Here’s a fact: almost one-third of all traffic fatalities in the U.S. involve alcohol. Before new laws went into effect in the state of Maryland, DUI penalties were relatively mild compared to the rest of the nation. Now, offenders face license suspension for up to a year, harsher fines – and even jail time if one furnishes alcohol to a minor.

Drivers under the age of twenty-one who are charged with DUI also face possession charges.

The Legal System In Maryland

Under Maryland state law, DUI cases are handled by county courts under a two-tier system. If the offender had a blood alcohol content (BAC) level of less than .08, it is considered an “A” offense. If you are charged with DUI, you have the right to what is known as an administrative per se (APS) before an Administrative Law Judge (ALJ). This judge has a fair amount of discretion when if comes to suspension of driving privileges; s/he can dismiss the suspension altogether, or make exceptions for driving to a place of employment.

The second tier involves a BAC level of over .08. This is actually called “driving while intoxicated” (DWI), and is classified as a “B” offense.

If it is your first offense within a ten-year period, you may be eligible for what is known as probation before judgment (PBJ). If you agree to a year of probation and attend an alcohol abuse education and rehabilitation program, your record will be cleared.

Refusal to Take a Blood Alcohol Test

You have the right to refuse a blood alcohol test, but if you do refuse, you may lose your driving privileges for four months – or up to a year if it your second offense within ten years. In addition, you may face criminal penalties if someone was injured as well as substantial fines if a minor was in the vehicle at the time you were stopped.

Again however, this may be appealed before an Administrative Law Judge, who may modify the suspension, allowing the offender to drive to work, school or alcohol treatment on the condition that an “alcohol interlock” – a device that requires the driver to blow into a breath analyzer before an automotive engine can be started – is installed in the vehicle.

Penalties

If you are convicted of either DUI or DWI, new laws provide for fines of up to $3000 and jail sentences of up to three years in addition to loss of driving privileges. Much of this depends on the circumstances surrounding the offense. Second and third offenses as well as those involving a minor, carry larger fines and longer sentences.

The bottom line for drivers? Make sure you consult a Maryland DUI Lawyer if you are charged with a DUI/DWI offense.

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

Maryland Criminal Penalties

Source: National Highway Traffic Safety Administration