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First Offense DUI in Maryland
In Maryland, there are two driving impairment infractions a person can commit. They are driving under the influence (DUI) and driving while intoxicated (DWI). A DWI offense happens when a person has a blood alcohol content (BAC) level between 0.07 and 0.08%. In comparison, a Maryland DUI is a more serious offense, which happens when a person is caught having a BAC level above 0.08%. Getting convicted of a DUI or DWI has severe legal and financial implications for even those committing either offense for the first time.
What Qualifies as a First DUI in Maryland?
Since a DUI and a DWI are separate infractions, they have different thresholds. A person is said to be guilty of a DWI charge when their BAC is between 0.07 and 0.08%. Meanwhile, for a DUI, it has to exceed 0.08%. This figure is not applied generally to all drivers. For instance, underage drivers are subject to what is called a zero-tolerance law. Under this law, underage drivers must not have a BAC above 0.02%. For commercial drivers, the BAC limit is 0.04%. Law enforcement determines a person's impairment level through many tests. They may use breathalyzer results or conduct field sobriety tests to ascertain the level of intoxication.
Possible Penalties for a First Offense DUI in Maryland
In Maryland, a DUI and DWI carry different penalties. These penalties and their details are as follows:
| Penalty Type | DUI | DWI |
|---|---|---|
| Fines | Up to a $500 fine | Up to a $1000 fine. |
| Jail time | Up to 60 days in jail | Up to a year in jail. |
| License Suspension | Ranges from 180 days to 2 years | Ranges from 180 days to 2 years |
| Ignition Interlock Device | Not required | Required if BAC is above 0.15% |
Do You Lose Your License for a First DUI in Maryland?
A police officer will request to test a driver's blood alcohol content if they have reason to believe that the person is driving or attempting to drive while intoxicated. The officer will seize the driver's license if the test results show a blood alcohol content of 0.08 or higher (or if the motorist declines to take the test). A 45-day temporary paper license that permits driving will be issued to the offender, and the 46th day marks the start of the suspension. Depending on the amount of alcohol consumed and prior drunk driving violations, license suspensions can last anywhere from 180 days to two years.
What Is the Implied Consent Law in Maryland and How Does It Affect First DUI Cases?
In Maryland, once a person obtains a driver's license, they agree to fall under the state's implied consent law. The law provides that anyone driving on public roads consents to a BAC test if they are suspected of driving under the influence. This suspicion must be reasonable, and the officers must follow due process. While a person can object to a BAC test, there are immediate consequences that will be separate from the DUI charges the person will face. According to the Maryland Motor Vehicle Administration (MVA), a person may have their driver's license confiscated if they refuse a BAC test. This suspension can be for as long as 120 days.
Is an Ignition Interlock Device Required for a First DUI Offense in Maryland?
A judge may order an individual convicted of a DUI charge to operate a vehicle equipped with an ignition interlock device as a condition of probation. However, this is only mandatory if the offender registers a BAC of 0.15 or more. In such a case, the court must order an ignition interlock for at least 1 year. Additionally, the MVA may establish an ignition interlock program for individuals who have been found guilty of a DWI/DUI.
A person can drive with a restricted license if they join the ignition interlock program. They can do this, especially if they risk losing their license due to too many points added. The length of the suspension or restricted license is the same as what it would be for a DWI. Anyone with four or more DWI or DUI offenses is called a "habitual offender". That person cannot get their driving privileges back until they've been in the Ignition Interlock Program for at least 24 months.
Can a First DUI Be Dismissed or Reduced in Maryland?
A DWI/DUI conviction can have a profound impact on one's life. However, reducing the charges or even dropping them could be possible. Whether the charges will be dropped depends on the case's specific facts. For instance, if the arresting officer fails to follow due process, the defendant could use that to dismiss the case. Additionally, if the officer responsible for the arrest fails to prove they had reasonable grounds for suspicion, there is a chance the case will be dismissed.
Long-Term Consequences of a First DUI
Aside from the immediate consequences of a DUI conviction, such as license revocation, jail time or probation, offenders may suffer long-term consequences. For example, anyone with a DUI charge will be seen as a high-risk driver and may need to obtain an SR-22 insurance policy. This policy is expensive to maintain and is required for those with a DUI conviction in Maryland. A DUI conviction can also bar a person from employment opportunities, affecting how they earn income.
Do You Need a DUI Attorney in Maryland?
Generally, most people charged with a DUI or DWI tend to seek the advice of an attorney. While a person can represent themselves in a case, an attorney has the expertise to challenge evidence and negotiate lesser penalties. They also protect a defendant's procedural rights throughout the case.