SUMMARY OF MARYLAND DRUNK DRIVING - DUI and DWI LAWS

The most commonly charged criminal offenses are driving while under the influence of alcohol and driving while impaired by alcohol. Driving while under the influence or DUI can be proven by a test result of .08 or more or by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol. The maximum penalties are 1 year and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense. DUI also carries 12 points with the MVA and at a hearing the driver's license may be revoked.

Driving while impaired by alcohol or DWI can be proven by evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol. This offense can be proved by evidence of a test result of .07 or more, but less than .08.  The maximum penalty is 60 days and $500 for a first offense and one year and $500 for a subsequent offense. DWI also carries 8 points with the MVA and at a hearing the driver's license may be suspended.

If the driver who has been found guilty of either DUI or DWI has not had a prior DUI or DWI in Maryland within the previous 5 years, he or she may be eligible for a probation before judgment or PBJ. When a driver receives PBJ, they are placed on probation for a specified length of time. If they follow the court's order without any violations, points are not assessed and the entry of guilt goes on a segregated record at the MVA that is not available to the public, but is available to law enforcement and the courts.

In many cases, there is a viable factual and/or legal defense to the charges. The lawyer's duty is to zealously pursue the interest of the client within the rules of ethics and the law, to achieve the best possible result for the client. In Maryland, it is important to see a lawyer AS SOON AS POSSIBLE after receiving these charges, to fully protect your rights. Call 301-345-0122 for a FREE consultation with lawyer Leonard R. Stamm.