 6 Months Minimum
- Fine - Up to $500
- Fine - Up to $1,000 (If Transporting Minor)
Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.
www.CharlesJeromeWare.com
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death, criminal defense, personal injury, medical malpractice, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
II. Second Maryland DUI / DWI
2nd Drunk Driving Conviction
Second DUI
- Jail – Up to 2 Years
- Jail – Up to 3 Years (If Transporting Minor)
- License Suspension – 1 Year (If Within 5 Years of Previous)
- Ignition Interlock Program Possible (After 45 Days of Suspension)
- Fine - Up to $2,000
- Fine - Up to $3,000 (If Transporting Minor)
Second DWI
- Jail – Up to 1 Year
- License Suspension – 1 Year Minimum
- Fine - Up to $500
- Fine - Up to $2,000 (If Transporting Minor)
III. Third Maryland DUI
3rd (and future) Drunk Driving Conviction
- Jail – Up to 3 Years
- Jail – Up to 4 Years (If Transporting Minor)
- License Suspension – 18 Months Minimum
- Fine - Up to $3,000
- Fine - Up to $4,000 (If Transporting Minor)
Penalty Distinction Between a DWI or DUI in Maryland
The State of Maryland distinguishes between "Driving While Impaired" (DWI) and "Driving Under the Influence" (DUI). You will receive a DWI if your BAC is .07 percent and you will receive a DUI if your alcohol is .08 percent or above. The penalties are similar, however the DUI offense carries a harsher punishment.
Drinking and Driving Laws in Maryland
Maryland Drunk Driving and Wet Reckless Laws - Nolo.com
The State of Maryland prohibits driving under the influence of alcohol when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is a standard measurement used across the United States for the "impaired" adult driver. 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. Commercial drivers also face a lower BAC limit of .04 percent.
How many drinks does it take to reach the legal limit in Maryland?
It is difficult to guess how many drinks it will take to reach the .08 BAC limit. Each person has unique physical characteristics that factor into the BAC equation. Attributes such as weight, sex, number of drinks consumed over a given time, if you have eaten, all play into the BAC formula. You may want to try our BAC Calculator , however I wouldn't let any results encourage you to drink and drive.
The best answer is not to drink and drive . The State of Maryland has strict laws for drunk driving, and when you drink and drive in Maryland, you risk your freedom, finances and your future.
The first time you are convicted of a DUI in the State of Maryland you will face up to 1 year in jail and up to a $1,000 fine. If you were transporting a minor when you were arrested you could be sentenced up to 2 years in jail a pay up to a $2,000 fine. Your drivers license will also be suspended for a minimum of 45 days. Your first DWI conviction will cost you up to 2 months in jail and a $500 fine. In addition, your drivers license could be suspended 60 days.
The second time you are convicted of a DUI, you could be sentenced up to 2 years in jail and fined up to $2,000. If you were transporting a minor when you were arrested you could be sentenced up to 3 years in jail a pay up to a $3,000 fine. Your drivers license will also be suspended for a minimum of 1 year. For your second DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.
The 3rd time you receive a DUI in the State of Maryland you will face up to 3 years imprisonment. Your fine will be up to $3,000 and if you were transporting a minor at the time of your arrest you could face up to 4 years in prison and up to a $4,000 fine. Your drivers license will be suspended for a minimum of 18 months. For your third DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.
Drunk Driving Laws in Maryland
State of Maryland BAC Laws:
- All drivers with a BAC of .08 or higher. (DUI)
- All drivers with a BAC of .07 (DWI)
- Under 21 with a BAC of .02 or higher.
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Maryland
The implied consent law in Maryland means that as a driver in the State of Maryland you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test your drivers license could be suspended for 120 days for the first refusal, and an automatic 1 year suspension for your second refusal to submit to a chemical test.
Other Maryland Information on this Website
The national medical malpractice, wrongful death and serious injury law firm of Charles Jerome Ware P.A., Attorneys and Counsellors, is regarded as a leader in the areas of automobile death, criminal defense, personal injury, medical malpractice, survivorship, and wrongful death actions in the mid-Atlantic region --- including Maryland, Washington, D.C., Pennsylvania, Delaware, New Jersey and Virginia.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is a premier Civil litigation and Criminal Defense firm headquartered in Maryland and Washington, D.C. We are: "Still working. Still committed. Still here to make a difference."
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