Maryland Driving Under the Influence Law
In common with many other States, a DUI arrest in Maryland will lead to two cases being brought against the defendant, a criminal case and an Office of Administrative Hearings case. If you have been arrested for DUI in Maryland, you have only 10 days in order to apply for a hearing at the Office of Administrative Hearings in order to retain your driver's license. It is therefore essential that you contact a Maryland DUI lawyer as soon as possible.
Charges for DUI in Maryland can be prosecuted either on the basis of Blood Alcohol Concentration, which is currently set at a maximum of 0.08% or through proving impairment through “field sobriety tests”, driving patterns or through the testing of breath, blood or urine. A skilled DUI lawyer will be able to handle each of these situations. In Maryland you can refuse a blood test as long as you are prepared to take a urine or breath test. Refusal to provide a sample at all is taken as consciousness of guilt which could increase any penalties accrued and may lead to a 120 day suspension of driving privileges.
Maryland also maintains the lesser charge of Driving Whilst Impaired.
| Conviction | Punishment |
| First DUI | Jail term of up to 1 year, fine up to $1000, minimum 45 day suspension of license. 12 penalty points on driving license. |
| Second DUI | Jail term of up to 2 year, fine up to $2000, minimum 45 day suspension of license. 12 penalty points on driving license. Second and subsequent offenses are punished in a harsher manner, and could include the use of ignition interlock devices and alcohol education programs. |
| First DWI | Maximum jail sentence of 2 months, fine of up to $500, a 60 day suspension of license and 8 penalty points on driving license. |
| Second DWI | Maximum jail term of 1 year, fine of up to $500, suspension of license for 60 days and 8 penalty points on drivers' license. |
Contact your Baltimore DUI lawyer