Laws For DWI DUI In Maryland

Thu, 15 Oct 2009 20:05:29 +0000

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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Laws For DWI DUI In Maryland