Maryland has a two-tier system for impaired driving offenses. Cases are prosecuted and adjudicated at the county level. Practices vary substantially by county and sometimes by individual judges and prosecutors within a county.
The 2 tiers are:
1. Driving under the influence (DUI)
(BAC ≥.08; called “A” offenses)
Maryland has administrative per se with license suspension for BAC ≥.08. Offenders have the right to a hearing before an Administrative Law Judge (ALJ). The ALJ can dismiss the suspension or can modify the suspension to allow driving to work, school, alcohol treatment, or other purposes.
2. Driving while impaired (DWI)
(BAC <.08; called “B” offenses).
Maryland allows Probation Before Judgment (PBJ), under which offenders may be given one year of probation with alcohol education; upon successful completion the driver’s record is cleared so there is no record of a prior alcohol offense.
Test refusal results in administrative license suspension for 120 days for first-time offenders and 1 year for repeat offenders, which again can be appealed to an ALJ. Driving to work or other purposes may be allowed under the condition that the driver uses an alcohol interlock. Test refusal suspensions are in addition to any criminal penalties that may be applied.
Penalties increase for repeat offenders (defined as a second or subsequent offense within 5 years) and for drivers transporting a minor. Penalties are not increased for drivers with high BAC levels — Maryland does not have a high-BAC aggravated DWI law.
The tables below summarize the penalties involved. The only “mandatory” minimum penalty is 5 days in jail or 30 days community service for a second “A” offense within 5 years.
Maryland Administrative Driver’s License Sanctions
| Blood Alcohol Level |
First Offense
|
Second Offense
|
Third Offense
|
|---|---|---|---|
| Refusal to submit to a blood, breath or urine test | 120 days or 1 year interlock | 1 year | 1 year |
| Test results under .08 (B) | None | None | None |
| Test results of .08 or higher (A) | 45 days; may get modification for work, etc. | 90 days; may get modification for work, etc. | 90 days; may get modification for work, etc. |
Maryland Criminal Penalties
| Type of Penalty |
First Offense
|
Second Offense
|
Third Offense
|
|---|---|---|---|
| Fine | Under .08(B) – $500.08 or over(A)-$1,000 | Under .08(B) – $500.08 or over(A) – $2,000 | Under .08(B) – $500.08 or over(A)-$2,000 |
| Jail | Under .08(B)-60 days.08 or over(A)-1 year | Under .08(B)- 1 year (5 days and, if within 5 years of first, or community service).08 or over(A) – 2 years | Under .08(B)- 1 year.08 or over(A) (10 days mand. If within 5 years or community service) 3 years |
| Drivers License Suspension | Under .08(B) 60 days suspension.08 or over(A) 6-month revocation | Under .08(B) – 120 days suspension.08 or over(A) 1-year revocation | Under .08(B) 120 days suspension.08 or over(A) 1-year revocation |
| Probation Before Judgment | Yes | No | No |
| Community Service | None | 30 days in lieu of jail | 60 days in lieu of jail |
Source: National Highway Traffic Safety Administration
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