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Maryland Transportation Code 21-902

If you’ve been charged with DUI (driving while under the influence) or DWI (driving while impaired) in Maryland, you’ll want to know what the law is as it pertains to Maryland Transportation Code §21-902.

Maryland DUI attorney Randolph Rice is available 24/7 to answer all of your DUI and DWI questions.  Contact the office at 410-288-2900 or email Mr. Rice for immediate legal help.

This Statute is current through 2014 legislation effective October 1, 2014

Transportation Title 21. Vehicle Laws – Rules of the Road
Subtitle 9.Reckless, Negligent, or Impaired Driving; Fleeing or Eluding Police.

We have only included the section 21-902 in this blog post, which refers to the crimes of driving while impaired and driving while under the influence or alcohol.

Maryland Transportation Code 21-902  (As of 2014)

Maryland Transportation Code 21-902Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance

21-902(a) Driving while under the influence of alcohol or under the influence of alcohol per se.

(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

21-902(b) Driving while impaired by alcohol.

(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.

21-902(c) Driving while impaired by drugs or drugs and alcohol.

(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) of this subsection while transporting a minor.

21-902(d) Driving while impaired by controlled dangerous substance.

(1) A person 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 this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.

21-902(e) Crime committed in another jurisdiction.

For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.

If you have been charged with driving while under the influence or driving while impaired in Maryland, you need to speak to a lawyer as soon after the arrest as possible.

Maryland DUI Attorney

The Law Offices of G. Randolph Rice, Jr., LLC, is a full service DUI and DWI defense law firm located in Baltimore Maryland.  Call the office at 410-288-2900 for immediate legal help.

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