4 Versions Of DUI/DWI Laws & Penalties In Maryland

Maryland Code of Transportation Section 21-902 establishes the laws against and penalties for driving under the influence (DUI) and driving while impaired (DWI). Although these crimes appear under the same statute, DUI/DWI can fluctuate based on the type of substance involved, the number of previous offenses (if any), and the circumstances of the offense.

1. Driving While Under the Influence of Alcohol

Section 21-902(a) makes it unlawful to drive or attempt to drive any vehicle while under the influence of alcohol. This section also prohibits driving or attempting to drive while under the influence of alcohol per se, which refers to a blood-alcohol concentration (BAC) of 0.08 or more.

Any person who violates Section 21-902(a) can face the following penalties:

• First Conviction — A maximum of imprisonment for one year and $1,000 in criminal fines; or
• Second Conviction — A maximum of imprisonment for two years and $2,000 in criminal fines.

Any person who violates Section 21-902(a) while transporting a minor can face the following penalties:

• First Conviction — A maximum of imprisonment for two years and $2,000 in criminal fines; or
• Second Conviction — A maximum of imprisonment for three years and $3,000 in criminal fines.

2. Driving While Impaired by Alcohol

Section 21-902(b) makes it illegal to drive or attempt to drive any vehicle while impaired by alcohol and, thus, incapable of safe driving.

Any person who violates Section 21-902(b) can face the following penalties:

• First Conviction — A maximum of imprisonment for two months and $500 in criminal fines; or
• Second Conviction — A maximum of imprisonment for one year and $500 in criminal fines.

Any person who violates Section 21-902(b) while transporting a minor can face the following penalties:

• First Conviction — A maximum of imprisonment for one year and $1,000 in criminal fines; or
• Second Conviction — A maximum of imprisonment for two years and $2,000 in criminal fines.

3. Driving While Impaired by Drug(s) or Drugs and Alcohol

Section 21-902(c) makes it unlawful to drive or attempt to drive any vehicle while impaired by any drug, and thus incapable of safe driving. This section also prohibits driving or attempting to drive while impaired by a combination of drugs or a combination of any drug and alcohol.

Any person who violates Section 21-902(c) can face the following penalties:

• First Conviction — A maximum of imprisonment for two months and $500 in criminal fines; or
• Second Conviction — A maximum of imprisonment for one year and $500 in criminal fines.

Any person who violates Section 21-902(c) while transporting a minor can face the following penalties:

• First Conviction — A maximum of imprisonment for one year and $1,000 in criminal fines; or
• Second Conviction — A maximum of imprisonment for two years and $2,000 in criminal fines.

4. Driving While Impaired by any Controlled Substance(s)

Section 21-902(d) makes it illegal to drive or attempt to drive any vehicle while impaired by any controlled dangerous substance, and thus incapable of safe driving.

Any person who violates Section 21-902(d) can face the following penalties:

• First Conviction — A maximum of imprisonment for one year and $1,000 in criminal fines; or
• Second Conviction — A maximum of imprisonment for two years and $2,000 in criminal fines.

Any person who violates Section 21-902(d) while transporting a minor can face the following penalties:

• First Conviction — A maximum of imprisonment for two years and $2,000 in criminal fines; or
• Second Conviction — A maximum of imprisonment for three years and $3,000 in criminal fines.

Do You Need Legal Help?

If you need legal assistance with DUI/DWI charges in Maryland, it can be tremendously valuable to contact a skilled Bel Air DUI attorney. The attorneys at Schlaich & Thompson, Chartered in Bel Air, Maryland, have more than 60 years of combined legal experience in criminal and family law, including DUI/DWI. If you need legal help, contact us today for an initial consultation.

SOURCE:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-902&enactments=false