How likely is jail time for first DUI in Maryland? First-time offenders who cooperate with the police, have no minors in the car, and are involved in no accidents will likely avoid jail time. However, this can change based on the location and the judge handling the case.
Suppose you’re charged with a DUI in Maryland. In that case, you’ll likely be arrested and released from the police station a few hours later with traffic citations and a temporary driver’s license valid for 45 days. Exceptions include cases where the driver is hospitalized due to an accident or is also charged with a criminal offense like resisting arrest or possessing drugs or a firearm.
While being pulled over, investigated, and arrested is undoubtedly unpleasant, it should be the worst part if you take the right steps. To ensure the best outcome, it’s crucial to start preparing for court soon after the arrest. There are two battles in every DUI or DWI case: one with the Motor Vehicle Administration (MVA) and one with the court. By taking prompt action, you can navigate these battles effectively and regain control of the situation.
Penalties for Drunk Driving
If you’re caught drunk driving, you might face jail time and fines, probation, and license suspension. Jail time for a DUI conviction can range from no time up to 1 year. For repeat offenders, the penalties increase. A second DUI conviction can result in up to 2 years in jail, while a third DUI offense could lead to up to 3 years in prison. First-time offenders convicted of a DWI can face up to 60 days in jail, with longer sentences possible for those with prior offenses.
Consequences of a Drunk Driving Conviction
If a person is found guilty of drunk driving, they may lose their driver’s license. A DUI conviction results in 12 points and an automatic suspension, while a DWI conviction results in 8 points. Receive probation before judgment (PBJ). You won’t get any points unless you violate your probation and the judge revokes your PBJ.
However, points aren’t the only reason for license suspension. Refusing to take a breathalyzer test or testing above the allowed limit of .08 will also lead to a suspension. The penalties for refusing the test have recently become stricter due to Noah’s Law. Refusing the test now results in a 270-day suspension or a requirement to use an ignition interlock device for a year.
Probation for DUI Offenders
If a defendant does not receive a jail sentence, they may instead face probation. Probation for drunk driving can last from 1 day to 3 years and often requires the individual to attend alcohol education classes and complete community service. There are also probation fees, which can be as high as $50 per month.
Violating probation is common in DUI cases, and even first-time offenders can end up in jail for probation violations. Common reasons for these violations include:
- Not attending required classes.
- Having a positive test for drugs or alcohol, which includes marijuana.
- Not paying the fees related to probation.
These are considered technical violations, and judges typically do not take them lightly.
For legal help, call The Law Offices of Krum, Gergely, & Oates at (703) 988-3711 or (301) 840-0080.
