MARYLAND
DUI LAWYERS
Drinking and driving is a criminal misdemeanor offense in Maryland. If you are caught drinking and driving, or driving under the influence of drugs, you are potentially subject to the imposition of fines, arrest, loss of driving privileges and/or jail time.
​
If you have been arrested for DUI or DWI (Driving While Impaired), it is best to hire a Maryland DUI attorney immediately. Time is of the essence as your right to drive in Maryland, or in all states, may be revoked for a period of time if you do not request and succeed in a hearing with the Maryland MVA. A Maryland DUI lawyer may be able to assist you in preserving your right to drive.
Maryland DUI DWI Law Firm
Personalized Experienced Attention
Being charged with DUI or DWI can come with many consequences. These include loss of your freedom, driving privileges, CDL and FMCSA credentials, security clearances, and other tools critical to your ability to earn a living.
​
An experienced Maryland DUI attorney can review the prosecution’s case and analyze the evidence held against you to aid in your defense at trial or help you negotiate a plea to reduce your charge to a lesser offense, such as reckless driving. Our goal is to consider the total impact of your charges on your life in order to best advise you and reach the best outcome for you. The below discussion will outline Maryland’s laws with respect to driving under the influence (DUI) and driving while impaired (DWI).
DRIVING UNDER THE INFLUENCE
OR IMPAIRMENT
OF ALCOHOL OR DRUGS
Maryland’s DUI and DWI laws may be found in Subtitle 9 of Title 21 of the Maryland Transportation Code as follows:
​
Maryland DUI Lawyers
Driving While Under
The Influence of Alcohol
In Maryland, drivers may not:
- Drive or attempt to drive any vehicle while under the influence of alcohol; or
​
- Drive or attempt to drive any vehicle while the person is under the influence of alcohol “per se”.
​
It is illegal in Maryland to operate or attempt to operate a motor vehicle while under the influence of alcohol. According to the state of Maryland, driving under the influence (DUI) is considered a Per Se violation if the driver has a blood alcohol content (BAC) of 0.08% or higher.
​
Maryland Drunk driving laws can be found in § 21-902 of the Transportation Article and § 2-501 of the Criminal Article of the Maryland Code.
​
​
First Offense:
​
A first offense DUI conviction may result in imprisonment up to 1 year, or a fine of up to $1,000.00, or both, in addition to 12 points on your driver’s license - this means that the court may opt to revoke your driver’s license for up to 6 months pursuant to § 16-205 of the Transportation Article of the Maryland Code.
​
It is critical to hire a competent Maryland DUI attorney, as you may be able to preserve your driving privileges if they are revoked by the court through a hearing with the Motor Vehicle Administration (MVA).
​
​
Repeat Offense:
​
It is important to note that penalties for DUI offenses can vary based on the circumstances and whether it is a first or subsequent offense. If you have been convicted of a DUI related offense (DUI, DWI, driving under the influence of drugs and/or alcohol (DUID), or driving under the influence of a dangerous controlled substance (DUICS) within 5 years of another DUI conviction, it will count as a prior conviction for these purposes.
​
For a second offense, the penalties increase, including imprisonment for up to 2 years, a possible fine of up to $2,000.00, or both, in addition to potential driver’s license revocation for up to 12 months. Furthermore, you must serve at least 5 days in jail.
​
For a third offense within five years of a prior DUI related conviction, the penalties are imprisonment for up to 5 years, a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
​
Upon a fourth offense within five years of a prior DUI, DWI, driving under the influence of drugs and/or alcohol (DUID), or driving under the influence of a dangerous controlled substance conviction, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years, a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If at any time a driver is arrested for DUI within three years, and the driver has previously been convicted of any two DUI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).
​
Subsequent offenses will generally carry an additional 6 months revocation for each subsequent conviction.
​
DUI With A Minor
​
If convicted of DUI while transporting a minor, you will be subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000.00, or both for a first offense.
​
​
Repeat Offense:
​
If you have been previously convicted of DUI while driving a minor, DWI while driving a minor, DUID with a minor, and/or driving while under the influence of a dangerous controlled substance with a minor, the prior conviction(s) will count as prior offenses for this purpose.
​
For a second DUI with a minor offense, you will face imprisonment of at least 5 days and not exceeding 3 years, or a fine not exceeding $3,000.00, or both.
​
For a third offense within five years of a prior DUI, DWI, DUID and/or DUICS conviction, the penalties are imprisonment of at least 10 days and not exceeding 5 years, a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
​
Upon a fourth offense within five years of a prior DUI with a minor, DWI, DUID, and/or DUICS conviction, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years, a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If a driver is arrested for DUI with a minor within three years, and the driver has previously been convicted of any two DUI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).
​
​
Other Penalties:
​
A person who is convicted of DUI within 5 years after a prior DUI conviction shall be required by the court to undergo a comprehensive alcohol abuse assessment. If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is certified by the Maryland Department of Health or an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health, or approved by the court.
​
​
Hiring a credible Maryland DUI lawyer can help you avoid harsh sentencing, lengthy revocation, and other often unmanageable punishments in the event of a DUI conviction in Maryland, in addition to fighting to using all aspects of the law to preserve your driving privileges and to minimize the damage to you.
​
​
Ignition Interlock Program:
​
If you have been arrested with for a first time DUI offense with a BAC of 0.15 or higher, or you have been previously convicted of DUI within the 5 years prior to your current DUI, you will likely be required to participate in the Ignition Interlock Program (IIP), which monitors your BAC level prior to and during each use of your vehicle.
​
The Maryland MVA administers the IIP as a mechanism to allow drivers to continue to use the roads, while ensuring increased guarantees of driver safety. Although it is part of DUI punishment, the program is often useful to drivers who wish to maintain their driving privileges in the event of a conviction. Participants must have an interlock intervention device (IID) installed in their vehicles and connected to the MVA’s system for monitoring.
​
IIDs prevent the vehicle from starting if alcohol is detected. It will also randomly test the driver while the vehicle is in motion in order to avoid drinking while driving. All test data is stored and downloaded during required monthly maintenance visits.
​
Participants in the IIP are granted restricted driver’s licenses, allowing them to avoid license revocation while restricting them to use of IID equipped vehicles only. If you have been convicted of a fourth or subsequent offense, you will be required to participate in the IIP for a mandatory minimum of 24 months.
​
This data is transferred to the MVA’s and is automatically reviewed by the MVA system to identify potential violations. Once a violation is identified, the data is sent on the IIP staff who determine the appropriate punitive action. For the avoidance of doubt, IID service providers must provide a toll-free 24-hour emergency response number for IIP participants in case something goes wrong.
​
​
IIP Violations:
- Failure to install the IID (the law requires that a company install the IID within 10 days of request);
​
- Failure to get a restricted license;
- Failure to appear for required monthly monitoring visits;
- Driving an unauthorized vehicle which lacks an approved IID;
- Failure to meet all requirements of the service agreement with the IID provider, including failure to pay all costs and fees;
- Tampering with or bypassing the IID, or allowing someone else to do so;
- Attempting to start or operate the vehicle with BAC greater than 0.025;
- Ignoring rolling tests after driving; and
- Any license suspension or revocation imposed while participating in the IIP.
​
​
It is wise to hire counsel immediately upon your arrest for DUI. A Maryland DUI attorney can discuss the terms of the Maryland Ignition Interlock Program and whether it is a good fit for you.
Maryland DWI Lawyers
Driving While
Impaired By Alcohol
DWI vs. DUI
Maryland drivers are frequently charged with driving under the
influence (DUI) and driving while impaired (DWI). Although DWI is considered to be the lesser offense, it carries serious penalties including potential imprisonment. Both DWI and DUI can carry long lasting impacts to your career, travel eligibility, and other aspects of your life.
​
In Maryland, driving with a BAC level of .07 or higher can result in a DWI charge, whereas driving in Maryland with a BAC of .08 or higher can result in a DUI.
​
You can be charged with both DWI and DUI at the same time, however you can only be convicted of one of the two. A DUI conviction will result in your DWI being merged into the DUI. Alternatively, a DWI conviction will result in dismissal of the DUI charge.
​
Although a DUI charge does not require much more drinking than a DWI, a first DWI offense may result in up to 2 months in jail in addition to other penalties.
​
​
First-time DWI convictions can result in:
​
- Up To 2 Months In Jail
​
- Up To $500 In Fines
​
- 8 Driver’s License Points
​
- Up To 2 Months Driver’s License Suspension (Set To 1 Year If Under 21 Years Of Age)
​
Second-time DWI convictions can result in:
​
- Up To 1 Year In Jail
​
- Up To $500.00 In Fines
​
- 8 Driver’s License Points
​
- Up To 1 Year Driver’s License Suspension​ (Set To 2 Years If Under 21 Years Of Age)
​
​
General DWI Provisions:
​
In Maryland, drivers may not drive or attempt to drive any vehicle while impaired by alcohol, as defined in § 21-902(b)(1)(i) of the Transportation Article of the Maryland Code and Court Rules.
It is illegal in Maryland to operate or attempt to operate a motor vehicle while impaired by alcohol. According to the state of Maryland, driving while impaired by alcohol (DWI) is considered to be a misdemeanor offense.​
​​
​​
First Offense:
​​
A first offense DWI conviction may result in up to 2 months in jail or a fine of up to $500.00, or both, in addition to 8 points on your driver’s license - this means that the court may opt to suspend your driver’s license for up to 60 days pursuant to § 16-205 of the Transportation Article of the Maryland Code. Driving privileges are suspended for 1 year for drivers under the age of 21.
It is critical to hire a competent Maryland DWI attorney, as you may be able to preserve your driving privileges if they are suspended by the court through a hearing with the Motor Vehicle Administration (MVA).
​​
​​
Repeat Offense:
​​
It is important to note that penalties for DWI offenses can vary based on the circumstances and whether it is a first or subsequent offense. If you have been convicted of a DWI related offense (DUI, DWI, driving under the influence of drugs and/or alcohol (DUID), or driving under the influence of a dangerous controlled substance) within 5 years of another DWI conviction, it will count as a prior conviction.
​
For a second offense, the penalties increase, including imprisonment for up to 1 year or a possible fine of up to $500.00, or both, in addition to 8 points and potential driver’s license suspension for up to 1 year if the previous offense was within 5 years. Driving privileges are suspended for 2 years for drivers under the age of 21.
​
For a third offense within five years of a prior DWI related offense, the penalties are imprisonment for up to 5 years or a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
Upon a fourth offense within five years of a prior DWI related offense, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years or a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If a driver is arrested for DWI within three years, and the driver has previously been convicted of any two DWI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).
Subsequent offenses will generally carry an additional 6 months revocation for each subsequent conviction.
DWI With A Minor
​
If convicted of DWI while transporting a minor, you will be subject to imprisonment not exceeding 1 years or a fine not exceeding $1,000.00, or both for a first offense.
​
Repeat Offense:
If you have been previously convicted of a DWI related offense with a minor, the prior conviction(s) will count as prior offenses for this purpose. For a second DWI with a minor offense, you will face imprisonment not exceeding 2 years, or a fine not exceeding $2,000.00, or both.
​
​For a third DWI with a minor offense within five years of any prior DWI related offense, the penalties are imprisonment for up to 5 years or a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
Upon a fourth DWI with a minor offense within five years of any prior DWI related conviction, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years or a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If a driver is arrested for DWI with a minor within three years, and the driver has previously been convicted of any two DWI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).​
Hiring a credible Maryland DWI lawyer can help you understand the various regulations of the Maryland Vehicle Law, avoid jail time, suspension, and other inconveniences related to Maryland DWI charges.
​
​
Blood Alcohol Content As Evidence Of Crime
​
Being pulled over with almost any amount of alcohol in your blood or breath may have serious consequences. In fact, as little as a .02 BAC can lead to your arrest. Subtitle 3 of Title 10 of the Courts and Judicial Proceedings article of the Maryland Code and Court Rules outlines the way BAC is treated as evidence in court.
​
Here are some of the basic BAC risks:
​
.08 Or Higher
​
The Driver will be considered as having been driving under the influence of alcohol per se as defined in § 11-174.1 of the Transportation Article of the Maryland Code. This will result in a DUI charge. § 10-307(g).
​
0.07 Or Higher But Less Than 0.08
​
The driver is presumed to have been impaired by alcohol. This means you will be charged with DWI. § 10-307(d).
Above 0.05 But Less Than 0.07
​
The driver will not be presumed to have been driving under the influence or while impaired by alcohol nor will the driver be presumed to not have been driving under the influence or while impaired by alcohol.
​
However, the BAC can be used along with other competent evidence to show that the driver was driving under the influence or while impaired by alcohol. This means that other evidence such as your manner of driving may be used in tandem with your BAC to conclude that you were in fact guilty of DUI or DWI. § 10-307(c).
​
0.05 Or Less
​
The driver is presumed not to be under the influence of alcohol nor impaired by alcohol.
§ 10-307(b).
​
0.02 Or Higher
​
The BAC will be prima facie evidence that the driver was driving with alcohol in their system. § 10-307(e).
​
If you have an alcohol restriction on your driver’s license, whether due to age under 21 or as otherwise determined pursuant to § 16-113(b), the BAC of .02 or higher will be sufficient evidence to prove that the restriction has been violated. § 10-307(f).
​
Hiring a credible Maryland DWI lawyer can help you understand the possible impact of your BAC and analyze the evidence and equipment in order to avoid conviction or to reduce your charge to a lesser offense.
Maryland DUID Lawyers
Driving While Under Influence
Of Drugs and/or Alcohol
DUID
The state of Maryland strictly regulates drugs, including with
respect to drug use while driving in the state.
In Maryland, drivers may not drive or attempt to drive any vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely, as set forth in § 21-902(c)(1)(i) of the Transportation Article of the Maryland Code and Court Rules. For the purposes of Maryland vehicle laws, “drugs” are substances not included on the DEA and FDA federal controlled substances list in Schedule I through Schedule V.
In Maryland, driving while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely (DUID) is considered to be a misdemeanor offense.​
​
A Maryland DUID attorney can be critical to successful defense of your charges.
​​
​​
First Offense:
​​
A first offense DUID conviction may result in up to 2 months in jail or a fine of up to $500.00, or both, in addition to 8 points on your driver’s license - this means that the court may opt to suspend your driver’s license for up to 60 days pursuant to § 16-205 of the Transportation Article of the Maryland Code. Driving privileges are suspended for 1 year for drivers under the age of 21.
It is critical to hire a competent Maryland DUID attorney, as you may be able to secure a case dismissal, a plea agreement, or a lesser offense conviction.
​​
​​
Repeat Offense:
​​
It is important to note that penalties for DUID offenses can vary based on the circumstances and whether it is a first or subsequent offense. If you have been convicted of a DUI related offense (DUI, DWI, driving under the influence of drugs and/or alcohol (DUID), or driving under the influence of a dangerous controlled substance (DUICS)), the previous convictions will count as prior convictions for this purpose.
For a second offense, the penalties increase, including imprisonment for up to 1 year or a possible fine of up to $500.00, or both, in addition to 8 points and potential driver’s license suspension for up to 1 year if the previous offense was within 5 years. Driving privileges are suspended for 2 years for drivers under the age of 21.
​
For a third offense within five years of a prior DUI related offense, the penalties are imprisonment for up to 5 years or a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
Upon a fourth offense within five years of a prior DUI related offense, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years or a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​​
If a driver is arrested for DUID within three years, and the driver has previously been convicted of any two DUI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).
Subsequent offenses will generally carry an additional 6 months revocation for each subsequent conviction.
DUID With A Minor
​
If convicted of DUID while transporting a minor, you will be subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000.00, or both for a first offense.
​
Repeat Offense:
If you have been previously convicted of a DUI related offense with a minor, the prior conviction(s) will count as prior offenses for this purpose. For a second DUID with a minor offense, you will face imprisonment not exceeding 2 years, or a fine not exceeding $2,000.00, or both.
​
​For a third DUID with a minor offense within five years of any prior DUI related offense, the penalties are imprisonment for up to 5 years or a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
Upon a fourth DUID with a minor offense within five years of any prior DUI related conviction, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years or a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If at any time a driver is arrested for DUID with a minor within three years, and the driver has previously been convicted of any two DUI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).​
PRESCRIPTION DRUGS
It is important to note that authorization for legal drug use, such as with prescription drugs, is not a defense to a DUID charge, unless the driver was unaware that the drug or combination would make the driver incapable of safely driving a vehicle.
An experienced Maryland DUID lawyer can analyze your case in order to help you avoid conviction, jail time and/or suspension through dismissal or other available provisions.
Maryland DUICS Lawyers
Driving While Under
Influence of Controlled
Dangerous Substance
DUICS
The state of Maryland strictly regulates controlled dangerous substances, including with respect to use while driving in the state.
​
In Maryland, drivers may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of Maryland.
This regulation is set forth in § 21-902(d)(1)(i) of the Transportation article of the Maryland Code and Court Rules.
​
“Controlled dangerous substances” are any substances identified as FDA or DEA Schedule I through Schedule V controlled substances. As provided by the DEA, the schedules may be described as follows:
Schedule I
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
Schedule II
​
Schedule II drugs, substances, or chemicals are defined as drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples of Schedule II drugs are: combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.
​
Schedule III
Schedule III drugs, substances, or chemicals are defined as drugs with a moderate to low potential for physical and psychological dependence. Schedule III drugs abuse potential is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are: products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, testosterone.
Schedule IV
​
Schedule IV drugs, substances, or chemicals are defined as drugs with a low potential for abuse and low risk of dependence. Some examples of Schedule IV drugs are: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, Tramadol.
Schedule V
Schedule V drugs, substances, or chemicals are defined as drugs with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics. Schedule V drugs are generally used for antidiarrheal, antitussive, and analgesic purposes. Some examples of Schedule V drugs are: cough preparations with less than 200 milligrams of codeine or per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, Parepectolin.
​
A Maryland DUICS attorney can be help you avoid conviction for DUICS by assessing the strength of the prosecution’s evidence against you to secure a dismissal or lesser conviction.
​
First Offense:
​​
A first offense DUICS conviction may result in imprisonment up to 1 year, or a fine of up to $1,000.00, or both, in addition to 12 points on your driver’s license - this means that the court may opt to revoke your driver’s license for up to 6 months pursuant to § 16-205 of the Transportation Article of the Maryland Code.
​
It is critical to hire a competent Maryland DUICS lawyer, as you may be able to avoid conviction based upon the evidence.
​
Repeat Offense:
​
It is important to note that penalties for DUICS offenses can vary based on the circumstances and whether it is a first or subsequent offense. If you have been convicted of DUICS within 5 years of another DUICS conviction, it will count as a prior conviction for these purposes.
​
For a second offense within 5 years, the penalties increase, including imprisonment for up to 2 years, a possible fine of up to $2,000.00, or both, in addition to potential driver’s license revocation for up to 12 months. Furthermore, you must serve at least 5 days in jail.
If your second DUICS offense is within 5 years after a prior DUICS conviction you will be required to undergo a comprehensive drug abuse assessment.
If recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is certified by the Maryland Department of Health, or by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health, or approved by the court.
For a third offense within five years of a prior DUI related conviction, the penalties are imprisonment for up to 5 years, a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
​
Upon a fourth offense within five years of a prior DUI, DWI, driving under the influence of drugs and/or alcohol (DUID), or driving under the influence of a dangerous controlled substance conviction, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years, a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If at any time a driver is arrested for DUI within three years, and the driver has previously been convicted of any two DUI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).
​​
Subsequent offenses will generally carry an additional 6 months revocation for each subsequent conviction.
​
​
DUICS With A Minor
​​
If convicted of DUICS while transporting a minor, you will be subject to imprisonment not exceeding 2 years or a fine not exceeding $2,000.00, or both for a first offense.
​
Repeat Offense:
For a second DUICS with a minor offense, you will face imprisonment of at least 5 days and not exceeding 3 years, or a fine not exceeding $3,000.00, or both. If you have been previously convicted of a DUI with a minor related offense, the prior conviction(s) will count as prior offenses for this purpose.
​For a third DUICS with a minor offense within five years of any prior DUI related offense, the penalties are imprisonment for up to 5 years or a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months. Minimum imprisonment is increased to at least 10 days in jail.
Upon a fourth DUICS with a minor offense within five years of any prior DUI related conviction, the driver shall be considered a habitual offender and the penalties are imprisonment for up to 10 years or a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months for a fourth conviction.
​
If at any time a driver is arrested for DUICS with a minor within three years, and the driver has previously been convicted of any two DUI related offenses, the driver’s license may be revoked under § 16-205(a)(1)(ii).​
DUICS DEFENSE
It is important to note that authorization for legal controlled substance use may be a defense to your DUICS charge. A Maryland DUICS lawyer can analyze your case in order to help you avoid DUICS conviction, jail time and/or suspension through dismissal, a lesser conviction, or other methods such as a plea agreement.
Maryland DUI Lawyers
Convictions in
Other States
A conviction in another state for the below crimes, will count
as a previous DUI, DWI, DUID, or DUICS offense in Maryland:
- Driving Under The Influence
- Driving Under The Influence Of Drugs And/Or Alcohol
- Driving While Under The Influence Of A Dangerous Controlled Substance
​
- Any Of The Above When Transporting A Minor.
​
It’s wise to consult with and hire a Maryland DUI lawyer immediately upon arrest for DUI, DWI, DUID, and/ DUICS in Maryland if you have previously been convicted of any of the above charges in another state.
Maryland DUI Lawyers
Repeat Offenders
The Transportation Article of the Maryland Code and Court Rules
provides significantly increased penalties for repeat drunk driving
offenders and provides for imprisonment in an inpatient
rehabilitation or treatment center or home detention that includes
electronic monitoring for the purpose of participating in an alcohol treatment program that is either certified by the Maryland Department of Health or by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health, or is otherwise approved by the court.
The penalties provided for repeat offenders are mandatory and are not subject to suspension or probation. It is extremely important to work with a dedicated Maryland DUI attorney to avoid conviction or to minimize your time spent behind bars.
SENTENCING
Driving Under Influence of Alcohol
If you are convicted of DUI within 5 years after a prior DUI conviction you will be subject to a mandatory minimum penalty of imprisonment for at least 5 days.
If you are convicted of a third or subsequent DUI offense within 5 years after a prior DUI conviction you will be subject to a mandatory minimum penalty of imprisonment for at least 10 days.
Driving Under Influence of Controlled Dangerous Substance
If you are convicted of driving or attempt to drive any vehicle while impaired by any controlled dangerous substance without being entitled to do so under Maryland law (DUICS) within 5 years after a prior DUICS conviction you will be subject to a mandatory minimum penalty of imprisonment for at least 5 days.
​
If you are convicted of a third or subsequent DUICS offense within 5 years after a prior DUICS conviction you will be subject to a mandatory minimum penalty of imprisonment for at least 10days.
TREATMENT
In addition to the mandatory minimum sentences described above, if you are convicted of DUI or DUICS within 5 years after a prior DUI or DUICS conviction, you will be required by the court to:
​
- Undergo a comprehensive alcohol abuse assessment; and
- If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is:
- Certified by the Maryland Department of Health;
​
- Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or
- Approved by the court.
A repeat DUI offense can carry consequences, including imprisonment, loss of driving privileges and impacts to your ability to work. It is wise to hire a Maryland DUI lawyer immediately if you have been arrested for DUI or any other drunk driving offense in Maryland.
Maryland DUI Lawyers
Refusing to Take a
Sobriety Test
In the state of Maryland, officers employ the use of sobriety tests to
determine whether a driver has unlawfully driven or attempted to
drive a vehicle with alcohol, drugs and/or controlled dangerous
substances in their system.
​
Possible sobriety tests in Maryland include:
- A test of a person's breath or of 1 specimen of a person's blood to determine alcohol concentration;
- A test or tests of 1 specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood; or
- Both:
A. A test of a person's breath or a test of 1 specimen of a person's blood, to determine alcohol concentration; and
B. A test or tests of 1 specimen of a person's blood to determine the drug or controlled dangerous substance content of the person's blood.
Penalties:
​
If you are found guilty of DUI, DWI, DUID, and/or DUICD, and subsequently found beyond a reasonable doubt to have knowingly refused to submit to testing, you will potentially face imprisonment not exceeding 2 months or a fine of $500.00, or both.
It is important to contact a Maryland DUI lawyer if you have been charged with a DUI related offense and have refused the sobriety test as you may be able to avoid additional jail time.
Maryland DUI Lawyers
Third Violation
If you are currently charged with:
- Driving Under The Influence
- Driving While Impaired
- Driving Under The Influence Of Drugs And/Or Alcohol; and/or
- Driving While Under The Influence Of A Dangerous Controlled Substance
​
and you have previously been convicted twice in Maryland for any of those crimes, a third conviction for any of those crimes will result in a misdemeanor, imprisonment of at least 10 days and not exceeding 5 years, and a possible fine of up to $5,000.00, or both, in addition to potential driver’s license revocation for up to 18 months.
​
Fourth Violation​
A fourth conviction, will result in a misdemeanor, imprisonment up to 10 years, and a possible fine of up to $10,000.00, or both, in addition to potential driver’s license revocation for up to 24 months.
For fourth convictions, convictions in Maryland for the following crimes from the Criminal Article of the Maryland Code will also count toward the required prior three offenses (in addition to those for third violations):
- § 2-503 - Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
- § 2-504 - Homicide by motor vehicle or vessel while impaired by alcohol
- § 2-505 - Homicide by motor vehicle or vessel while impaired by drugs
- § 2-506 - Homicide by motor vehicle or vessel while impaired by a controlled dangerous substance
- § 3-211 - Life-threatening injury by motor vehicle or vessel while under the influence of alcohol and related crimes
​
​
You should hire a Maryland DUI lawyer immediately upon arrest if you have previously been convicted of DUI in order to best protect your rights and minimize the potential for lengthy imprisonment.
Hire A Maryland DUI Attorney
The above article provides an overview of Maryland’s drunk driving laws, including DUI, DWI, DUID, and DUICS, focusing on Subtitle 9 of Title 21 of the Maryland Transportation Article of the Maryland Code and Court Rules. It also explores the impact of sentencing guidelines on the penalties a defendant can receive in DUI cases, in addition to license suspension or revocation. It is not legal advice. It is critical to consult a Maryland DUI attorney if you have been arrested.
​
CONTACT US.
GET A FREE CASE EVALUATION
MARYLAND
Silver Spring
1110 Bonifant Street
Suite 210-A
Silver Spring, MD 20910
​​
Ellicott City
8407 Main Street
Ellicott City, MD 21043
​​
WASHINGTON, DC
​​
Downtown
1900 L St NW
Suite 600
Washington, DC 20036
​​​
Email
JDJames@JDJamesAssociates.com
​​​
Phone
844-455-2637
Fax
301-576-7021
Montgomery County
Available