DUI & DWI in Maryland

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Maryland, the Blood Alcohol Content (BAC) limit is set at: 

0.08%  – DUI for drivers over 21 years of age

0.07%  – DWI for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Maryland automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test will result in your license being revoked for 120 days for 1st offense and for 1 year for 2nd and subsequent offense. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!          

If you are over 21 years old:

• Is treated as a Misdemeanor.
• A tow truck will take your car and impound it.
• Imprisonment: For DUI– up to 1 year. For DWI– 2 months.
• A Heavy Fine: For DUI– $1,000 fine. For DWI– $500 fine.
• Points will be added to your driving record: For DUI– 12 points. (This results in instant revocation of your license.) For DWI– 8 points.
• Your license will be suspended for 45 days (DUI) or 90 days (BAC 0.15 or above).
• You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.
• You will have to undergo substance abuse assessment by an authorized provider at your cost.
• If you are accompanied by a minor: For DUI– the imprisonment can be up to 2 years and up to $2,000 fine. For DWI– the imprisonment is up to 6 months and up to $1,000 fine.

(within 3 years)

• Is treated as a Misdemeanor.
• A tow truck will take your car and impound it.
• Imprisonment: For DUI– 2 years. For DWI– 1 year.
• A Heavy Fine: For DUI– $2,000 fine. For DWI– $500 fine
• 8 points will be added to your driving record.
• Your license will be revoked for 90 days or 180 days (BAC 0.15 or above).
• You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.
• If you are accompanied by a minor: For DUI– the imprisonment can be up to 3 years and up to $3,000 fine. For DWI– the imprisonment is up to 1 year and up to $2,000 fine.
• 48 hours imprisonment is mandatory or minimum 80 hours of community service.

(within 5 years)

• Imprisonment for 3 years.
• A tow truck will take your car and impound it.
• A $3,000 fine.
• 12 points will be added to your driving record.
• Your license will be revoked for 1 year.
• You may be eligible to apply for a Restricted Driving Privilege if you meet the conditions.
• You will have to undergo substance abuse assessment by an authorized provider at your cost.
• If you are accompanied by a minor: the imprisonment can be up to 4 years and a $4,000 fine.

• Points will be added to your driving record and your license suspended or revoked, if you are convicted under the “Minor In Possession/Other Alcohol Offenses Law” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.02% while driving.
• AFTER THE 1ST CONVICTION: The license may be suspended or revoked for 6 months. AFTER THE 2ND CONVICTION: The license may be suspended or revoked for 1 year or up until you are 21 years old, which ever is longer.
• You will also have to pay a $500 fine.
• You will also have to undergo an alcohol treatment program.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Aside from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their 1st and 2nd offenses of DUI/DWI. The other penalties do not apply since they are barred after the 2nd offense.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the MVA, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the Maryland Alcohol and Drug Abuse Program or a comparable program (the agency will send the proof to the MVA once you have completed the program), pay the reinstatement fee of $45/ $75, and maintain proof of financial responsibility for 3 years from the date of suspension/revocation by filing SR-22.
• If you are being convicted, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive for 3 months to 1 year after the end of the 1 year of suspension.
• You can submit the reinstatement application and fees in person at a MVA office near you.
• After your 2nd offense, you may be eligible to file for reinstatement of your license after 1 year of from the date that the MVA receives the application.
• For your 3rd offense, the period is 18 months.
• For your 4th offense, it is 24 months.