• State Penal Code – Section 21-902
• Open Container Laws – None
• Repeat Offender Laws – Yes
• Check Points – Yes – Weekly
• Alcohol Exclusion Laws Limiting Treatment – None

There are four main factors that determine the severity of the penalties incurred:

1. The age of the driver
2. The substance impairing you. This may be drugs, or alcohol, or both
3. The category of your driver’s license (Restricted, CDL)
4. Whether you refused a chemical test

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Maryland are:

1st Refusal

• 120 day license revocation

2nd Refusal

• 1 year license revocation

3rd Refusal

• 1 year license revocation

• In Maryland the lookback period is 5 years
• Any arrest for DUI/DWI within 5 years of your first offense results in higher penalties

• Drivers under 21 with a BAC of .02% or more will be charged with DUI/DWI
• A BAC of .08% and above will result in the same penalties as drivers 21 and over

1st Offense

• 6 month license suspension

2nd Offense

• 1 year license suspension, or until you turn 21 (whichever period of time is longer)

– Maryland is unique in the way it categorizes impaired driving
– There are two separate categories that will incur penalties.
– DWI, which is defined by a minimum BAC of .07%, but not more than .08%
– DUI, which is defined by a minimum BAC of .08% and above.

The penalties for DWI are as follows:

1st Offense

• 6 month license suspension

• $500 fine (this can be as high as $1000 if a minor was in the vehicle)

• Prison (2 month maximum, this rises to 6 months if a minor was in the vehicle)

2nd Offense

• 1 year license suspension

• $500 fine (this can be as high as $2000 if a minor was in the vehicle)

• Prison (1 year maximum, sentence is increased with a minor in the vehicle at judges discretion)
• Installation of Ignition Interlock Device

– Maryland is unique in the way it categorizes impaired driving
– There are two separate categories that will incur penalties.
– DWI, which is defined by a minimum BAC of .07%, but not more than .08%
– DUI, which is defined by a minimum BAC of .08% and above.

The penalties for DUI are as follows:

1st Offense

• 6 month license revocation

• $1000 fine (this can go as high as $2000 if there was a minor in the vehicle)

• Prison (1 year maximum, this can go as high as 2 years if a minor was in the vehicle)
• Installation of Ignition Interlock Device (if BAC is .15% or above)

2nd Offense

• 1 year license suspension

• $2000 fine (this can go as high as $3000 if a minor was in a vehicle)

• Prison (2 year maximum, this will be higher if a minor was in the vehicle at judges discretion)
• Installation of Ignition Interlock Device

– You will be charged with an Aggravated DUI/DWI in Maryland under the following circumstances:

• driving with a minor in the vehicle
• BAC over .15%
• causing a serious car accident as a result of impaired driving

– These reflect the most common causes of an Aggravated charge
– Penalties are completely at the discretion of the judge.

• Maryland has a state sponsored Alcohol Education Program (AEP)
• This program can be court ordered as part of your penalty requirements
• It is generally an optional program available to offenders who are permitted to apply for restricted driving privileges during the license suspension period
• Successful completion of the AEP is required to restore driving privileges no matter what the length of the suspension/revocation.

• Those with a commercial driver’s license (CDL) are held to a stricter standard
• Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe
• An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL suspension
• A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

• SR-22 Insurance is a requirement in many states as a condition of restoring your driving privileges
• Most, but not all states have SR-22 statutes
• In Maryland an SR-22 must be filed with the Department of Motor Vehicles (DMV) before your driving privileges can be restored
• You must maintain your SR-22 for a period of 3 years following the restoration of your driving privileges
• Should you lapse at any point, your insurance company will inform the DMV and your license will be revoked

• Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
• Maryland does allow for plea bargains in DUI/DWI cases
• It can only be pleaded down to reckless driving
• This allows you to avoid a criminal record
• Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
• The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
• This plea bargain is typically only allowed for first time offenders with no aggravating factors involved