Maryland Dui Law â What are the Penalties?
July 13th, 2009 at 03:02am Under DUI Law
DUI laws vary by state, so it is important to understand the laws specific to where you have been charged when going about your defense. Most states assess different penalties depending on your level of intoxication. The state of Maryland is no exception.
There are three different types of drug and alcohol related charges you can be convicted of in Maryland. The penalties are more severe for your second offense than they are for your first offense.
In order to determine whether or not you are intoxicated, the police officer will perform a series of field sobriety tests on you. If he suspects that you are impaired, he will ask you to submit to a breath test. If you refuse the breath test, your license will automatically be suspended for 120 days and it will be considered an admission of guilt in court.
If your blood alcohol level (BAC) is between .07 and .08, you will be charged with Driving While Impaired (DWI). The penalties for a first offense DWI are:
· Maximum 2 months in jail
· $500 fine
· 8 points on your license
· Suspension of your license
The penalties for a second offense DWI are:
· Maximum one year in jail
· $500 fine
· 8 points on your license
· Suspension of your license
If your BAC is .08 or greater, you will be charged with Driving Under the Influence (DUI). The penalties for a first offense DUI are:
· Maximum one year in jail
· $1,000 fine
· 12 points on your license
· 45 day suspension of your license
The penalties for a second offense DUI are:
· Maximum two years in jail, minimum five days if both convictions are within a five year period
· $2,000 fine
· 12 points on your license
· 90 day suspension of your license
You do not need to be drunk to get a DUI. You will be charged with Driving Under the Influence of a Controlled or Dangerous Substance if you are impaired by something other than alcohol or common non-prescription medication. This covers impairment from illegal drugs as well as prescription medication that inhibits your ability to drive.
The penalties for a first offense are:
· Maximum one year in jail
· $1,000 fine
· Suspension of your license for up to a year
The penalties for a second offense are:
· Maximum three years in jail
· $3,000 fine
· Revocation of your license and referral to the medical advisory board
The penalties for each of these offenses are greater when you are transporting a minor. Your first and second convictions will be misdemeanors. On your third conviction, all subsequent DUI infractions will be felonies.
If you have been charged with a DUI, you have ten days to request a hearing with the Motor Vehicle Association (MVA) to keep your driverâs license. If you fail to request your hearing in this time period, your license will automatically be suspended.
A DUI conviction may also cause problems with your insurance company. Many insurance carriers will either drastically raise your rates or possibly cancel your policy once they become aware of your conviction.
It is important to consult an experienced DUI attorney immediately after youâve been charged. He will be able to help you deal with hearings and insurance company issues. Proper representation will greatly increase your chances of reducing your sentence. A good attorney can sometimes get you a Probation Before Judgment (PBJ), which would keep your DUI offense off of your driving record so that your insurance company will never know about it.
If you have been charged with a DUI offense in the Baltimore, Maryland area, please contact the law offices of Jimeno & Gray, P.A. today to schedule an initial consultation.