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Baltimore DUI/DWI Defense Attorney

If charged with DUI or DWI in Maryland, it is important that you speak with a Maryland DUI lawyer as soon as possible. The consequences of a DUI or DWI in Maryland can be devastating, call DUI lawyer Randolph Rice at 410.288.2900 today to discuss your options. You can also email Mr. Rice to discuss your options, as well as schedule a free consultation in his Baltimore office or Lutherville office.  Baltimore DUI attorney can be helpful in explaining the charges, maximum penalties, administrative and collateral consequences of a DUI arrest in Maryland. In addition to providing invaluable information about the case, a Maryland DUI attorney can mitigate any punishment by the Court and try the case before a Judge or Jury.

The moment an individual is stopped or suspected of drunk driving or driving while impaired, there are a number of decisions an individual must make. Should I take the field sobriety test? Should I take the breath or blood test? Should I request a MVA hearing? Should I pay the other tickets associated with the DUI or DWI charges? These are all normal questions asked by very person charged with DUI in Maryland. These are also questions that should be asked to an experienced DUI lawyer. Prosecutors and Judges take DUI charges serious in Maryland and the punishments can include everything from a PBJ to jail time. If facing DUI charges in Maryland, contact a Maryland DUI attorney sooner rather than later to begin the process. Make sure you hire a lawyer that knows the law and can fight for your case.

Maryland DUI Lawyer Randolph Rice

Have you been charged with driving under the influence (DUI) or driving while intoxicated (DWI) and you need a Baltimore DUI attorney? A DUI or DWI conviction can appear to be devastating, but there is hope that we can protect your license and freedom. Call the office today at 410.288.2900 to schedule a free consultation. Driving Under the Influence (DUI) and Driving While Impaired (DWI) are serious offenses in the state of Maryland. There has been a national push by organizations to reduce the number of people that drive while under the influence or impaired by alcohol, drugs, or controlled dangerous substances.

The information below outlines the DUI and DWI offenses in the state of Maryland which our contained in the Maryland Vehicle Law section §21-902. If you’ve been charge with a DUI (21-902(a)) or DWI (21-902(b)) in Maryland, you need to contact an experienced and aggressive Driving under the influence lawyer or, Driving while intoxicated defense attorney.  Attorney G. Randolph Rice, Jr., (office 410-288-2900) has helped thousands of clients navigate the Courts and MVA hearings in regards to their DUI and DWI arrest.

Whether it is your first DUI/DWI or you’re facing a second, third, or forth, you need a drunk driving lawyer that is in Court everyday representing client charged with driving under the influence or driving while impaired.  Contact the office 24/7 at 410-288-2900. We have our own breath test equipment and we can meet you at the police precinct or barracks to advise you on the best course of action after your DUI or DWI arrest.

DUI Penalty in Maryland

The Maryland DUI penalties vary in Maryland depending on the record of the Defendant and the circumstances of the DUI arrest. There are two separate and independent governmental tribunals or agencies that can take action against and individual after a DUI arrest in Maryland, the Motor Vehicle Administration (MVA) and the Courts. The MVA can enforce administrative penalties on a driver and the Court can impose probation, fines and jail time for a DUI.

MVA Administrative Penalties

Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this Maryland is deemed to have consented to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance or in violation of an alcohol restriction.

This means, that if a driver is stopped and the officer has reasonable grounds to believe the person is driving and has consumed alcohol, then the officer can request the person take a test, either breath or blood. A person may not be compelled to take a test. However, the detaining officer shall advise the person that there may be administrative penalties to refusal of a test or the results of a test.

Breath Test of 0.08 or higher

If a driver decides to take the test (breath or blood) and the test result indicates an alcohol concentration of 0.08 or more at the time of testing, for a first offense, the MVA can suspend the driver’s license for 45 days or for a second or subsequent offense, suspend the driver’s license for 90 days.

Breath Test of 0.15 or higher

If a driver takes a breath or blood test resulting in an alcohol concentration of 0.15 or more at the time of testing, the MVA can suspend the person’s driving privilege for 90 days for a first offense or suspend the person’s driving privilege for 180 days for a second or subsequent incident.

Breath test of 0.08 or higher and a death as a result of an accident

If a driver takes a test resulting in an alcohol concentration of 0.08 or more at the time of testing, and if the person was involved in a motor vehicle accident that resulted in the death of another person, for a first offense, suspend the person’s driving privilege for 6 months or for a second or subsequent offense, suspend the person’s driving privilege for 1 year.

Breath test of 0.15 or higher and a death as a result of an accident

If a driver takes a test and has an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person, for a first offense, suspend the person’s driving privilege for 1 year or for a second or subsequent offense, revoke the person’s driving privilege; or

Refusal to Take Test Penalty

If a driver refuses to take a test, the MVA can suspend the driver’s license for 120 days for a first offense or 1 year for a second or subsequent refusal to take the the breath of blood test.

DUI and Out of State Licensed Drivers in Maryland

If a driver is a nonresident of Maryland or and unlicensed person the MVA to following administrative penalties may apply.

Breath test of 0.08 or higher for out of state of unlicensed driver

If an unlicensed or out of state driver takes the test and the results of the test are 0.08 or more at the time of testing, the MVA can suspend the driver’s privilege to drive for 45 days for a first offense and 90 days for a second or subsequent offense.

Breath test of 0.15 or higher for an out of state or unlicensed driver in Maryland

For an unlicensed or out of State driver that takes a test resulting in an alcohol concentration of 0.15 or more at the time of testing, the MVA can suspend the driver’s privilege to drive in Maryland for 90 days for the first offense and 180 days for a second of subsequent offense.

DUI and Out of State Drivers with a test result of 0.08 or higher and a death

For a test result indicating an alcohol concentration of 0.08 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person, for a first offense, suspend the person’s driving privilege for 6 months or for a second or subsequent offense, suspend the person’s driving privilege for 1 year.

DUI and Out of State Driver with a test result of 0.15 or higher and death

For a test result indicating an alcohol concentration of 0.15 or more at the time of testing, if the person was involved in a motor vehicle accident that resulted in the death of another person for a first offense, suspend the person’s driving privilege for 1 year or for a second or subsequent offense, revoke the person’s driving privilege; or

DUI Refusal for Out of State Driver or Unlicensed Driver in Maryland

If an out of State driver or an unlicensed driver refuses to take the breath or blood test in Maryland after a DUI arrest the MVA can, for a first offense, suspend the person’s driving privilege for 120 days or for a second or subsequent offense, suspend the person’s driving privilege for 1 year; and

Court Penalties in Maryland for a DUI

In addition to the administrative penalties in Maryland for a DUI, the courts can impose fines, costs, probation, or jail. During that period of probation, the Court can order a number of conditions to be followed or completed.

Maryland DUI Penalty Chart

For more information about Maryland DUI and DWI penalties, check out of Maryland DUI penalty page.

DUI & DWI Penalty in Maryland

DWI conviction – Maryland Penalty – First Offense

Any person who is convicted of §21-902(b) (“Driving while impaired by alcohol”), §21-902(c) (“Driving while impaired by drugs or drugs and alcohol”), §21-902.1 (“Driving within 12 hours after arrest”);  is subject to a fine of not more than $500 or imprisonment for not more than 2 months or both.

DWI Conviction – Maryland Penalty – Second, Third or Subsequent Offense

A person is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both, if the person is convicted of a second violation of §21-902(b) (“Driving while impaired by alcohol”) or §21-902(c) of this article (“Driving while impaired by drugs or drugs and alcohol”).

A person who is convicted of a third or subsequent violation of §21-902(b) or (c) is subject to a fine not exceeding $3,000 or imprisonment not exceeding 3 years or both. For the purpose of second or subsequent offender penalties for a violation of § 21–902(b), a prior conviction of §21-902(a), (c), or (d) shall be considered a conviction of §21-902(b). For the purpose of second or subsequent offender penalties for a violation of §21-902(c) a prior conviction of § 21–902(a), (b), or (d) shall be considered a conviction of §21-902(c).

DUI Conviction in Maryland – Enhanced Penalties

Any person who is convicted of a violation of any of the provisions of §21-902(a) (“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” shall be subject to a fine of not more than $1,000, or imprisonment for not more than 1 year, or both for a first offense. For a second offense, the person shall be subject to a fine of not more than $2,000, or imprisonment for not more than 2 years, or both. For a third or subsequent offense, a person shall be subject to a fine of not more than $3,000, or imprisonment for not more than 3 years, or both.

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

DUI & DWI in Maryland With a Minor in the Car – Alcohol and CDS

Any person who is convicted of a violation of §21-902(a)(3) (“Driving While Under the Influence While Transporting a Minor”) or (d)(2) (“Driving While Impaired by a Dangerous Substance While Transporting a Minor”) is subject, for a first offense, a fine of not more than $2,000 or imprisonment for not more than 2 years or both. For a second offense, a fine of not more than $3,000 or imprisonment for not more than 3 years or both. For a third or subsequent offense, a fine of not more than $4,000 or imprisonment for not more than 4 years or both.

DUI and DWI While Transporting a Minor – Alcohol and Drugs

Any person who is convicted of a violation of §21-902(b)(2) (“Driving while impaired by alcohol while transporting a minor”) or (c)(3) (“Driving while impaired by drugs or drugs and alcohol”) is subject to a fine of not more than $1,000 or imprisonment for not more than 6 months or both for a first offense. For a second offense, a fine of not more than $2,000 or imprisonment for not more than 1 year or both. For a third or subsequent offense, a fine of not more than $4,000 or imprisonment for not more than 4 years or both.

Determining Prior Convictions

For the purpose of determining second or subsequent offender penalties, a prior conviction of any provision of §21-902 that subjected a person to the enhanced penalties shall be considered a prior conviction.

Mandatory Penalties for DUI Conviction in Maryland

A 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.

A 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.

A person who is convicted of an offense under §21-902(a) within 5 years of a prior conviction of any DUI offense shall be required by the court to undergo a comprehensive alcohol abuse assessment and if recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is certified by the Department of Health and Mental Hygiene; certified by an agency in an adjacent state that has powers and duties similar to the Department of Health and Mental Hygiene or approved by the court.

A person who is convicted of an offense under §21-902(d) within 5 years of a prior conviction of any DUI offense shall be required by the court to undergo a comprehensive drug abuse assessment and if recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is certified by the Department of Health and Mental Hygiene certified by an agency in an adjacent state that has powers and duties similar to the Department of Health and Mental Hygiene or approved by the court.

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

Drunk Driving Crimes in Maryland

DUI DWI crimes in Maryland are serious offenses that can land you in jail. Make sure you hire an experienced Maryland DUI DWI defense attorney, call attorney Randolph Rice to schedule a free consultation today.

Q: What if I am not Driving on a Highway in Maryland?

A: The DUI and DWI statues apply to all drivers whether they are driving a vehicle on or off a highway in the state of Maryland.

Driving Under the Influence of Alcohol or Under the Influence of Alcohol Per Se (§21-902(a)(1), §21-902(a)(2), §21-902(a)(3))

Transportation Section 21-902(a)(1) of the Maryland Vehicle laws states that a person may not drive or attempt to drive any vehicle while under the influence of alcohol. See the Driving under the influence and Driving while intoxicated Penalties for violation of this section.

Transportation Section 21-902(a)(2) of the Maryland Vehicle laws states that a person may not drive or attempt to drive any vehicle while under the influence of alcohol per se. See the DUI and DWI Penalties for violation of this section.

Transportation Section 21-902(a)(3) of the Maryland Vehicle laws states that a person may not violate Section 21-902(a)(1) or 21-902(a)(2) while transporting a minor. See the DUI and DWI Penalties for violation of this section.

Q: What is the legal limit for alcohol in Maryland?

A: The legal limit for alcohol in Maryland is 0.08.  Yet, if you have alcohol in your system, you can still be charged with DUI or DWI. The State may use other evidence to try and prove you were driving while under the influence or driving while impaired.

Q: How many points do you get for a DUI in Maryland?

A: You get 12 points for a DUI and 8 points for a DWI in Maryland.  You get 12 points for driving while impaired by controlled dangerous substances in Maryland.

Q: Is a DUI a felony or misdemeanor in Maryland?

A: DUI is classified as a misdemeanor in Maryland.

Q: What is the difference between a DUI and DWI?

A: The difference between a DUI and DWI is a DUI is driving while impaired and the sentence is higher and a DWI is driving while impaired and the sentence is less than a DUI.

 

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