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Know the Facts About the DUI and DWI Laws in Maryland

Last updated 7 years ago

Most DUI and DWI laws and penalties are similar in all 50 states. However, each state has its own small differences. It is important that you know what is unique about the DWI and DUI laws and penalties in the state of Maryland.

  • Implied Consent Laws: Laws involve drivers alleged of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include obligatory suspension of a driving license for up to a year.
  • Blood-Alcohol Concentration: In Maryland, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this confirmation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).
  • Zero Tolerance Blood-Alcohol Concentration: In all states, “zero tolerance laws” focus on drivers not of legal drinking age. InMaryland, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.
  • Enhanced Penalty Blood-Alcohol Concentration: In some states there is a more strict punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instance of arrest; this is ordinarily .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Maryland.
  • Administrative License Suspension/Revocation Penalties: These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Maryland’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content. Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). InMaryland, for the opening DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.
  • Vehicle Confiscation: The penalty of vehicle confiscation for DUI conviction – either permanently or temporarily - is a risk in some states, ordinarily for repeat offenders. This is not a penalty option in Maryland.
  • Ignition Interlock: An ignition interlock device attaches to the convicted DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Maryland.
  • Mandatory Alcohol Education and Assessment/Treatment: Alcohol education and prevention program, treatment for alcohol abuse, and review of a person for possible alcohol or drug dependence can be required for DUI offenders in Maryland. These steps are often suggested instead of serving a sentence of incarceration or paying fines.  

If you find yourself in need of a DUI or DWI attorney in Maryland, call the Law Offices of Bruce Robinson. Bruce is a proud member of the National College for DUI Defense and is one of the most trusted and best DUI lawyers in the state of Maryland.


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