We know DUI law.DUI DWI Penalties in Maryland

Are you looking for the DUI & DWI penalties in Maryland?  The maximum penalty depends on the section of the Maryland Transportation Code you have been charged.  The penalty can also vary if you have prior DUI or DWI convictions.  The State can also file enhanced penalties if you have a minor in the vehicle at the time of the DUI or DWI.

If you’ve been charged with DUI or DWI in Maryland, you should hire an attorney to represent you.

Contact attorney G. Randolph Rice, Jr., at (410) 288-2900 or email his office to schedule a FREE, no obligation, legal consultation.

If you are stopped and charged with DUI or DWI in Maryland, the officer will probably charge multiple sections. This is done because the State will want to have options at trial if they can’t prove the more serious offenses.

DUI DWI Penalties in Maryland –

§21-902(a)(1) – Driving While Under the Influence of Alcohol

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Third or subsequent offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(a)(2) – Driving While Under the Influence of Alcohol Per Se

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Third or subsequent offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(a)(3) – Driving While Under the Influence of Alcohol While Transporting a Minor

  • First offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Second offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

§21-902(b)(1) – Driving While Impaired by Alcohol

  • First offense – Fine of not more than $500, or imprisonment for not more than 60 days, or both.
  • Second Offense – Fine of not more than $500, or imprisonment for not more than 1 year, or both.
  • Third Offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(b)(2) – Driving While Impaired by Alcohol While Transporting a Minor

  • First offense – Fine of not more than $1000, or imprisonment for not more than 6 months, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 1 year, or both.
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

§21-902(c)(1) – Driving While Impaired by Drugs or Drugs and Alcohol

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year.
  • Second offense – Fine of not more than $500, or imprisonment for not more than 1 year, or both.
  • Third offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(c)(3) – Driving While Impaired by Drugs or Drugs and Alcohol While Transporting a Minor

  • First offense – Fine of not more than $1000, or imprisonment for not more than 6 months, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 1 year, or both.
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

§21-902(d)(1) – Driving While Impaired by Controlled Dangerous Substance

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Third or subsequent offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(d)(2) – Driving While Impaired by Controlled Dangerous Substance While Transporting a Minor

  • First offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Second offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

DUI DWI Penalties – Mandatory and Underage convictions

Mandatory Sentence for DUI or DWI conviction in the state of Maryland

If you are convicted of a violation of § 21-902(a) or § 21-902(d) within 5 years after a prior conviction of § 21-902, pursuant to Transportation Article, section 27-101(j), you are subjected to a mandatory minimum penalty of imprisonment for not less than 5 days.  DUI DWI penalties in Maryland can be serious and affect the rest of your life, don’t go to Court alone, call our office(410) 288-2900 for a Free same day consultation.

If you are convicted of a third or subsequent offense under 21-902(a) or 21-902(d) within 5 years, you are subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

Underage DUI or DWI in Maryland – DUI DWI Penalties

A common issue in the State of Maryland and Baltimore County is the arrest of a person under the age of 21 for Driving While Impaired (DWI) or Driving Under the Influence (DUI). When a person is issued a license in the State of Maryland he or she signs the application that states that a license restriction is placed on that permit that prohibits a person under 21 to have any alcohol in their system while driving.

That means is if an underage person is suspected of having .02 BAC (Blood Alcohol Content) while driving, the MVA will be notified and their license could be suspended up to Six (6) months. The MVA will send that person a notice and they have 15 days to file a Request for Hearing with the MVA that will be heard in front of an ALJ (Administrative Law Judge) at the Office of Administrative Hearings (OAH).

What happens if you are arrested and charged with a violation under Transportation Article 21-902?

A person under the age of 21 automatically faces a maximum of One (1) year MVA suspension for the conviction under any article of 21-902. There is an argument to be made that you did not receive notice that you would be suspended by way of the DR-15, but then the suspension would fall back onto the suspension periods for drivers over 21. So you could face a 45, 90, or 120 day suspension on top of the license restriction of Six (6) months. There is a solution, contact the office at 410.288.2900 and speak with attorney Randolph Rice and he can walk you through the process and insure the best possible result in your DUI/DWI case if you are underage.

Refusal to Submit to Chemical Tests, Breathalyzer§ Penalties

If you refuse to submit to a test for alcohol the suspension will be 120 days for the first offense and 1 year for a second or subsequent offense. See our page on DR-15 Advice of Rights for more information

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