Maryland's laws prohibiting intoxicated driving include two categories of offenses—DWIs (driving while intoxicated) and DUIs (driving under the influence.
DUIs. A person can get a DUI for driving with a blood alcohol content (BAC) of .08% or greater or while substantially impaired by alcohol or a controlled substance.
DWIs. A driver can be convicted of a DWI if driving while his or her normal condition is affected by alcohol to some extent. This is level of intoxication is considered a lower standard than that of a DUI. Driving under the influence of legal drugs (such as prescribed medications) carries the same penalties as a DWI.
An intoxicated driving conviction does not require that the vehicle be actually in motion. "Actual physical control" of a vehicle—which can include sleeping in a running car or having the ignition on in a parked car—is sufficient.
The penalties for a DUI are dependent on the number of prior convictions the driver has within the last five years.
|
1st Offense |
2nd Offense |
3rd Offense |
|
|---|---|---|---|
|
Jail |
1-year maximum |
2-year maximum |
5-year maximum |
|
Fines |
$1,000 maximum |
$2,000 maximum |
$5,000 maximum |
A driver with a prior intoxicated driving offense that occurred within the last five years will be required to serve a minimum of five days in jail (ten days if two priors) and complete an alcohol and drug assessment.
The penalties for a DWI (and a DUI due to legal drugs) are less severe than those for a standard DUI. Penalties also depend on the number of prior offenses the driver has that occurred within the driver's lifetime.
|
1st Offense |
2nd Offense |
3rd Offense |
|
|
Jail |
2-month maximum |
1-year maximum |
5-year maximum |
|
Fines |
$500 maximum |
$500 maximum |
$5,000 maximum |
Generally, an intoxicated driving offense in Maryland will result in driver's license penalties. There are several types of license suspension. Basically, convictions and arrests where the driver fails a chemical test or refuses a chemical test in violation of the state's implied consent laws result in suspensions. But when multiple suspensions result from a single incident—which often is the case—the suspensions will normally overlap.
|
1st Offense |
2nd Offense |
3rd Offense |
|
|---|---|---|---|
|
DWI Conviction |
6-month suspension |
9-month suspension |
12-month suspension |
|
DUI Conviction |
6-month suspension |
12-month suspension |
18-month suspension |
|
Test Refusal |
270-day suspension |
2-year suspension |
2-year suspension |
|
Test Failure at Least .08% BAC |
180-day suspension |
180-day suspension |
180-day suspension |
|
Test Failure at Least .15% BAC |
180-day suspension |
270-day suspension |
270-day suspension |
|
Fatality Accident & at Least .08% BAC |
1-month suspension |
1-year suspension |
1-year suspension |
|
Fatality accident & at Least .15% BAC |
1-year suspension |
Permanent revocation |
Permanent revocation |
A suspended driver who had a BAC that was less than .15% may be eligible for a hardship license but will be subject to travel and ignition interlock device (IID) restrictions.
Ignition interlock program. The ignition interlock program is an option for all offenders—and required for some offenders—suspended for an intoxicated driving incident. Pursuant to the program, a driver who installs and maintains an IID will generally be eligible for license reinstatement after 180 days. However, drivers who refused testing or had a BAC of .15% or more must hold the IID for one year prior to license reinstatement.