Maryland’s DUI Criminal Penalties
Maryland’s DUI penalties range from mandatory classes to jail time, and the severity of your case and many factors come into play for the court when deciding potential DUI penalties. Generally speaking the blood alcohol content and whether it is a repeat offense will have the most bearing on the severity of your punishments. If you are arrested for a DUI or DWI in Maryland, the most important thing you can do for yourself and for your family is contact an experienced DUI attorney.
If you have been charged with driving under the influence of alcohol and/or driving while impaired by alcohol, then the State’s Attorney’s Office must prove:
1. That you drove, operated, or were in actual physical control of a vehicle
2. That, at the time, you were either under the influence of alcohol or impaired.
The Difference Between a Maryland DUI and DWI
DUI, or driving under the influence of alcohol, is the more severe crime. It requires that the alcohol you consumed has substantially impaired your normal coordination.
First Offense: 1 year and/or $1,000.00 fine (12 MVA points and 45-day suspension)
Second Offense: 2 years and/or $2,000.00 fine (License suspended for 1 year)
Third Offense: 3 years and/or $3,000.00 fine (License suspended for 8 months)
DWI, or driving while impaired by alcohol, is the less serious crime. It requires that the alcohol you consumed has impaired normal coordination to some extent.
First Offense: 60 days and/or $500.00 fine (8 MVA points and 60-day suspension)
Second Offense: 1 Year and/or $500.00 fine (60-day suspension)
Third Offense: 1 year and/or $500.00 fine (minimum of 60-day suspension)
What is driving under the influence of alcohol per se?
If you are arrested for driving under the influence of alcohol per se, then the Carroll County State’s Attorney’s must prove:
1. That you drove, operated or were in actual physical control of a vehicle
2. That, at the time of testing, you were under the influence of alcohol per se
Driving under the influence of alcohol per se is the most serious crime. It requires that you took a breathalyzer that showed an alcohol level at the time of .08 or more. The per se arrest is one of the most difficult to defend and may require additional research because no further evidence on the state’s side is needed to prove intoxication and impairment.
Do You Need Help with DUI/DWI Charges?
Albers & Associates is one of the leading firms in DUI/DWI defense in Maryland. We have offices throughout the state in Westminster, Columbia, Frederick, and Towson so that we can serve clients as best we can. Contact us today to learn more about how we can help you.
Will I Lose My License?
You might. Depending on the type of license you have and whether or not you are convicted, your license may be suspended or even revoked depending on the circumstances of your charges. However, even being charged with a DUI can result in the suspension of your license, which can affect your life substantially.
Will I Lose My Job?
It depends on your job. At the time of your arrest, the police officer will confiscate your license and provide you with a paper license that you can use until your MVA Hearing. However, for people who hold commercial driver’s licenses, also known as CDLs, this will not replace the license you need to do your job. So, until the charges are cleared, you will not be able to work. Getting on the phone with a lawyer as soon as humanly possible is essential for your continued employment.
Am I Going to Jail?
You might. If you are found guilty of a DUI, particularly if this is your second or third offense, you may face jail time. One possible outcome of DUI court proceedings, a Probation Before Judgment, can be sought. If you are able to secure a PBJ, you will be able to avoid going to jail.