Maryland DWI Lawyer | DUI Attorney in Baltimore

DUI/DWI Penalties in Maryland

Have you been charged with DUI/DWI or are you curious about what would happen if you get a DUI/DWI? We are Maryland DUI/DWI defense attorneys and below are the penalties for DUI/DWI in Maryland.

Step 1: Determine Your Charges

The maximum penalty depends on the section of the Maryland Transportation Code you have been charged. Look at your tickets and determine if you have been charged with transportation article:

  • 21-902(a)(1)
  • 21-902(a)(2)
  • 21-902(a)(3)
  • 21-902(b)(1)
  • 21-902(b)(2)
  • 21-902(c)(1)
  • 21-902(c)(3)
  • 21-902(d)(1)
  • 21-902(d)(2)
  • 21-902.1

You may be charged with more than one section of the DUI/DWI laws. This is done in case the State cannot prove one of the more serious offenses, they can try to convict you of a lesser offense.

Step 2: Prior DUI Conviction(s)

If you have never been convicted of DUI then you are a considered a 1st-time offender, refer to the first column of the chart below.  If you have been convicted of a previous DUI, then refer to the second column. If you are a third or subsequent offender, refer to the third column. If you had a minor in the vehicle at the time of the arrest, then you could also be charged with an enhanced penalty.

DUI/DWI Penalty – Baltimore, Maryland

Offense1st Offense2nd Offense3rd or Subsequent OffenseMVA Point AssessmentMandatory Penalty
21-902(a)(1) Driving while under the influence of alcoholA fine of not more than $1,000, or imprisonment for not more than 1 year, or bothA fine of not more than $2,000, or imprisonment for not more than 2 years, or bothA fine of not more than $3,000, or imprisonment for not more than 3 years, or both12 PointsA person who is convicted of a violation of 21–902(a) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(a) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(a)(2) Driving while under the influence of alcohol per seA fine of not more than $1,000, or imprisonment for not more than 1 year, or bothA fine of not more than $2,000, or imprisonment for not more than 2 years, or bothA fine of not more than $3,000, or imprisonment for not more than 3 years, or both12 PointsA person who is convicted of a violation of 21–902(a) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(a) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(a)(3) Driving while under the influence of alcohol while transporting a minorA fine of not more than $2,000 or imprisonment for not more than 2 years or bothA fine of not more than $3,000 or imprisonment for not more than 3 years or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both12 PointsA person who is convicted of a violation of 21–902(a) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(a) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(b)(1) Driving while impaired by alcoholA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine not exceeding $500 or imprisonment not exceeding 1 year or bothA fine not exceeding $3,000 or imprisonment not exceeding 3 years or both8 PointsN/A
21-902(b)(2) Driving while impaired by alcohol while transporting a minorA fine of not more than $1,000 or imprisonment for not more than 6 months or bothA fine of not more than $2,000 or imprisonment for not more than 1 year or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both8 PointsN/A
21-902(c)(1) Driving while impaired by drugs or drugs and alcoholA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine not exceeding $500 or imprisonment not exceeding 1 year or bothA fine not exceeding $3,000 or imprisonment not exceeding 3 years or both8 PointsN/A
21-902(c)(3) Driving while impaired by drugs or drugs and alcohol while transporting a minorA fine of not more than $1,000 or imprisonment for not more than 6 months or bothA fine of not more than $2,000 or imprisonment for not more than 1 year or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both8 PointsN/A
21-902(d)(1) Driving while impaired by controlled dangerous substanceA fine of not more than $1,000, or imprisonment for not more than 1 year, or bothA fine of not more than $2,000, or imprisonment for not more than 2 years, or bothA fine of not more than $3,000, or imprisonment for not more than 3 years, or both12 PointsA person who is convicted of a violation of 21–902(d) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(d) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902(d)(2) Driving while impaired by controlled dangerous substance while transporting a minorA fine of not more than $2,000 or imprisonment for not more than 2 years or bothA fine of not more than $3,000 or imprisonment for not more than 3 years or bothA fine of not more than $4,000 or imprisonment for not more than 4 years or both12 PointsA person who is convicted of a violation of 21–902(d) within 5 years after a prior conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under 21–902(d) within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days
21-902.1 Driving after arrest for drunk drivingA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine of not more than $500 or imprisonment for not more than 2 months or bothA fine of not more than $500 or imprisonment for not more than 2 months or both8 PointsN/A

§21-902(a)(1) – Driving While Under the Influence of Alcohol DUI/DWI Penalties in Maryland Based on Statute

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Third or subsequent offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(a)(2) – Driving While Under the Influence of Alcohol Per Se

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Third or subsequent offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(a)(3) – Driving While Under the Influence of Alcohol While Transporting a Minor

  • First offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Second offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

§21-902(b)(1) – Driving While Impaired by Alcohol

  • First offense – Fine of not more than $500, or imprisonment for not more than 60 days, or both.
  • Second Offense – Fine of not more than $500, or imprisonment for not more than 1 year, or both.
  • Third Offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(b)(2) – Driving While Impaired by Alcohol While Transporting a Minor

  • First offense – Fine of not more than $1000, or imprisonment for not more than 6 months, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 1 year, or both.
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

§21-902(c)(1) – Driving While Impaired by Drugs or Drugs and Alcohol

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year.
  • Second offense – Fine of not more than $500, or imprisonment for not more than 1 year, or both.
  • Third offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(c)(3) – Driving While Impaired by Drugs or Drugs and Alcohol While Transporting a Minor

  • First offense – Fine of not more than $1000, or imprisonment for not more than 6 months, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 1 year, or both.
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

§21-902(d)(1) – Driving While Impaired by Controlled Dangerous Substance

  • First offense – Fine of not more than $1000, or imprisonment for not more than 1 year, or both.
  • Second offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Third or subsequent offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both.

§21-902(d)(2) – Driving While Impaired by Controlled Dangerous Substance While Transporting a Minor

  • First offense – Fine of not more than $2000, or imprisonment for not more than 2 years, or both.
  • Second offense – Fine of not more than $3000, or imprisonment for not more than 3 years, or both
  • Third or subsequent offense – Fine of not more than $4000, or imprisonment for not more than 4 years, or both.

DUI DWI Penalties – Mandatory and Underage convictions

Mandatory Sentence for DUI or DWI conviction 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.  DUI DWI penalties in Maryland can be serious and affect the rest of your life, don’t go to Court alone, call our office(410) 288-2900 for a Free same day consultation.

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 – DUI DWI 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.

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 there are administrative penalties.  Read our blog post on the administrative penalties for a DUI/DWI for the possible penalties.

View Randolph speak about DUI & DWI in Maryland

 

If you’ve been charged with DUI or DWI in Maryland, you should hire an attorney to represent you. Contact attorney Randolph Rice at (410) 288-2900 or email his office to schedule a FREE, no obligation, legal consultation.

Featured Testimonial

“I can’t believe that I got a DUI. I am 35 and have never been in trouble before. I was coming from a bar in Baltimore and was pulled over by the State Police. I took the tests and was so scared that I would lose my job. I immediately called Randolph Rice and he put my mind at ease. He was able to walk me through the process and took care of everything. Before court he prepared me for what to expect. He returned all phone calls and was great at the trial. We had a trial and I won! I am so happy that he made this go away and helped me through a tough time in my life, thank you!”

Review by: Tom M.
Reviewing: Maryland DUI Defense Attorney
Date published: 2014-09-07
Rating: ★★★★★ 5 / 5 stars
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