Maryland DUI Penalties Chart

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Maryland DUI Penalties Chart

DUI is shorthand for “driving under the influence,” while DWI stands for “driving while impaired.” We have provided this Maryland DUI penalties chart as of 10/1/2017. Disclaimer: the Maryland DUI laws and penalties vary from year to year, you should speak with a DUI lawyer for an updated penalty chart.

Maryland Transportation Article 21-902 lays out the DUI and DWI laws in Maryland. The article contains 9 different DUI and DWI crimes a driver may be charged with is suspected of drunk driving. Those articles are:

  • TA 21-902(a)(1)(i) – Driving under the influence of alcohol
  • TA 21-902(a)(1)(ii) – Driving under the influence of alcohol per se
  • TA 21-902(a)(2)(i) – Driving under the influence of alcohol while transporting a minor
  • TA 21-902(b)(1)(i) – Driving while impaired by alcohol
  • TA 21-902(b)(2)(i) – Driving while impaired by alcohol while transporting a minor
  • TA 21-902(c)(1)(i) – Driving while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol
  • TA – 2109(c)(2)(i) – Driving while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol while transporting a minor
  • TA 21-902(d)(1)(i) – Driving while impaired by a controlled dangerous substance (CDS)
  • TA 21-902(d)(2)(i) – Driving while impaired by a controlled dangerous substance while transporting a minor

Driving Under the Influence of Alcohol & DUI Per Se Penalties

The penalty for driving under the influence of alcohol and driving under the influence of alcohol per se are the same. Below is the Maryland DUI penalties chart for DUI (21-902(a)).

First Offense

  • Maximum penalty of 1 year in jail or a fine of not more than $1,000.00, or both.

Second Offense

  • Maximum penalty of 2 years in jail or a fine of not more than $2,000.00, or both.

Third or Subsequent Offense

  • Maximum penalty of 3 years in jail or a fine or not more than $3,000.00, or both.

Enhanced Penalties for DUI in Maryland

For the purpose of determining enhanced penalties for DUI and DWI in Maryland, a prior conviction under TA 21-902(a), (b), (c), or (d) within 5 years before the new conviction is considered a prior conviction and triggers enhanced penalties. The State must file notice of subsequent offender for the defendant to be subjected to the enhanced penalties.

Driving Under the Influence (TA 21-902(a)) of Alcohol While Transporting a Minor

The penalty for driving under the influence of alcohol while transporting a minor is:

First Offense

  • Maximum penalty of 2 years in jail or a fine of not more than $2,000.00, or both.

Second Offense

  • Maximum penalty of 3 years in jail or a fine of not more than $3,000.00, or both.

Third of Subsequent Offense

  • Maximum penalty of 4 years in jail or a fine or not more than $4,000.00, or both.

Driving While Impaired and Related DWI Offenses in Maryland

The penalty for driving while impaired by alcohol, driving while impaired by any drug, combination of drugs, or combination of one or more drugs and alcohol are the same in Maryland.

First Offense

  • Maximum penalty of 2 months in jail or a $500.00 fine, or both.

Second Offense

  • Maximum penalty of 1 year in jail or a $500.00 fine, or both.

Third or Subsequent Offense

  • Maximum penalty of 3 years in jail or a $3000.00 fine, or both.

Driving While Impaired by a Controlled Dangerous Substance

The Maryland DUI penalties chart for driving while impaired by a controlled dangerous substance are as follows:

First Offense

  • Maximum penalty of 1 year in jail or a fine of no more than $1,000.00, or both.

Second Offense

  • Maximum penalty of 2 years in jail or a fine of no more than $2,000.00, or both.

Third of Subsequent Offense

  • Maximum penalty of 3 years in jail or a fine of no more than $3,000.00, or both.
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