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What is a DUI and a DWI in Maryland?
In the State of Maryland, a DUI (Driving Under the Influence) is a criminal traffic violation that occurs when motorists drive with a blood alcohol content (BAC) above the legal level. Driving While Impaired (DWI) is also a traffic crime that occurs when a road user operates a vehicle while impaired by liquor. The state’s Motor Vehicle Administration (MVA) has jurisdiction over DWI and DUI and assesses penalties. Offenders also appear before the state court upon arrest for DUI or DWI.
What is the Difference Between a DUI and a DWI in Maryland?
DUI and DWI in Maryland are traffic offenses that result in punishments that may include incarceration, fines, and loss of driving license. Under the state’s Transportation Code, DUI occurs when a driver’s BAC is 0.08% or higher, while an individual commits DWI if their BAC is 0.07% at the moment they operate a vehicle. The penalties for DWI violations are generally not as severe as DUI.
What happens when you get a DUI for the First Time in Maryland?
First-offense DUI in Maryland may lead to license suspension. Drivers can request a hearing from the MVA to challenge the suspension of their driving privileges. Requests must be sent within thirty days of the arrest. Typically, a first-offense DUI is punishable by a jail sentence of a year and a fine of $1000. However, punishments may be more severe if some aggravating factors were involved in the DUI incident. If a minor passenger was in the car, the offender faces a possible jail sentence of up to two years and $2000 for fines. Drivers can also contest DUI tickets in court if they feel unfairly booked, and a hearing will ensue.
How Likely is Jail Time After a First DUI in Maryland?
In Maryland, first offense DUI is very likely to result in jail time for the offenders. The state’s Transportation Code classifies first offense DUI as a criminal offense that warrants incarceration. Persons found guilty of such a violation can face a jail term of up to a year.
What are the Typical Penalties for a DUI Conviction in Maryland?
Penalties assessed for a DUI conviction in Maryland typically includes:
- Jail Term: The court may sentence persons who commit a DUI violation to jail. Typically, the duration of a jail term depends on the violation’s seriousness. Repeat offenders may also get incarcerated for a longer time. The first offense DUI in Maryland, is punishable by a jail term of a year. A second offense is penalized by up to two years, and a third offense can be up to five years.
- Fines: DUI is also penalized with the payment of fines. First-time offenders pay fines up to $1000, a second DUI results in a $2000 payment, and subsequent repeat offenders can pay fines up to $5000 and above.
- License Suspension: The Maryland Motor Vehicle Administration can suspend the license of drivers who violate DUI laws. The MVA can suspend a license for six months if it’s the offender’s first conviction. A second DUI can result in a suspension of up to nine months, while a third-time offender can face a suspension of up to a year.
- Points Assessment: Upon a DUI conviction, the Maryland MVA can assess points to an offender’s driving record. Accumulation of many points can cause a revocation of license. DUI convictions generally attract twelve points on an offender’s record.
- Ignition Interlock Program: Drivers can participate in this program to avoid suspension of their license. The MVA organizes the program, and it involves having an offender’s vehicle equipped with the ignition interlock device to prevent them from operating it while under the influence of alcohol.
How Long Does a DUI Stay on Your Record in Maryland?
DUI convictions stay forever on criminal records in Maryland. On driving records, a DUI conviction lasts for three years. DUI violations cannot be expunged in the state.
Records that are considered public may be accessible from some third-party websites. Operating independently of any government agency, these websites often make searching simpler, as they are not limited by geographic location. Such platforms may also feature search tools with filters for specific or multiple records. To use any of such sites. Interested parties usually must provide some or all of the following:
- The name of the person involved in the record, unless said person is a juvenile
- The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in.
Third-party sites are independent from government sources and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
How do I Find DUI Checkpoints in Maryland?
DUI checkpoints are lawful in Maryland and law enforcement officers can use them to perform sobriety tests and identify drivers that are under the influence of alcohol. The state laws generally require law officers to follow certain regulations while running a DUI checkpoint, to justify it and ensure that it does not intrude on the subject’s privacy.
Which is Worse: a DUI or a DWI?
Following Section 21–902 of the Maryland statutes, DUI violations tend to carry more severe penalties than DWI. Persons violate the DUI statutes if their BAC is 0.08% or more while driving, and DWI occurs when the BAC is 0.07%. While a first DUI can result in incarceration of up to a year, the first DWI violation may result in a maximum of two months jail sentence. Generally, DWI violations are not as serious as DUIs.
What is an Aggravated DUI in Maryland?
An aggravated DUI in Maryland results in more severe penalties than the regular punishments. Individuals face such when some serious factors occur during a DUI violation, such as:
- Driving under the influence of alcohol that results in serious injuries or death in an accident
- Having a BAC of over 0.14 percent
- If a minor passenger is in the vehicle during the DUI
- Reckless driving and overspeeding
- Having prior DUI convictions on record within ten years
What Happens When You Get a DWI in Maryland?
Drivers commit DWI when they control a vehicle with a BAC of 0.07%. Individuals arrested for a DWI arrest in Maryland may be charged with a misdemeanor and are typically required to appear before a court. Offenders can be incarcerated, pay fines, or be penalized by the MVA if they are found guilty. A first-offense DWI may result in a fine of up to $500 and a two-month period of incarceration. DWI penalties usually get harsher for repeat offenders. Drivers can contest administrative penalties assessed by the MVA within thirty days from the verdict. Individuals can also enter a not-guilty plea in court to contest DWI charges.