Dissecting 4 Types of DUI & DWI Offenses in Maryland
In certain places, driving under the influence (DUI) and driving while impaired (DWI) are essentially interchangeable. Under Maryland law, however, these are actually separate offenses, each with its own punishment structure.
At this juncture, it is important to note that Maryland escalates the punishment for repeat DUI or DWI offenders. The same is true for DUI offenses committed while also transporting a minor.
To understand the standard laws against and penalties for these offenses, the following sections will dissect four common types of DUI and DWI offenses in Maryland.
- Driving While Under the Influence of Alcohol
Maryland Code of Transportation Section 21-902 prohibits any person from driving a motor vehicle while under the influence of alcohol. In this context, under the influence refers to a blood-alcohol concentration (BAC) of 0.08 or more.
Any person who disregards these requirements can face the punishment scheme below:
- First Conviction — The DUI offender is potentially subject to imprisonment for one year and criminal fines up to $1,000; or
- Second Conviction — The DUI offender is potentially subject to imprisonment for two years and criminal fines up to $2,000.
- Driving While Impaired by Alcohol
Section 21-902 makes it illegal to operate a vehicle while impaired by alcohol and, thus, incapable of driving safely. Any person who violates these rules can face the following penalty structure:
- First Violation — The DWI offender can face a maximum sentence of two months in prison and $500 in criminal fines; or
- Second Violation — The DWI offender can face a maximum sentence of one year in prison and $500 in criminal fines.
- Driving While Impaired by Drugs and/or Alcohol
Section 21-902 makes it unlawful to operate a motor vehicle while impaired by any drug, a combination of drugs, or a combination of drugs and alcohol. Any person who disregards these requirements can face the punishment scheme below:
- First Conviction — The DWI Drugs/Alcohol offender is potentially subject to imprisonment for two months and criminal fines up to $500; or
- Second Conviction — The DWI Drugs/Alcohol offender is potentially subject to imprisonment for one year and criminal fines up to $500.
- Driving While Impaired by a Controlled Substance
Section 21-902 also prohibits any person from driving while impaired by a controlled substance, such as heroin or cocaine. Any person who violates these rules can face the following penalty structure:
- First Violation — The DWI/CDS offender can face a maximum sentence of one year in prison and $1,000 in criminal fines; or
- Second Violation — The DWI/CDS offender can face a maximum sentence of two years in prison and $2,000 in criminal fines.
Do You Need Legal Help?
If you have legal questions about DUI or DWI offenses under Maryland law, it can be exceedingly helpful to contact an adept criminal defense attorney. The Bel Air DUI & traffic violation attorneys at Schlaich & Thompson, Chartered have more than 60 years of combined legal experience in criminal and family law, including DUI and DWI. If you need legal help, contact us today for an initial consultation.
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