MARYLAND TRAFFIC ATTORNEY
DEFEND CLIENTS CHARGED WITH DUI/OUI/DWI IN MARYLAND
Maryland DUI - OUI - DWI laws Information page
A night out on the town can take a fun night and turn it into one of the most horrible experiences of your life. Simply put, a night of drinking even in moderation can result in you having your first and only contact with the law. The experience will most likely leave you shaken and terrified. Our goal is to help you with information about some of the laws in Maryland regarding DUI & DWI & OUI. If you think you still need help after reading this page and you probably do, then call us at 888-437-7747 or feel free to email us. We will get back to you the very same day within 8 hours, Monday - Friday. The Maryland DUI & DWI & OUI attorneys of of SRIS, P.C. have offices in Rockville and Annapolis . If you wish to consult a SRIS, P.C. DUI lawyer or DWI or OUI attorney, please simply contact us by calling our toll free number, via e-mail or by filling out our on-line form. A lawyer who is extremely experienced in handling DUI or OUI or DWI charges will consult with you regarding your matter and advise you of your options. Call us today .
Note: Maryland parents of children whose children have been charged with a DUI / DWI / or underage possession of alcohol should be aware that courts are no longer treating people under the age of 21 who are consuming alcohol lightly. In fact, some institutions of higher learning are expelling students who are convicted of underage possession of alcohol.
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BALTIMORE, MARYLAND OFFICE:
400 East Pratt Street
8th Floor
Baltimore, Maryland 21202
Phone: (240) 399-0304 |
ROCKVILLE, MARYLAND OFFICE:
One Research Court, Suite 450
Rockville, Maryland 20850
Phone: (240) 399-0304 |
To obtain a general overview of DUI, OUI, and DWI defense, please click here
To learn more about the laws pertaining to DUI, OUI, and DWI defense in Virginia or Massachusetts, please click on the state.
Maryland DUI / DWI Facts (top)
The following are some of the State of Maryland Laws for DUI, DWI, and OUI offenses. Click on any of the following laws to learn more about them.
MARYLAND LAWS
MD Code, Transportation, § 21-902. Driving while under the influence or impaired (top)
(a)(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A per son may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(b)(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(c)(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(d)(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.
MD Code, Transportation, § 21-903. Drinking while driving prohibited (top)
(a)(1) In this section the following words have the meanings indicated.
(2) "Alcoholic beverage" means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.
(3)(i) "Passenger area" means an area that:
1. Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or
2. Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions.
(ii) "Passenger area" does not include:
1. A locked glove compartment;
2. The trunk of a motor vehicle; or
3. If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle.
(b) This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway.
(c) A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(d) Notwithstanding Article 2B, Title 19 of the Code or any other provision of law, the prohibition contained in this section applies throughout the State.
MD Code, Transportation, § 16-205. Alcohol or drug offenses; revocation (top)
(a) The Administration may revoke the license of any person who:
(1) Is convicted under § 21-902(a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or
(2) Within a 3-year period, is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely and who was previously convicted of any combination of two or more violations under:
(i) § 21-902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se;
(ii) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(iii) § 21-902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely; or
(iv) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(b) The Administration:
(1) Shall revoke the license of any person who has been convicted, under Title 2, Subtitle 5 of the Criminal Law Article, of homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; and
(2) May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation.
(c) The Administration may suspend for not more than 60 days the license of any person who is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.
(d) The Administration may suspend for not more than 120 days the license of any person who, within a 3-year period, is convicted under § 21-902(b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely and who was previously convicted of a violation under:
(1) § 21-902(a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se; (2) § 21-902(b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(3) § 21-902(c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely; or
(4) § 21-902(d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(e)(1) In this subsection, "motor vehicle" does not include a commercial motor vehicle.
(2) Subject to the provisions of this subsection, the Administration shall suspend for 1 year the license of a person who is convicted of a violation of § 21-902(a)of this article more than once within a 5-year period.
(3) On receiving a record of a conviction of a person for a violation of § 21-902(a) of this article more than once within a 5-year period, the Administration shall issue to the person a notice of suspension of the person's license that:
(i) States that the person's license shall be suspended for 1 year; and
(ii) Advises the person of the right to request a hearing under this paragraph.
(4) After notice under paragraph (3) of this subsection, the Administration shall suspend a person's license under this subsection if:
(i) The person does not request a hearing;
(ii) After a hearing, the Administration finds that the person was convicted of more than one violation of § 21-902(a) of this article within a 5-year period; or
(iii) The person fails to appear for a hearing requested by the person.
(5) The Administration shall, within 90 days of the expiration of the 1-year period of suspension, issue to the person a notice, unless this notice requirement was waived at a hearing described in paragraph (4) of this subsection, that:
(i) States that the person shall maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person;
(ii) States that the Administration shall impose a restriction on the person's license that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system for a period of not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension; and
(iii) Advises the person of the right to request a hearing under this paragraph.
(6) After notice under paragraph (5) of this subsection, or a waiver of notice, the Administration shall order a person to maintain for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, an ignition interlock system on each motor vehicle owned by the person and impose a license restriction that prohibits the person from driving a motor vehicle that is not equipped with an ignition interlock system if:
(i) The person does not request a hearing;
(ii) The Administration finds at a hearing that the person owns one or more motor vehicles and that no financial hardship, as described in paragraphs (7) and (8) of this subsection, will be created by requiring the person to maintain an ignition interlock system on each motor vehicle owned by the person; or
(iii) The person fails to appear for a hearing requested by the person.
(7) If the Administration finds at a hearing that maintenance of an ignition interlock system on a motor vehicle owned by the person creates a financial hardship on the person, the family of the person, or a co-owner of the motor vehicle, the Administration:
(i) Shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system; and
(ii) May not require the person to maintain an ignition interlock system on any motor vehicle to which the financial hardship applies.
(8) An exemption under paragraph (7)(ii) of this subsection applies only under circumstances that:
(i) Are specific to the person's motor vehicle; and
(ii) Meet criteria contained in regulations that shall be adopted by the Administration.
(9) If a person requests a hearing and the Administration finds that the person does not own a motor vehicle at the expiration of the 1-year period of suspension, the Administration shall impose a restriction on the license of the person for not less than 3 months and not more than 1 year, dating from the expiration of the 1-year period of suspension, that prohibits the person from driving any motor vehicle that is not equipped with an ignition interlock system.
(10) Each notice and hearing under this subsection shall meet the requirements of Title 12, Subtitle 2 of this article.
(11) This subsection does not limit any provision of this article that allows or requires the Administration to:
(i) Revoke or suspend a license of a person; or
(ii) Prohibit a person from driving a motor vehicle that is not equipped with an ignition interlock system.
(12) A suspension imposed under this subsection shall be concurrent with any other suspension or revocation imposed by the Administration that arises out of the circumstances of the conviction for a violation of § 21-902(a) of this article described in this subsection.
(f)(1) Subject to paragraph (2) of this subsection, the Administration may modify any suspension under this section or any suspension under § 16-205.1 of this subtitle and issue a restrictive license to a licensee who participates in the Ignition Interlock System Program established under § 16-404.1 of this title.
(2) The Administration may not modify a suspension and issue a restrictive license during a mandatory period of suspension described in subsection (e) of this section.
(g) When a suspension imposed under subsections (c), (d), or (e) of this section expires, the Administration immediately shall return the license or reinstate the privilege of the driver, unless the license or privilege has been refused, revoked, suspended, or canceled under any other provisions of the Maryland Vehicle Law.
MD Code, Transportation, § 27-111- Impoundment or immobilization of vehicles (top)
In this section, "police department" has the same meaning indicated in § 25-201 of this article.
(b)(1) For the purpose of impounding or immobilizing a vehicle under this section, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of paragraph (2) of this subsection, use other persons, equipment, and facilities for immobilizing vehicles or removing, preserving, and storing impounded vehicles.
(2) A police department may not authorize the use of a tow truck under paragraph (1) of this subsection unless the tow truck is registered under § 13-920 of this article.
(c)(1) As a sentence, a part of a sentence, or a condition of probation, a court may order, for not more than 180 days, the impoundment or immobilization of a solely owned vehicle used in the commission of a violation of § 16- 303(c) or (d) of this article if, at the time of the violation:
(i) The owner of the vehicle was driving the vehicle; and
(ii) The owner's license was suspended or revoked under § 16-205 of this article.
(2) Among the factors that a court may consider in determining whether to order an impoundment or immobilization of a vehicle is whether the vehicle is the primary means of transportation available for the use of the individual's immediate family.
(3)(i) Subject to the provisions of subparagraph (ii) of this paragraph, impoundment or immobilization of a vehicle may not be ordered under this section, if the registered owner of the vehicle made a bona fide sale, gift, or other transfer of the vehicle to another person before the date of the finding of a violation of § 16-303(c) or (d) of this article.
(ii) The registered owner of the vehicle has the burden of proving that a bona fide sale, gift, or other transfer of the vehicle has occurred.
(d)(1) The registered owner of a vehicle impounded or immobilized under this section is responsible for all actual costs incurred as a result of the immobilizing of the vehicle, or the towing, preserving, and storing of the impounded vehicle.
(2) The court may require the registered owner of a vehicle impounded or immobilized under this section to post a bond or other adequate security to equal the actual costs of immobilizing the vehicle, or towing, preserving, and storing the vehicle, and providing the notices required under subsection (f) of this section.
(3) Subject to the provisions of this section, a police department that impounds a vehicle by taking the vehicle into custody or immobilizes a vehicle under this section promptly shall return possession or use of the vehicle to the registered owner of the vehicle on payment of all actual costs of immobilizing the vehicle, or towing, preserving, and storing the impounded vehicle, and providing the notices required under subsection (f) of this section.
(e) If a court orders the impoundment or immobilization of a vehicle under this section, the court shall provide for the execution of the impoundment or immobilization by a police department.
(f)(1) If a court orders the impoundment or immobilization of a vehicle under this section, the police department that executes the immobilization, or the impoundment by taking the vehicle into custody, shall, as soon as reasonably possible and within 7 days after the police department executes the court order, send a notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(i) Each registered owner of the vehicle as shown in the records of the Administration; and
(ii) Each secured party, as shown in the records of the Administration.
(2) The notice shall:
(i) State that the vehicle has been immobilized, or impounded by being taken into custody;
(ii) Describe the year, make, model, and vehicle identification number of the vehicle;
(iii) Provide the location of where the vehicle is immobilized or the location of the facility where the vehicle is impounded;
(iv) Include the amount of the actual costs of immobilization, or towing, preservation, and storage of an impounded vehicle;
(v) Include the amount of the actual costs of the notices required under this paragraph; and
(vi) Provide that, if an impounded vehicle is not reclaimed as required under this subsection, within 10 days after the date specified in the court order, the impounded vehicle will be considered an abandoned vehicle and subject to the provisions of Title 25, Subtitle 2 of this article.
(3) If an impounded vehicle is not reclaimed within 10 days after the date specified in a court order under this section, the vehicle shall be considered an abandoned vehicle subject to the provisions of Title 25, Subtitle 2 of this article.
(g)(1) This section may not be construed to prohibit a lienholder from exercising its rights under applicable law, including the right to sell a vehicle that has been impounded or immobilized under this section, in the event of a default in the obligation giving rise to the lien.
(2)(i) A lienholder exercising the right to sell a vehicle that has been impounded or immobilized under this section shall notify, in writing, the police department with custody of the vehicle of the lienholder's intention to sell the vehicle.
(ii) The notice shall be accompanied by copies of documents giving rise to the lien and shall include an affidavit under oath by the lienholder that the underlying obligation is in default and the reasons for the default.
(iii) On request of the lienholder and on payment of all costs required under this section, the vehicle shall be released to the lienholder.
(3) Except as provided in paragraph (4) of this subsection, the rights and duties provided by law to the lienholder for the sale of collateral securing an obligation in default shall govern the repossession and sale of the vehicle.
(4)(i) The lienholder may not be required to take possession of the vehicle before a sale of the vehicle.
(ii) The proceeds of any sale shall be applied first to the actual costs of immobilization, or towing, preservation, and storage of an impounded vehicle, and the actual costs of the notices required under subsection (f) of this section, then as provided by law for distribution of proceeds of a sale by the lienholder.
(5)(i) If the interest of the owner in the vehicle is redeemed, the lienholder shall, within 10 days after the redemption, mail a notice of the redemption to the police department who impounded or immobilized the vehicle.
(ii) If the vehicle has been repossessed or otherwise lawfully taken by the lienholder and the time specified by a court order under this section has not expired, the lienholder shall return the vehicle within 21 days after the redemption to the police department who impounded or immobilized the vehicle.
(h) This section does not affect the requirements of Title 25, Subtitle 2 of this article regarding abandoned vehicles.
MD Code, Transportation, § 27-107. Other penalty; ignition interlock system (top)
(a) In this section, "ignition interlock system" means a device that:
(1) Connects a motor vehicle ignition system to a breath analyzer that measures a driver's blood alcohol level; and
(2) Prevents a motor vehicle ignition from starting if a driver's blood alcohol level exceeds the calibrated setting on the device.
(b) In addition to any other penalties provided in this title for a violation of any of the provisions of § 21-902(a) of this article ("Driving while under the influence of alcohol or under the influence of alcohol per se"), or § 21-902(b) of this article ("Driving while impaired by alcohol"), or in addition to any other condition of probation, a court may prohibit a person who is convicted of, or granted probation under § 6-220 of the Criminal Procedure Article for, a violation of § 21-902(a) or § 21-902(b) of this article from operating for not more than 3 years a motor vehicle that is not equipped with an ignition interlock system.
(c) If the court imposes the use of an ignition interlock systems a sentence, part of a sentence, or a condition of probation, the court:
(1) Shall state on the record the requirement for, and the period of the use of the system, and so notify the Administration;
(2) Shall direct that the records of the Administration reflect:
(i) That the person may not operate a motor vehicle that is not equipped with an ignition interlock system; and
(ii) Whether the court has expressly permitted the person to operate a motor vehicle without an ignition interlock system under subsection (g)(2) of this section;
(3) Shall direct the Administration to note in an appropriate manner a restriction on the person's license imposed under paragraph (2)(i) or (ii) of this subsection;
(4) Shall require proof of the installation of the system and periodic reporting by the person for verification of the proper operation of the system;
(5) Shall require the person to have the system monitored for proper use and accuracy by an entity approved by the Administration at least semiannually, or more frequently as the circumstances may require; and
(6)(i) Shall require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the system; and
(ii) May establish a payment schedule.
(d) A person prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system may not solicit or have another person attempt to start or start a motor vehicle equipped with an ignition interlock system.
(e) A person may not attempt to start or start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system.
(f) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section or Title 16 of this article.
(g)(1) Subject to the provisions of paragraph (2) of this subsection, a person may not knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to another person who the person knows is prohibited under subsection (b) of this section or Title 16 of this article from operating a motor vehicle not equipped with an ignition interlock system.
(2) If a person is required, in the course of the person's employment, to operate a motor vehicle owned or provided by the person's employer , the person may operate that motor vehicle in the course of the person's employment without installation of an ignition interlock system if the court or the Administration has expressly permitted the person to operate in the course of the person's employment a motor vehicle that is not equipped with an ignition interlock system.
MD Code, Criminal Law, § 10-125- Prohibited conduct (top)
Possession of open container
(a)(1) Except as otherwise provided in subsection (c) of this section, an occupant of a motor vehicle may not possess an open container that contains any amount of an alcoholic beverage in a passenger area of a motor vehicle on a highway.
(2) A driver of a motor vehicle may not be subject to prosecution for a violation of this subsection based solely on possession of an open container that contains any amount of an alcoholic beverage by another occupant of the motor vehicle.
MD Code, Criminal Law, § 10-113. Misrepresentation of age (top)
An individual may not knowingly and willfully make a misrepresentation or false statement as to the age of that individual or another to any person licensed to sell alcoholic beverages or engaged in the sale of alcoholic beverages, for the purpose of unlawfully obtaining, procuring, or having unlawfully furnished an alcoholic beverage to an individual.
MD Code, Criminal Law, § 10-114. Underage possession (top)
An individual under the age of 21 years may not possess or have under the individual's charge or control an alcoholic beverage unless the individual is a bona fide employee of the license holder as defined in Article 2B, § 1-102 of the Code and the alcoholic beverage is in the possession or under the charge or control of the individual in the course of the individual's employment and during regular working hours.
MD Code, Criminal Law, § 10-116. Obtaining for underage consumption (top)
An individual may not obtain an alcoholic beverage from any person licensed to sell alcoholic beverages for consumption by another who the individual obtaining the beverage knows is under the age of 21 years.
MD Code, Criminal Law, § 10-117. Furnishing for or allowing underage consumption (top)
Prohibited--Furnishing alcohol
(a) Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:
(1) the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.
Prohibited--Allowing possession or consumption of alcohol
(b) Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.
Exceptions
(c)(1) The prohibition set forth in subsection (a) of this section does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:
(i) are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or
(ii) are participants in a religious ceremony.
(2) The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:
(i) are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or
(ii) are participants in a religious ceremony.
MD Code, Education,§ 26-103. Alcohol prohibited (top)
(a)(1) Unless locally approved by the county board of education, a person may not drink or possess any alcoholic beverage on the premises of any public school .
(2) A person who drinks or possesses any alcoholic beverage and causes a public disturbance at any elementary or secondary school athletic contest may not refuse to comply with a request by a law enforcement officer to stop drinking and causing the public disturbance. If the person complies with the first request, he may not be charged under this paragraph.
(b)(1) Any person under 18 years of age who violates the provisions of this section shall be issued a citation and be subject to the dispositions for a violation under Title 3, Subtitle 8A of the Courts Article.
(2) Any person 18 years old or older violating the provisions of this section shall be issued a citation and be subject to § 10-119 of the Criminal Law Article.
DUI & DWI & OWI in Maryland:
You've probably heard the terms DUI, DWI or perhaps even OUI. But what exactly do they mean?
“DWI” stands for "driving while impaired."
“DUI” represents "driving under the influence."
"OUI" is "operating under the influence."
All three terms essentially mean the same thing: Operating a motor vehicle after consuming enough alcohol to register a specific blood-alcohol level.
Most states set the level at 0.10, although some states have or are considering lowering the level to 0.08. In Maryland, there are actually two blood alcohol level standards:
A blood alcohol level in Maryland of 0.08 or higher will result in a DUI (Driving under the influence) arrest. Having a BAC level in Maryland of 0.07 will result in an arrest for DWI (driving while impaired).
What's the difference? (top)
DUI / DWI Penalties in Maryland
A DUI in Maryland (BAC of 0.08 or higher) carries with it a minimum of 45 days motor vehicle license suspension, a fine of up to $1,000, 12 points on your driving record and a possible jail term of one year. This is just for the first offense!
A DWI in Maryland (BAC of 0.07) is a slightly lesser offense. But only slightly. Your drivers license can be suspended for up to 60 days (no minimum) you can be fined up to $500, and receive a possible two month jail term. Plus you'll get 8 points on your driving license.
Breathalyzer Tests (top)
In Maryland, taking a breath test is mandatory if the officer suspects you've been drinking and driving. If you refuse, that fact can now be admitted into court as evidence of DUI guilt. Even if you weren't intoxicated, the law will treat you as if you were – with the same penalties applying.
Remember – in Maryland as in all the other states, driving is not a right but a privilege. The state can revoke that privilege for any legal reason it so chooses.
Field Sobriety Tests (top)
A field sobriety test is used by an officer in Maryland to help determine if, in his or her opinion, you are under the influence of alcohol and should be arrested for drunk driving .
The officer may place you through a series of balance tests like walking an imaginary line or leaning back with eyes closed, coordination tests like counting on your fingers or touching a finger to your nose while your eyes are closed, or mental tests requiring you to recite the alphabet or count backwards.
If you fail these tests, it's viewed as additional evidence of your guilt. Again in Maryland – taking these tests are not discretionary.
There are defenses to these field sobriety tests. In one such case, a police officer ordered an obese and disabled man to take a “walk and turn test.” The man failed. At trial, it came out the police officer had no idea that the test he gave was in direct contradiction of National Highway Traffic Safety Administration ("NHTSA") manual standards for overweight or physically impaired individuals. The defendant was acquitted.
Open Container Laws (top)
Basically, open container laws mean just what they imply: You can't have or posses any open alcoholic beverage container, or consume any alcoholic beverage in the passenger area of a motor vehicle. (Store that bottle in your trunk!)
Multiple DUI / DWI Convictions (top)
Briefly, they aren't very pretty. A second DUI in Maryland increases the fine to $2,000 and possibly two years in jail. A second DWI offense can cost you up to $500 in fines and a one year jail term.
If you strike out a third time in Maryland, you're in a whole new world of hurt. Expect a mandatory jail term, a felony conviction on your records, a lengthy alcohol education program, the possibility of having an ignition interlock device attached to your car, and even more restrictions placed on your freedom and movements.
License Suspension in Maryland (top)
If you've been charged with a DWI or DUI in Maryland, you only have 10 days from the date of arrest to request a Maryland Motor Vehicle Administration (MVA) hearing. If you don't request the hearing, or miss the ten day window of opportunity, your license will be automatically suspended.
Even if you were arrested in another state other than Maryland for a DUI or DWI offense, if you have a Maryland license, you'll still need to get an MVA hearing to protect your driving privileges. Maryland is one of the 45 states sharing information about DWI and DWI arrests and convictions.
Occupational Licenses (top)
In Maryland, you may still be able to get an “occupational license" even if your drivers license has been suspended. These are available under many different circumstances. The judge must find that an "essential need" exists, such as school or job commuting. The license is restricted as to routes, areas and times.
Getting The Legal Help You Need (top)
As you see, DUI or DWI offenses in Maryland are nothing to fool around with. If you've been charged with Driving Under the Influence or Driving While Impaired, it's essential you have competent and experienced legal help.
At SRIS, P.C. we guarantee you the following: (top)
There is no charge for the initial consultation with a DUI or DWI lawyer to discuss the facts of your case.
All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line.
There is always a written retainer agreement, specifying all details and payments expected.
Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case in Maryland is an important decision. There's a lot at stake. We know no matter how many cases we've handled, or whom we've represented before, the only case that matters to you is yours.
You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. A highly qualified DUI / DWI lawyer is just a toll-free phone call away.
The Maryland DUI attorneys and Law Offices of SRIS, P.C., are located in Rockville and Annapolis but our sphere of activity is statewide. Our Maryland attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.
We are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.