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Blog: Second Degree Assault Maryland - Maryland Assault Defense Lawyer G. Randolph Rice, Jr.
By: G. Randolph Rice, Jr. on April 17

Second Degree Assault Maryland ...


DUI / DWI PENALTIES

First Offense DUI or DWI Conviction in Maryland: Imprisonment and/or Fines

  • Driving Under the Influence
    (§ 21-901(a)(1)): A fine of not more than $1,000 or imprisonment for not more than 1 year or both.
  • Driving Under the Influence per se
    (§ 21-902(a)(2)): A fine of not more than $1,000 or imprisonment for not more than 1 year or both.
  • Driving Under the Influence while transporting a minor
    (§ 21-902(a)(3)): A fine of not more than $2,000 or imprisonment for not more than 2 years or both.
  • Driving While Impaired
    (§ 21-902(b)(1)): A fine of not more than $500 or imprisonment for not more than 2 months or both.
  • Driving While Impaired while transporting a minor
    (§ 21-902(b)(2)): A fine of not more than $1,000 or imprisonment for not more than 6 months or both.
  • Driving While Impaired by Drugs or Drugs and Alcohol
    (§ 21-902(c)(1)): A fine of not more than $500 or imprisonment for not more than 2 months or both.
  • Driving While Impaired by Drugs or Drugs and Alcohol while transporting a minor
    (§ 21-902(c)(3)): A fine of not more than $1,000 or imprisonment for not more than 6 months or both.
  • Driving While Impaired by Controlled Dangerous Substance
    (§ 21-902(d)(1)): A fine of not more than $1,000 or imprisonment for not more than 1 year of both.
  • Driving While Impaired by Controlled Dangerous Substance while transporting a minor
    (§ 21-902(d)(2)): A fine of not more than $2,000 or imprisonment for not more than 2 years or both.
  • Driving After Arrest for Violation of DUI or DWI
    (§ 21-902.1): A fine of not more than $500 or imprisonment for not more than 2 months or both.

Second Offense DUI or DWI Conviction in Maryland: Imprisonment and/or Fines

  • Driving Under the Influence
    (§ 21-901(a)(1)): A fine of not more than $2,000, or imprisonment for not more than 2 years, or both
  • Driving Under the Influence per se
    (§ 21-902(a)(2)): A fine of not more than $2,000, or imprisonment for not more than 2 years, or both
  • Driving Under the Influence while transporting a minor
    (§ 21-902(a)(3)): A fine of not more than $3,000, or imprisonment for not more than 3 years, or both.
  • Driving While Impaired
    (§ 21-902(b)(1): A fine of not more than $500 or imprisonment for not more than 1 year of both.
  • Driving While Impaired while transporting a minor
    (§ 21-902(b)(2)): A fine or not more than $2,000 or imprisonment for not more than 1 year or both.
  • Driving While Impaired by Drugs or Drugs and Alcohol
    (§ 21-902(c)(1)): A fine of not more than $500 or imprisonment for not more than 1 year of both.
  • Driving While Impaired by Drugs or Drugs and Alcohol while transporting a minor
    (§ 21-902(c)(3)): A fine or not more than $2,000 or imprisonment for not more than 1 year or both.
  • Driving While Impaired by Controlled Dangerous Substance
    (§ 21-902(d)(1))
  • Driving While Impaired by Controlled Dangerous Substance while transporting a minor
    (§ 21-902(d)(2)): A fine of not more than $3,000, or imprisonment for not more than 3 years, or both
  • Driving After Arrest for Violation of DUI or DWI
    (§ 21-902.1): A fine of not more than $500 or imprisonment for not more than 2 months or both.

Third Offense DUI or DWI Conviction in Maryland:Imprisonment and/or Fines

  • Driving Under the Influence
    (§ 21-901(a)(1)): A fine or not more than $3,000, or imprisonment for not more than 3 years, or both.
  • Driving Under the Influence per se
    (§ 21-902(a)(2)): A fine or not more than $3,000, or imprisonment for not more than 3 years, or both.
  • Driving Under the Influence while transporting a minor
    (§ 21-902(a)(3)): A fine or not more than $4,000, or imprisonment for not more than 4 years, or both.
  • Driving While Impaired
    (§ 21-902(b)(1): A fine of not more than $500 or imprisonment for not more than 1 year of both.
  • Driving While Impaired while transporting a minor
    (§ 21-902(b)(2)): A fine or not more than $2,000 or imprisonment for not more than 1 year or both.
  • Driving While Impaired by Drugs or Drugs and Alcohol
    (§ 21-902(c)(1)): A fine of not more than $500 or imprisonment for not more than 1 year of both.
  • Driving While Impaired by Drugs or Drugs and Alcohol while transporting a minor
    (§ 21-902(c)(3)): A fine or not more than $2,000 or imprisonment for not more than 1 year or both.
  • Driving While Impaired by Controlled Dangerous Substance
    (§ 21-902(d)(1)): A fine of not more than $2,000 or imprisonment for not more than 3 years or both.
  • Driving While Impaired by Controlled Dangerous Substance while transporting a minor
    (§ 21-902(d)(2)): A fine or not more than $4,000, or imprisonment for not more than 4 years, or both.
  • Driving After Arrest for Violation of DUI or DWI
    (§ 21-902.1): A fine of not more than $500 or imprisonment for not more than 2 months or both.

Fourth Offense or (More than 4) DUI or DWI Conviction in Maryland:

  • Driving Under the Influence
    (§ 21-901(a)(1)): A fine or not more than $3,000, or imprisonment for not more than 3 years, or both.
  • Driving Under the Influence per se
    (§ 21-902(a)(2)): A fine or not more than $3,000, or imprisonment for not more than 3 years, or both.
  • Driving Under the Influence while transporting a minor
    (§ 21-902(a)(3)): A fine or not more than $4,000, or imprisonment for not more than 4 years, or both.
  • Driving While Impaired
    (§ 21-902(b)(1): A fine of not more than $500 or imprisonment for not more than 1 year of both.
  • Driving While Impaired while transporting a minor
    (§ 21-902(b)(2)): A fine or not more than $2,000 or imprisonment for not more than 1 year or both.
  • Driving While Impaired by Drugs or Drugs and Alcohol
    (§ 21-902(c)(1)): A fine of not more than $500 or imprisonment for not more than 1 year of both.
  • Driving While Impaired by Drugs or Drugs and Alcohol while transporting a minor
    (§ 21-902(c)(3)): A fine or not more than $2,000 or imprisonment for not more than 1 year or both.
  • Driving While Impaired by Controlled Dangerous Substance
    (§ 21-902(d)(1)): A fine of not more than $2,000 or imprisonment for not more than 3 years or both.
  • Driving While Impaired by Controlled Dangerous Substance while transporting a minor
    (§ 21-902(d)(2)): A fine or not more than $4,000, or imprisonment for not more than 4 years, or both.
  • Driving After Arrest for Violation of DUI or DWI
    (§ 21-902.1): A fine of not more than $500 or imprisonment for not more than 2 months or both.

Mandatory Sentences for DUI or DWI 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.

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 - 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. What 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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