Second Offense DUI/DWI in Maryland

Per MD Transp Code § 21-902, a Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) offense is a misdemeanor that attracts fines and imprisonment. A second DUI/DWI offense occurs when a person is arrested for driving with a Blood Alcohol Content (BAC) of 0.08% or higher or while impaired by drugs, alcohol, or controlled substances within 10 years of a prior conviction. A second DUI in Maryland carries harsher penalties than the first. For example, the mandatory jail sentence and fines are doubled. These increased punishments are a reflection of the government's commitment to preventing repeat offenses and safeguarding public safety.

Is a 2nd DUI/DWI a Felony in Maryland?

A 2nd DUI/DWI conviction is considered a misdemeanor in Maryland. The punishment for this misdemeanor is a jail term and fines. However, it can be elevated to a felony if another person is injured or killed as a result of the incident.

What is the Lookback Period for a Second DUI/DWI in Maryland?

The lookback period for a second DUI/DWI in Maryland is 10 years. This means that the offender's first DUI/DWI offense will influence the sentencing of the new offense if the second offense occurred within 10 years.

What are Aggravating Factors in a Second DUI/DWI?

Below are some aggravating factors that can increase the penalties of a second DUI/DWI in Maryland:

• Multiple DUI convictions on a record
• Excessive speeding or reckless driving
• An accident resulting in death or injury
• A Blood Alcohol Concentration (BAC) of 0.15% or higher
• The presence of minors in the vehicle during the incident

What Happens If You Get a 2nd DUI/DWI in Maryland

Below are possible penalties for a second DUI/DWI in Maryland:

• License revocation for up to one year for DUI offenses
• License suspension from 9 to 12 months for DWI offenses
• A $150 filing fee for all Motor Vehicle Administration (MVA) hearings
• Installation of an Ignition Interlock Device (IID) on all of the offender's vehicles
• Second-Offense DUI: imprisonment for up to 2 years and/or a fine of up to $2,400
• Second-Offense DWI for alcohol: imprisonment for up to 1 year and/or a fine of up to $500
• Second-Offense DWI for drugs: imprisonment for up to 1 year or a fine of up to $500
• Second-Offense DWI for controlled substances: imprisonment for up to 2 years and/or a fine up to $2,400

How Long Does a Second DUI/DWI Stay On Your Record in Maryland?

A second DUI/DWI conviction in Maryland remains on record permanently. They cannot be expunged unless the offender gets a Probation Before Judgment (PBJ). A person's second DUI conviction is visible to law enforcement officers, landlords, insurers, and prospective employers and may affect their employment, insurance, housing, and license opportunities.

How Much Does a Second DUI/DWI Cost in Maryland

The cost of a second DUI/DWI in Maryland varies based on the type of substance involved. There are also some additional court and administrative fees that the offender must pay. Below are some examples:

• Second-Offense DUI attracts a fine of up to $2,400
• Second-Offense DWI for alcohol attracts a fine of up to $500
• Second-Offense DWI for drugs attracts a fine of up to $500
• Second-Offense DWI for controlled substances attracts a fine up to $2,400
• A fee for leasing or buying, monitoring, and maintaining the ignition interlock system

Chances of Going to Jail for a Second DUI/DWI in Maryland

According to MD Transp Code § 21-902, second DUI/DWI offenders in Maryland have a chance of going to jail. The length of the imprisonment varies by the type of substance involved, but there is a 5-day mandatory minimum jail term. The jail term will be increased if the offender commits the DUI/DWI offense while transporting a minor. For example:

• A second-offense DUI attracts imprisonment of up to 2 years, which will be increased to 3 years if a minor is in the car.
• A second-offense DWI for alcohol attracts an imprisonment of up to 1 year, which will be increased to 2 years if a minor is in the car.
• A second-offense DWI for drugs attracts an imprisonment of up to 1 year, which will be increased to 2 years if a minor is in the car.
• A second-offense DWI for controlled substances attracts an imprisonment of up to 2 years, which will be increased to 3 years if a minor is in the car.

Driver's License Suspension for a Second DUI/DWI in Maryland

Individuals convicted of a second DUI or DWI in Maryland face both criminal penalties and license sanctions. The Maryland Department of Transportation's Motor Vehicle Administration (MVA) assesses twelve (12) points on a second DUI offender's license, and their license may be revoked for up to one year. Eight (8) points will be assessed on a Second DWI offender's driving record, and they can face a license suspension of nine to twelve months. These offenders may be eligible for a restricted license if they meet certain conditions, such as completing a mandatory waiting period or other court requirements.

Ignition Interlock Device Requirement

According to MD Transp Code §21–902.2, an ignition interlock device (IID) links a vehicle's ignition to a breathalyzer. It blocks the engine from starting if the driver's alcohol level is above the device's set limit. The device requires additional retests while the operator drives the vehicle. Second DUI/DWI offenders may be required to install an IID on their vehicle if they refused a breath test, had a minor in the car during the incident, or the court ordered it. The IID has to be on their vehicles for at least a year. The offender is responsible for all the costs associated with the IID, including installation and monitoring charges.

DUI/DWI School and Substance Abuse Treatment

A Maryland Court may order a second DUI/DWI offender to participate in an alcohol abuse assessment and program. The results of the alcohol assessment will determine if the offender will be referred to complete a 12-hour Alcohol Education Program (AEP) or a 26-session Alcohol Treatment Program. The AEP is designed for offenders who are not alcohol abusers or alcohol dependent, but the treatment program is for those who need intensive intervention.

Probation Conditions

Second DUI/DWI offenders in Maryland face stricter probation conditions than first-time offenders. They may not qualify for probation before judgment (PBJ) if the prior conviction was within the last 10 years. Additionally, such offenders may be mandated to undergo treatment programs, ignition interlock devices, and the Drinking Driver Monitor Program (DDMP).

Community Service Requirements

A Maryland Court may order mandatory community service for second DUI/DWI offenders. The hours are usually 30 to 60, mainly if the second offense occurs within five years of the first. Sometimes, the court may offer a 30-day community service as an alternative to incarceration.

Impact on Auto Insurance

A second DUI/DWI conviction in Maryland can significantly impact a driver's auto insurance policy. Most auto insurance companies in the state classify second DUI/DWI offenders as high-risk drivers. These offenders are charged higher insurance premiums because they will likely be involved in accidents and file claims. A second DUI/DWI offense can increase a person's auto insurance rate by 50%. The Maryland Motor Vehicle Administration (MVA) may notify auto insurance companies of a person's DUI/DWI convictions and license suspensions. The aim is to request proof of financial responsibility to determine eligibility for license reinstatement.

Which Courts Handle DUI Cases in Maryland?

In Maryland, all DUI cases are handled by the District Court. However, the case may be sent to the Circuit Court if the case involves serious injury/death or the defendant requests a jury trial. Below are the key courts in Maryland that process DUI cases:

Montgomery County District Court (Rockville)
191 East Jefferson Street
Rockville, MD 20850-2630
Phone: (301) 563-8800

Montgomery County District Court (Silver Spring)
8552 Second Avenue
Silver Spring, MD 20910-3364
Phone: (301) 563-8500

Howard County District Court
3451 Courthouse Drive
Ellicott City, MD 21043-4377
Phone: (410) 480-7700

Frederick County District Court
100 W. Patrick Street
Frederick, MD 21701-5548
Phone: (301) 600-2000

Caroll County District Court
101 North Court Street
Westminster, MD 21157-5156
Phone: (410) 871-3500

The Maryland Motor Vehicle Administration (MVA) has jurisdiction over various activities related to the ownership and operation of motor vehicles. These include keeping driving records, vehicle registration and titling, the vehicle emissions inspection program (VEIP), and license application, renewal, and suspensions.

The Maryland Office of Administrative Hearings (OAH) is responsible for license hearings. Individuals interested in license hearings and appeals can find their contact information below:

Motor Vehicle Administration
Administrative Adjudication Division
6601 Ritchie Highway, N.E.
Glen Burnie, MD 21062
Phone: (410) 229-4100

Can You Get a DUI/DWI on a Horse in Maryland?

Yes, a person can get a DUI/DWI on a horse in Maryland. According to Maryland Code § 11-176, a vehicle is any device in, on, or by which anyone or property is transported or towed on a highway. This description fits a horse, which means a person can be arrested for a DUI/DWI while riding it. The rider can also be charged for animal abuse alongside the DUI/DWI.