Penalties for DUI and DWI in Maryland
Years of Jail Time
One of the most frightening penalties for a DUI/DWI is jail time. For a 1st DUI offense, you may face up to a year in jail for a DUI and up to two months for a DWI. On a 2nd offense, you may face up to two years for a DUI and one year for a DWI. Subsequent offenses may result in up to three years of jail time for either a DUI or a DWI.
Fines that Hit Where it Hurts
Financial penalties often accompany a DUI or DWI offense. For a 1st offense, you may face fines up to $1,000 for a DUI and $500 for a DWI. After a 2nd offense, you could face up to $2,000 for a DUI, though the fine for a DWI is still $500. Third offenses and beyond could mean fines up to $3000 for both DUIs and DWIs.
A Suspension of Your License
Many, if not most, Americans need their license to get to work, handle small tasks, and to enjoy a meaningful quality of life. However, a license is not a right; it’s a privilege. If you are convicted of a DUI or a DWI, you may face having your license suspended for anywhere from 6 months to 2 years depending on your case.
License suspension will also come into play if you refuse to take a chemical test due to the implied consent laws in Maryland. For your first offense, you can face a 270-day suspension of your license if you refuse a breathalyzer test. For your second offense and subsequent refusals, your license will be suspended for 2 years.
Following your arrest, you will need to seek a hearing with the MVA to dispute the suspension or revocation of your license.
An Ignition Interlock System
An ignition interlock device (IID) is a breathalyzer that is integrated into your vehicle’s ignition system. They are required to be installed after a DUI conviction in the State of Maryland, even for first-time offenders. Though the IID program was only required for offenders with multiple DUIs in the past, Noah’s Law has expanded the program.
If you are required to invest in an IID, you will have to pay not only to have it installed, but to maintain it, and then have it removed from your vehicle when the time comes.
DUI Administrative Penalties
- First offense: 12 points added to driving record, license revoked for up to six months
- Second offense: 12 points added to driving record, license revoked for up to one year
- Two convictions within five years: required participation in the Ignition Interlock Program
DWI Administrative Penalties
- First offense: 8 points added to driving record, license suspended for up to six months
- Second offense: 8 points added to driving record, license suspended for up to one year
Penalties for DUI/DWI are significantly higher for drivers who:
- Are under 21 years of age at the time of the offense
- Already have two or more DWI convictions
- Are transporting a minor at the time of the offense
What Constitutes a DUI Vs. a DWI in Maryland?
The penalties for a DUI are much heftier than the penalties for a DWI. The difference is in your BAC levels. You will be charged with a DUI when you test for a BAC of .08 or higher. For a DWI, your test will come in between .04% and .08%.
For drivers under the age of 21, you can be charged with a BAC of .02% or higher. The state of Maryland has a zero-tolerance policy for underage drinking and driving, so even one drink can lead to serious consequences.
The situation is similar for drivers of commercial vehicles. If you are in operation of a commercial vehicle at the time of your arrest, your BAC can be no higher than .04% or you will face DUI charges.
Stages of a Maryland DUI Case
The DUI Arrest
The first thing that will happen in a DUI case is your actual arrest. An officer of the law might pull you over for reckless driving, speeding, or another moving violation based on their observations of your driving. They may also pull you over for a broken taillight or another minor violation.
After being pulled over, if the police officer suspects you are driving under the influence, they may ask you to step out of the car and perform field sobriety tests. They may also ask you to blow into a breathalyzer to determine your current blood alcohol content or BAC.
If they feel they have sufficient reason to believe you are driving under the influence, then they will arrest you.
After your arrest, you’ll be taken to the booking station, where the police will gather information about you. They will also take a look at any previous criminal charges, take your fingerprints, and a photo. While within the police’s custody, you have a right to speak with a lawyer concerning your rights and your case.
Charges & Arraignment
During your detention, you will be informed of the crime you are being charged with along with the amount of your bail, if there is one. During the arraignment, you will either plead “guilty” or “not guilty” to the charges brought against you.
If you plead guilty, the judge will determine your punishment, and you will have to deal with whatever happens. However, if you’ve spoken with a qualified DUI lawyer in Maryland, then your lawyer may have you plead not guilty instead so that the case can be taken to trial.
The DUI Trial
The first step to preparing for a Maryland DUI trial is going to be the preliminary hearing. At this hearing, the judge will determine whether or not the evidence brought before them is sufficient. Witnesses and the work of your DUI attorney will prove essential in this step.
The judge will then determine whether to bring the case before a jury or to dismiss it altogether. If dismissed, the case is over and you can move on with your life. If not, you’ll proceed to trial.
During the trial, your lawyer will defend you while the prosecution tries to prove that you were intoxicated behind the wheel of your car. The jury will then deliberate and decide your fate. If you are found not guilty, then you can go home and the process is over. If you’re found guilty, the judge will sentence you according to the nature of your crime and the severity of its circumstances.
Albers & Associates is Here to Defend Your DUI/DWI Case
Finding legal representation should be your first course of action following a DUI or DWI charge in Maryland.
Albers & Associates is your best bet if you’re looking to lower the severity of or avoid certain penalties that are assessed upon your conviction. Our firm represents clients in DWI/DUI cases throughout the state. We are seasoned in DUI defense strategies and work alongside you to ensure the best possible outcome for your case.
Our Maryland DUI lawyers can assist with DUI charges anywhere in the state, including:
Hear From Past Clients About Working With Albers & Associates
- "I would happily recommend Mr. Albers’ services to anyone who would need legal representation." - John
- "My entire experience with the office has been fantastic!!" - Athena
- "Very professional and friendly. Willing to go above and beyond." - Amanda
- "Very responsive, and explained everything as we went along" - Deb
If you have been arrested for DUI or DWI, don't wait to contact our Maryland DUI attorneys at Albers & Associates. Call us today at (443) 665-8030 or send us a message online to get started on your defense.
