What Are the Penalties for a DWI/DUI ?
The MAXIMUM penalties for driving under the influence of alcohol as a first offense are a $1,000.00 fine, 12 points on your license and up to a one year in jail. Driving under the influence of alcohol can be proven two ways: (1) by proving that the driver’s normal motor skills are significantly affected or (2) by getting into evidence, through a certified breath technician, that the driver submitted to breath or blood test and that the alcohol concentration was great than .08. In most cases, with adequate preparation, a first offender can avoid jail and points on their license.
The MAXIMUM penalties for driving while impaired by alcohol, as a first offense, are a $500.00 fine, 8 points on your license and 60 days in jail. The State must prove beyond a reasonable doubt that the driver’s normal motor skills are impaired such that it is unsafe for the person to operate a motor vehicle. Again, in most cases, with adequate preparation, a first offender can avoid jail and points on their license.
What are the penalties for a second or subsequent offense of DWI/DUI?
For a second offense of driving under the influence of alcohol, the maximum penalty is up to two years in jail, up to a $3,000 fine, and 12 points on your driving record.
For a second offense of driving while impaired by alcohol, the maximum penalty is up to one year in jail, a $1,000.00 fine and 8 points on your driving record.
What is going to happen to my license?
At the beginning of the case there is a suspension for submitting a breath alcohol sample of .08 or more, OR because the driver refused to submit to breath test. Below is an outline of the different scenarios.
For a first offense:
- .08 – .14 – you are eligible for a restricted license for 45 days for work, school, alcohol treatment education and doctor’s appointments for you and your family.
- .15 or more – 90-day suspension or interlock for one year. You are not eligible for a restricted license, and the only automatic right to modify the suspension is interlock for one year. You can get an exception to the interlock device for work vehicles. You may also be able to beat your suspension by arguing for a “no action” at an MVA hearing. We will explain what arguments are available to you at your initial consultation.
- Refusal to submit to breathing test – 120-day suspension or interlock for one year. Like a .15 or more scenario, you are not eligible for a restricted license. You are not eligible for a restricted license, and the only automatic right to modify the suspension is interlock for one year. You can get an exception to the interlock device for work vehicles. You may also be able to beat your suspension by arguing for a “no action” at an MVA hearing. We will explain what arguments are available to you at your initial consultation.
For a second offense:
- .08-.14 – The suspension is for 90 days. You are eligible for a restricted license only if you have not had an alcohol suspension or conviction in the last 5 years.
- .15 or more – 180-day suspension for a second or subsequent offense. You can request interlock for one year. You may also be able to beat your suspension by arguing for a “no action” at an MVA hearing.
- Refusal to submit to a breath test – 1 year suspension or interlock for one year. You can request interlock in lieu of the suspension. You may also request a hearing at the MVA, and if we win the hearing, the administrative law judge will take no action against your license, thus avoiding the suspension. At the first consultation, we will tell you what we can do for you to avoid the suspension.
DWI/DUI in Maryland: what is the difference?
In every single criminal or traffic case, the state must prove its case beyond a reasonable doubt. In Maryland, there are three ways that the state can prove a drinking and driving offense.
The easiest of the three is driving while impaired by alcohol, commonly referred to as “DWI,” which refers to Maryland Transportation article §21-902(b). The state must show that the consumption of alcohol has affected one’s normal coordination. The state can prove this case by having the police officer testify to the driver’s performance on standardized field sobriety tests, which are commonly known as the pen test (horizontal gaze nystagmus or HGN), the walk and turn test, and the one-leg stand.
For this reason, I always recommend against doing any field sobriety tests. The tests are specifically designed to distract you so that you fail. The way the police officers demonstrate the tests is not the same way that the Officers want the tests to be performed. Even if you refused to do any field sobriety tests, Officers may also testify to their observations of the driver, for example, the ability to answer questions, provide their license and registration, how easily they are able to exit their vehicle and balance, their demeanor, and anything else that may convince a judge or a jury that the driver was impaired by alcohol.
The maximum penalty for driving while impaired by alcohol is 8 points on your license, 60 days in jail and/or a $500.00 fine. Generally speaking, in Maryland, for a first offense, if you have hired an experienced attorney and have prepared by having an alcohol evaluation and undergoing alcohol treatment, you will be granted a probation before judgment, be given a fine and a period of probation.
DUI or driving under influence of alcohol can be proven two different ways. One method is through a breath test at the police station; this is called §21-902(a)(2) (known as driving under the influence per se). The second method which is referred to as driving under the influence, §21-902(a)(1), can be proven just like driving while impaired as described above, through the officers observations and field sobriety tests, BUT the burden on the state is higher and the state must prove that the person’s mental and physical faculties are impaired to a SUBSTANTIAL degree, as opposed to just affecting one’s normal coordination. Driving under the influence and driving under the influence per se both carry a maximum penalty for a first offense of $1,000.00 fine, 12 points, and 1 year in jail.
If your breath test was a .15 or less you can likely expect the same result as you would in an impaired case. If you breath test was a .15 or more, more preparation is required to ensure that you keep points off of your license and avoid excessive conditions of probation. We can help you navigate these charges and prepare you whatever scenario you may be facing. If not the first offense, getting an attorney as soon as possible becomes even more important because with each additional prior offense, the probability of jail increases. Talking to an attorney will put you at ease.