DUI or DWI?
In Maryland DUI, Driving Under the Influence of Alcohol, BAC .08 or higher, 2 months/$500. DWI, Driving while Impaired by Alcohol, BAC .07, Year/$1000.
Maryland State law mandates the automatic suspension of your driving license for 45 day suspension applies if the BAC is .08 or more, NOT more than .08.
You must request an administrative hearing within 10 days of arrest or your driver's license privileges will be suspended automatically.
Are you Really A First Offender?
In Maryland , a judge can look back at you record for the last ten years. If you had A DUI or DWI offense as long as ten years ago, you are not a first offender.
DUI Penalties (BAC of .07 to .08)
Jail
Up to 2 months.
Fines
$500 for first offense DUI.
License Suspension
Within 10 days of the arrest request a hearing with the Office of Administrative Hearings Office. If the officers took the driver's license then the arrestee's B.A.C was most likely above .08. The arrestee was then issued a 45 day temporary driver's license. The arrestee may request a hearing to have this suspension appealed. A request for this should be mailed to the Office of Administrative Hearings. ($125 made payable to the Maryland State Treasurer.) Don't forget you have 10 days to do this.
The suspension for a test result over .08 is 45 days for a first offense and 90 days for a second or subsequent offense. The suspension for a refusal is 120 days for a first offense and one year for a second or subsequent offense.
Points on License
8 points.
DWI Penalties (BAC of .08 or higher)
Jail
One year.
Fines
$1,000 for first offense DWI.
License Suspension
A 60 day license suspension for the first offense.
Points on License
12 points.
Probation
Most first offenders with low BACs can get probation. This depends on the judge. The court may wish to see an alcohol evaluation, and to see a sincere desire to learn about alcohol and driving on your part. In less congested, more rural areas, you may get a short jail sentence with probation.
Alcohol Ignition Interlock
As a condition of probation, the court may require you to install the device at your expense. An ignition interlock prevents you from operating your vehicle if you have any alcohol in your system. Motor Vehicles Administration (MVA) can offer this as an alternative to longer suspension periods.
Alcohol Education/Treatment
May be required as a condition of probation. You may also be required to attend a driver improvement or an alcohol education program as a condition of reinstatement of their driving privilege.
Plea Bargain
A first time DWI charge can sometimes be plea bargained down to a first time DUI charge.
Under 21
Under 21, you are DUI if you have any alcohol at all in your system. With a BAC of .02% or higher, the fine is $500.
Test Refusal
The penalty for refusing a breath, blood or urine test for the first time results in an automatic 120-day license suspension. This action may be taken even if you are not found guilty of using alcohol and driving.
Insurance
You are at risk of much higher insurance rates, or of losing your vehicle insurance coverage completely. The insurance rates of family members or even of your employer are sometimes raised as well.
Penalties Can Be Even Greater
Penalties are even greater if you had a crash that involved serious bodily harm or death, or if the offense occurred while your were transporting someone under 18. If transporting a minor, you may face a fine of up to $4,000 and a prison sentence of up to four years.
