HOWARD COUNTY MARYLAND DUI AND DWI LAWS AND PENALTIES: DEFENSE PRIMER 101

The drinking and driving laws in Maryland are complex and complicated, and becoming even more so every year.  If at all possible, do not attempt to self-represent in this serious legal process.
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.

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.  In many years as a DUI defense attorney, I have come to believe the females are at a disadvantage in blood alcohol level testing.

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.  You should not drink and drive in Maryland.
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 or even up to 90 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.

Question: Can I get a DUI if I was under 0.08 BAC?

When a driver's blood alcohol content (BAC) is .08% or higher in Maryland, the charge is driving under the influence (DUI). However, if the driver's BAC is between .04% and .08%, the driver can still be charged with driving while impaired (DWI). Often this charge is made when there are additional factors such as property damage or bodily injury. The penalties for a DWI are less severe, however the driver may still be sentenced to jail time (up to 60 days), license suspension, fines ($500) and receive points on the driver's driving record (8 points for a DWI vs. 12 points for a DUI). Because a DWI involves a driver who was below the legal limit, a lawyer may have an easier time arranging a favorable plea bargain.

Question: 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.
[And see, other DUI and DWI Blogs of Maryland "BEST 10 DUI AND DWI Attorney" Charles Jerome Ware; Drinking and Driving Laws in Maryland, Rich Stim, Esq., http://dui.dirvinglaws.org/maryland.php]
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed. Business and Trial Attorneys.

Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.

Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.