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Maryland DUI Laws

What are the Maryland DUI Laws? Do you want to know the Maryland DUI Laws?  Maryland DUI Defense Attorney Randolph Rice has compiled all of the Maryland DUI laws as well as the penalty section of the Maryland Code.

If you’ve been charged with DUI in Maryland, contact the Law Offices of G. Randolph Rice, Jr, LLC, at 410-288-2900 or email the office for immediate DUI help.

Maryland DUI Attorney Randolph Rice explains the Maryland DUI laws and how they can affect you if you’ve been charged with Driving While Under the Influence of Alcohol in Maryland (“DUI”)

Maryland DUI Laws

Maryland Transportation Article 21-902 contains the laws that prohibit driving while under the influence of alcohol in Maryland. It states:

Article – Transportation

§21–902.

(a)    (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.

(b)    (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.

(c)    (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.

(d)    (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.

(e)   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.

Penalty for Driving While Under the Influence of Alcohol in Maryland

Maryland DUI laws, Transportation Article 27-101 provides the penalties for driving while under the influence of alcohol in Maryland.  The section sets our the classification of a DUI, penalties and enhanced penalties for subsequent DUI charges in Maryland.

Md. TRANSPORTATION Code Ann. § 27-101  (2014)

§ 27-101. Penalties for misdemeanor

(a) Violation of vehicle laws a misdemeanor. — It is a misdemeanor for any person to violate any of the provisions of the Maryland Vehicle Law unless the violation:

(1) Is declared to be a felony by the Maryland Vehicle Law or by any other law of this State; or

(2) Is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.

(c) Penalties — $500 and 2 months. — Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $ 500 or imprisonment for not more than 2 months or both:

(22) Except as provided in subsections (f) and (q) of this section, § 21-902(b) (“Driving while impaired by alcohol”);

(23) Except as provided in subsections (f) and (q) of this section, § 21-902(c) (“Driving while impaired by drugs or drugs and alcohol”);

(24) § 21-902.1 (“Driving within 12 hours after arrest”);

(f) Penalties — $500 and 1 year; prior conviction of § 21-902(a). —

(1) A person is subject to a fine not exceeding $ 500 or imprisonment not exceeding 1 year or both, if the person is convicted of:

(i) A violation of § 14-103 of this article (“Possession of motor vehicle master key”); or

(ii) Except as provided in subsection (q) of this section, a second or subsequent violation of:

1. § 21-902(b) of this article (“Driving while impaired by alcohol”); or

2. § 21-902(c) of this article (“Driving while impaired by drugs or drugs and alcohol”).

(2) Except as provided in subsection (q) of this section, for the purpose of second or subsequent offender penalties for a violation of § 21-902(b) of this article provided under paragraph (1) of this subsection, a prior conviction of § 21-902(a), (c), or (d) of this article shall be considered a conviction of § 21-902(b) of this article.

(3) Except as provided in subsection (q) of this section, for the purpose of second or subsequent offender penalties for a violation of § 21-902(c) of this article provided under paragraph (1) of this subsection, a prior conviction of § 21-902(a), (b), or (d) of this article shall be considered a conviction of § 21-902(c) of this article.

(j) Mandatory minimum penalty. —

(1) In this subsection, “imprisonment” includes confinement in:

(i) An inpatient rehabilitation or treatment center; or

(ii) Home detention that includes electronic monitoring for the purpose of participating in an alcohol treatment program that is:

1. Certified by the Department of Health and Mental Hygiene;

2. Certified by an agency in an adjacent state that has powers and duties similar to the Department of Health and Mental Hygiene; or

3. Approved by the court.

(2) (i) A person who is convicted of a violation of § 21-902(a) of this article within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

(ii) A person who is convicted of a third or subsequent offense under § 21-902(a) of this article within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

(3) (i) A person who is convicted of a violation of § 21-902(d) of this article within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

(ii) A person who is convicted of a third or subsequent offense under § 21-902(d) of this article within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

(4) A person who is convicted of an offense under § 21-902(a) of this article within 5 years of a prior conviction of any offense under that subsection shall be required by the court to:

(i) Undergo a comprehensive alcohol abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is:

1. Certified by the Department of Health and Mental Hygiene;

2. Certified by an agency in an adjacent state that has powers and duties similar to the Department of Health and Mental Hygiene; or

3. Approved by the court.

(5) A person who is convicted of an offense under § 21-902(d) of this article within 5 years of a prior conviction of any offense under that subsection shall be required by the court to:

(i) Undergo a comprehensive drug abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is:

1. Certified by the Department of Health and Mental Hygiene;

2. Certified by an agency in an adjacent state that has powers and duties similar to the Department of Health and Mental Hygiene; or

3. Approved by the court.

(6) The penalties provided by this subsection are mandatory and are not subject to suspension or probation.

(k) Violation of § 21-902(a). —

(1) Except as provided in subsection (q) of this section, any person who is convicted of a violation of any of the provisions of § 21-902(a) of this article (“Driving while under the influence of alcohol or under the influence of alcohol per se”) or § 21-902(d) of this article (“Driving while impaired by controlled dangerous substance”):

(i) For a first offense, shall be subject to a fine of not more than $ 1,000, or imprisonment for not more than 1 year, or both;

(ii) For a second offense, shall be subject to a fine of not more than $ 2,000, or imprisonment for not more than 2 years, or both; and

(iii) For a third or subsequent offense, shall be subject to a fine of not more than $ 3,000, or imprisonment for not more than 3 years, or both.

(2) For the purpose of second or subsequent offender penalties for violation of § 21-902(a) of this article provided under this subsection, a prior conviction under § 21-902(b), (c), or (d) of this article, within 5 years of the conviction for a violation of § 21-902(a) of this article, shall be considered a conviction under § 21-902(a) of this article.

(3) For the purpose of second or subsequent offender penalties for violation of § 21-902(d) of this article provided under this subsection, a prior conviction under § 21-902(a), (b), or (c) of this article, within 5 years of the conviction for a violation of § 21-902(d) of this article, shall be considered a conviction under § 21-902(d) of this article.

(q) Violation of § 21-902. —

(1) Any person who is convicted of a violation of § 21-902(a)(3) or (d)(2) of this article is subject to:

(i) For a first offense, a fine of not more than $ 2,000 or imprisonment for not more than 2 years or both;

(ii) For a second offense, a fine of not more than $ 3,000 or imprisonment for not more than 3 years or both; and

(iii) For a third or subsequent offense, a fine of not more than $ 4,000 or imprisonment for not more than 4 years or both.

(2) Any person who is convicted of a violation of § 21-902(b)(2) or (c)(3) of this article is subject to:

(i) For a first offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both; and

(ii) For a second or subsequent offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both.

(3) For the purpose of determining second or subsequent offender penalties provided under this subsection, a prior conviction of any provision of § 21-902 of this article that subjected a person to the penalties under this subsection shall be considered a prior conviction.

(x) Enhanced penalties.

(1) In this section, “test” has the meaning stated in § 16-205.1 of this article.

(2) The penalties in this subsection are in addition to any other penalty under this title imposed for a violation of § 21-902 of this article.

(3) Subject to paragraph (4) of this subsection, if a person is convicted of a violation of § 21-902 of this article and the trier of fact finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the same circumstances as the violation, the person is subject to a fine of not more than $ 500 or imprisonment for not more than 2 months or both.

(4) A court may not impose an additional penalty under this subsection unless the State’s Attorney serves notice of the alleged test refusal on the defendant or the defendant’s counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial in a circuit court or 5 days before trial in the District Court, whichever is earlier.

Maryland Attorney Randolph Rice discusses what happens after a DUI in Maryland:

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Call 410-288-2900 if you’ve been charged with DUI in Maryland.

Click this link for more information on impaired driving in Maryland.

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