Maryland DUI Laws & Penalties

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maryland dui laws and penalties, fines, license suspension, sr22 filing

Maryland DUI laws have an interesting twist. You can actually be arrested for either a Maryland DUI or a Maryland DWI which is unusual as far as state drunk driving laws are concerned. Maryland state will charge you with a DUI if you are found with a blood alcohol level of .08% or higher. A DWI is charged if you are found with a BAC of .07%. Either way, you need to contact a DUI lawyer immediately, because you only have 10 days in which to request your Maryland Motor Vehicle Administration hearing. If you do not request this hearing, your license will be taken.

Maryland Jail Time and Fines For DUI First Time Offenders

If you are facing your first Maryland DUI conviction, you can expect several things to happen. First, you may be issued jail time. This jail time can be up to two months. The initial fine for your DUI is $500. Of course you will also have to pay for your jail time and any court costs on top of that fine. 

Maryland DUI Drivers License Considerations

Your license will likely be confiscated by the officer who arrests you if your BAC tested above .08. If so, you will have been issued a temporary license while you await your court date. At your administrative hearing this suspension could be eliminated, but remember that you must apply for the hearing within ten days of your arrest. 

Your license will be suspended for 60 days if you are a first Maryland DUI offender. If this is your second offense, you will have a 90-day suspension. If, however, you refuse to take the breath or urine test, you will have your license suspended for 120 days for the first offense, and a year of the second offense. You will also face 12 points on your driver’s license. The suspensions and points are less for a DWI offense. 

Maryland Alcohol Education, Treatment, and High Risk Auto Insurance

If you are arrested for a Maryland DUI, you can expect to face mandatory education requirements. You may have to attend a program aimed at driver or alcohol education. If you are required to do this, you will not be able to get your license back until you do. Also, your Maryland DUI will cause your insurance premiums to go up. Be sure to discuss the rise in premiums with your insurance carrier so you know what to expect. 

Maryland First Offense DUI Punishments

  • Jail time of up to 12 months
  • Up to $1,000 in fines
  • Up to 60 days drivers license suspension
  • 8 points on your driving record
  • Maryland Second Offense DUI Punishments

    • Up to 2 years in jail
    • Up to $2,000 in fines
    • Up to 120 days drivers license suspension or revocation
    • 12 points on your driving record

    Maryland Third or Subsequent Offense DUI Punishments

    • Up to 3 years in jail
    • Up to $3,000 in fines
    • Up to 120 days drivers license suspension or revocation

    Maryland First Offense DWI Punishments

    • Up to 1 year in jail
    • Up to $1,000 in fines
    • 60 day drivers license revocation

    Maryland Second Offense DWI Punishments

    • Up to 2 years in jail
    • Up to $2,000 in fines
    • 120 day drivers license revocation

    Maryland Third or Subsequent Offense DWI Punishments

    • Up to 3 years in jail
    • Up to $3,000 in fines
    • 18 month drivers license revocation
    • Additional 1 year in jail and $1,000 fine if there was a minor in the vehicle

    Maryland BAC Assumptions

    • BAC levels of .001 to .05 are not considered to be under the influence
    • BAC levels of .051 to .079 are not considered to be under the influence, but is admissible as evidence in court
    • BAC levels of .07 to .079 is considered evidence that the defendant was impaired by alcohol
    • BAC levels of .08 or greater are considered to be under the influence
    • BAC level of .02 is considered evidence of alcohol in blood

    Maryland Implied Consent Laws

    • Chemical testing is allowed. Blood test must be performed within 2 hours of driving, if a breath test is not feasible
    • The officer is required to advise the defendant of the penalties for test refusal and possible license suspensions
    • Tests resulting in a BAC level of .08 or greater carry a maximum 60 day license suspension
    • Test refusal results in a 120 day to 1 year license suspension and is admissible in court, but is not an assumption of guilt

    Chemical Testing

    • Breath test must be administered by a qualified person using approved equipment. The arresting officer is not a qualified person.
    • Blood test sample must be administered by a qualified person using approved equipment. A signed certification that approved equipment was used in the test is considered evidence and is admissible in court without testimony. The defendant can compel the toxicologist who performed the test to testify regarding the accuracy of the test.
    • Blood draws for police testing must be administered by a licensed professional using equipment that has been approved by the toxicologist under the Postmortem Examiners Commission.
    • The defendant is allowed to have an independent chemical test performed at his or her own expense by a qualified person of their choosing.
    • There is no statutory provision for the disclosure of the state test results to the defendant or their Maryland DUI attorney

    SR22 Insurance

    In the state of Maryland (as in other states nationwide) after a DUI conviction you will be required by the Department of Motor Vehicles to maintain high risk auto insurance otherwise known as a SR22 insurance policy.  Some of the big companies do provide SR22 insurance but most do not.  That means you will have to turn to a company that specializes in this type of high risk auto insurance.

    Maryland SR22 insurance is required for a period of 3-years following a drunk driving conviction and can be very expensive if you go with the wrong provider.  We have partnered with the largest and most trusted SR22 insurance provider here in the state of Maryland and have worked out a special discount only available here for our website visitors.

    You won't be able to find a cheaper SR22 insurance policy in Maryland for any less.  Type in your zip code below so we can provide the cheapest rates in your area.

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    Additional Maryland DUI Resources

    • Maryland DUI First Offense -  Detailed first offense information including punishments after a first offense DUI in Maryland.

    • Maryland SR22 Insurance -  Learn everything you need to know about Maryland SR22 filing requirements with the DMV and find out how you can save hundreds of dollars each year on your MD SR22 insurance.

    • Maryland DUI Lawyers -   Contact one of our Maryland DUI lawyers today.

    • Maryland Alcohol & Drug Abuse Programs -   We offer a complete listing of Maryland's approved alcohol treatment programs.


    The information contained herein is just that, “information” and should not be construed as legal advice. The information found on this Website may not always be current, therefore we recommend that you speak with a practicing criminal attorney in your state.

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