MARYLAND DUI - DWI LAW

Blood Alcohol Content (BAC) for a Driving Under the Influence (DUI) in Maryland:
In Maryland, you can be arrested for Driving Under the Influence (DUI) or the lessor offense of Driving While Intoxicated (DWI).

  • Standard BAC: .08% or above is a DUI, .07% or below is a DWI
  • Zero Tolerance BAC: .02% or above
  • Professional Drivers: .04% or above
  • High BAC: .15% or above

Implied Consent and Chemical Test Refusal: Failure to submit to a chemical BAC test violates Maryland's Implied Consent Law. Your driver's license can be suspended for up to 120 days as a result of your non-compliance with the law.

If you have been arrested for a DUI/DWI in Maryland, or have had your license suspended because of your refusal to consent to a chemical test of your urine, blood, or breath, contact a Maryland DUI attorney to help you.

DUI Arrest - Civil Case

Potential Penalties:

  • License Suspension:
    • First DUI Conviction: Up to 6 months.
    • First DWI Conviction: 60 days.
    • Second DUI Conviction: 1 year.
    • Second DWI Conviction: 1 year.
  • Monetary Fines:
    • First DUI Conviction: Up to $1,000. Up to $2,000 if there was a minor in the car with you.
    • First DWI Conviction: Up to $500; $1,000 if driving with a minor in the car.
    • Second DUI Conviction: Maximum of $2,000, but if child in the car, maximum of $3,000.
    • Second DWI Conviction: Maximum of $500 unless you are transporting a child, then up to $1,000.
  • Community Service: There is no mandatory community service required, but a Maryland court may order you to complete a certain amount of public service.
  • Probation: Yes, if you are a first offender and had a lower BAC at the time you were pulled over, you may get probation.
  • Motor Vehicle Impound: No.
  • Ignition Interlock: After your second DUI you may be required to install an ignition interlock device in your vehicle after your license has been suspended for 45 days. If you commit two or more DUIs in a 5-year period, you must install an ignition interlock device for 3 years.
  • Prison Time:
    • First DUI: 1 year, or 2 years if there is a minor in the car with you.
    • First DWI: 2 months, or 6 months if there is a child in the car.
    • Second DUI: Up to 2 years; or, up to 3 years if there is a child in the car.
    • Second DWI: Up to 1 year.

DUI Arrest - Criminal Charges
You can be criminally charged for a DUI in Maryland. Contact a Maryland DUI attorney if you have been criminally charged with a DUI.

Reinstating Your License After DUI Conviction: To have your driver's license reinstated, you must complete an application for driver license reinstatement and submit it to the Motor Vehicle Administration's (MVA) Driver Wellness and Safety Division along with an application fee. You must then apply for a new license at a MVA office. The Maryland MVA may require you to take a driving test, speak with a Maryland criminal defense attorney for more information.

Effect of DUI on Car Insurance: In Maryland, SR22 Insurance is required for three years after a conviction for drunk driving. It is also necessary if you want your driver's license reinstated. However, as a result of your drunk driving conviction, an SR22 Certificate of Insurance can be very expensive, and some providers will not even provide SR22 insurance.

Effect of DUI on Driving Record: The Maryland MVA expunges your record every three years.

Under 21 and DUI: You are in violation of Maryland's Zero Tolerance Law if you are under 21 and have a BAC of .02% or more. If you are convicted you may be required to have an ignition interlock device installed for 3 years, pay a $500 fine, or have your license suspended.

Maryland Resources

Maryland Motor Vehicle Administration
http://www.mva.maryland.gov/

Maryland Department of Transportation
http://www.mdot.maryland.gov/

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