Although drivers don’t intend to harm others when they get behind the wheel after consuming alcohol, one person in Maryland is killed almost every day by a drunk driver. This is why DUI laws have become stricter over the years.
For all DUI charges, even first offenses, your Maryland driver’s license will be suspended or revoked. Read on to learn more about the driving penalties you will receive when you are charged with a DUI in our state.
Administrative Penalties for DUI in Maryland
When you are pulled over and charged with DUI, the law enforcement officer may present you with an order of suspension, which acts as a 45-day temporary license, and you will be prohibited from driving for the following 12 hours. Once your case is heard, you will be dealt your punishment. Maryland DUI penalties are separated into two categories: criminal and administrative. The latter is assessed by the Motor Vehicle Association and include the following:
- Driver’s License Revocation/Suspension
- 1st DUI offense: 6 months
- 2nd DUI offense: 12 months
- 3rd offense: 18 months
- Points Against Driving Record
- 1st, 2nd, and 3rd DUI offenses: 12 points (instant revocation)
- Ignition Interlock Device
- 1st DUI offense: 6 months
- 2nd DUI offense: 1 year
- 3rd offense: 3 years
The combination of administrative penalties you receive largely depends on the details related to your DUI charge. Was there a minor in the vehicle when the DUI occurred? Were you under the legal drinking age in Maryland? What were the results of your breathalyzer test? Was anyone harmed as a result of you driving under the influence of alcohol? These specifics will be factors in the MVA’s assessment of points, suspension time, and the IID.
Implied Consent and Breathalyzer Testing
When you apply for and receive your Maryland driver’s license, you imply consent to be breath-tested to confirm your blood alcohol content level (BAC) under suspicion of DUI. The driver’s license penalties that can be assessed regarding your response to or the results of the test are:
Failed Test: A BAC of .08% or higher || 180-day license suspension
High BAC: A BAC of .15% or higher || 180-day license suspension for first offense, 270-day suspension for subsequent offenses
Refused Test: A refusal to take the breathalyzer test || 270-day suspension, and 2-year suspension for those who have prior violations
Fighting Your License Suspension for DUI
You have the legal right to contest your implied consent suspension, and can do so by:
- Requesting an administrative hearing about the suspension within 30 days of being stopped for DUI.
- Getting legal assistance from your local and trusted Maryland DUI attorney.
Your DUI Defense Lawyer in Maryland
The Law Office of Ross W. Albers provides expert legal defense for cases of driving under the influence in Maryland. Our professional attorneys always have our clients’ best interest in mind and do all we can to reduce penalties and ensure just treatment. Contact us to schedule your free consultation for DUI defense services today!