What You Need to Know About Maryland DUI Law

In Maryland, Driving Under the Influence (DUI) is a very serious offense that has significant financial and legal consequences. Potential consequences often include limitation of your driving privileges, fines, jail time, and more. Whether you’re a resident or a visitor to our beautiful state, understanding our DUI law is essential to avoiding costly penalties and, most importantly, staying safe. Let’s discuss what you need to know about the DUI law in Maryland.

The Difference Between DUI and DWI Laws in Maryland

If you drive under the influence in Maryland, you’ll likely be charged with either a DUI or a DWI, but what is the difference between the two? Driving Under the Influence (DUI) generally means that you blew above a 0.08% blood alcohol concentration (BAC) or consumed enough drugs to show a substantial impairment. In Maryland, the legal BAC limit for commercial drivers is 0.04%, while for non-commercial drivers, it remains at 0.08%.

A DWI charge applies if your BAC is 0.07% or if you show noticeable impairment due to drugs or alcohol. A DWI is considered a lesser charge but is still a serious criminal offense.

The Penalties for DUI and DWI Offenses in Maryland

Generally speaking, a Maryland DUI charge carries stiffer penalties than a DWI charge. The reason for the differing penalties is that the driver has a higher BAC limit with a DUI charge. Drivers who receive a DUI charge are subject to the following penalties for a first charge:

• Up to one year in jail
• Fines up to $1,000
• 12 points on your license
• Potential license revocation

Meanwhile, a DWI usually has the following penalties:

• Up to two months in jail
• Find of up to $500
• A license suspension of up to 60 days for a first offense

It’s important to note that these penalties can be increased significantly if a driver has prior drunk driving convictions, if the offenses include a minor, or if the driver causes an accident resulting in injury or death.

What to Know About Field Sobriety Tests

A police officer must have a valid reason to stop your vehicle before being pulled over. These reasons include erratic driving, failure to maintain a line, or not using your signal. After being stopped for a suspected DUI in Maryland, you’ll likely be asked by the police officer to perform a field sobriety test. Officers use these tests to determine if you are impaired. Common field sobriety tests include performing a walk-and-turn test and a one-leg stand test. If you fail the field sobriety tests, the officer may request that you blow into a Preliminary Breath Test (PBT) device to estimate your BAC. If you fail this test, you can be arrested. If you are placed under arrest, you may have the option to provide a breath sample to determine your level of intoxication.

License Suspension, Restricted Licenses, and MVA Hearings

One of the penalties for both DUI and DWI charges in Maryland is license suspension or restricting your license. However, requesting an MVA hearing within 30 days of the incident or enrolling in the ignition interlock program can help preserve your right to drive. MVA hearings determine the status of your driver’s license, and you might request one for various reasons. You can request an MVA hearing if your license has been suspended, refused a breathalyzer test, or accumulated too many points on your driving record. Hiring a DUI defense attorney, like Vernon Brownlee, can help you through the entire DUI process, including allowing you to determine if you should schedule an MVA hearing or enroll in the ignition interlock program.

How You Can Defend Yourself Against DUI Charges in Maryland

While it’s possible to defend yourself against DUI charges in Maryland, hiring an attorney like Vernon Brownlee has many benefits. As a lifelong Prince George’s County resident, he provides expert knowledge of DUI laws and can help explain your rights and obligations. A DUI defense lawyer can also help challenge the evidence, such as field sobriety tests, breathalyzer tests, and the officer’s observations. We can reduce or eliminate penalties by negotiating plea bargains and can help reduce the license suspension period. Although a DUI or DWI is a serious charge, we can help mitigate the long-term consequences and help you move on with your life. Lastly, our DUI defense attorneys compile a solid professional defense strategy that enables you to fight the charges or accept a plea deal. At Vernon Brownlee, we are dedicated to fairly and accurately representing you. Contact us today to schedule a free virtual or in-person consultation.