Charged with a DUI or DWI in Maryland
If you were charged with a DUI or DWI in Maryland, you will see the Maryland Transportation Article 21-902 on your citations or charging documents. Knowing what section of the statute that you were charged with is important.
If you were charged with 21-902(a)(1)(i), the State must show that you were driving or attempting to drive while under the influence of alcohol. If you were charged under section 21-902(a)(1)(ii) then you were charged with the “pro se” section of the statute which means that the State must show that you were driving or attempting to driving with a blood alcohol content (BAC) of at least .08.
What penalties do I face? What if this is my second or third DUI? Am I considered a subsequent offender?
First DUI conviction- If you are convicted of driving/attempting to drive while under the influence of alcohol, or driving/attempting to drive with a BAC of .08 or higher and it is your first conviction, you face the possible penalty of imprisonment not exceeding 1 year or a fine not exceeding $1,000, or both.
Second DUI conviction- If it is your second conviction of driving/attempting to drive while under the influence of alcohol or driving/attempting to drive with a BAC of .08 or higher and it is your second conviction, you face the possible penalty of imprisonment not exceeding 2 years or a fine not exceeding $2,000, or both.
What if my prior conviction was a conviction under a different section of 21-902?
If your prior conviction was not under the same section of 21-902 as your current conviction and was under a different section such as driving/attempting to drive while impaired by alcohol, or driving/attempting to drive while impaired by drug(s)/drug(s) and alcohol, or driving/attempting to drive while impaired by a controlled dangerous substance that you are not entitled to use then it may still be considered a prior conviction for the purposes of enhanced penalties. Subsequent offender penalties for a violation of section 21-902 (a) will still be possible if you have a prior conviction under one of the sections mentioned above if that prior conviction was within 5 years before the current conviction.
What happens if a minor was in the vehicle when I got arrested for a DUI?
Under section 21-902(a)(2)(i) of the Maryland Transportation Article there is more punitive consequences if you have a minor in the vehicle while driving/attempting to drive a motor vehicle while under the influence of alcohol. The difference is that for a first offense DUI with a minor in the vehicle you face imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and for a second offense of a DUI with a minor in the vehicle the penalty is 3 years or a fine not exceeding $3,000 or both.
For the purpose of determining subsequent offender penalties for a DUI while transporting a minor under 21-902(a)(2)(i), a prior conviction under 21-902(b)(2), (c)(2), or (d)(2) will also be considered a prior conviction.
Are DUI penalties different than DWI penalties?
Under section 21-902 (b)(1)(i) you may not drive/attempt to drive a vehicle while impaired by alcohol (DWI). For a first DWI conviction you could be imprisoned for up to 2 months or ordered to pay a $500 fine, or both. For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.
Are there also subsequent offender penalties for DWI prior convictions?
Yes! Likewise, a prior conviction for DUI under subsection 21-902(a), (c), or (d) will be considered a prior conviction for the purpose of determining subsequent offender penalties for a 21-902 (b) DWI conviction
Driving While Impaired (DWI) when there is a minor in the vehicle-
Just like a DUI, there are enhanced penalties for DWI while transporting a minor. If you are convicted of DWI with a minor in the vehicle, the first offense carries the penalty of possible imprisonment of up to one year or a fine of $1,000, or both. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.
Maryland’s New DUI and DWI Laws: Expungement After 15 Years PBJ
In recent years, Maryland has made significant changes to its DUI (Driving Under the Influence) and DWI (Driving While Impaired) laws, particularly concerning the expungement of records. This article explores the implications of these changes, especially regarding the expungement of charges after a 15-year probation before judgment (PBJ).
What is PBJ?
Probation before judgment (PBJ) is a legal option in Maryland that allows a judge to defer a finding of guilt and instead place the defendant on probation. If the individual successfully completes the terms of probation, they avoid a conviction on their record. This option is often granted in cases of DUI and DWI offenses, allowing individuals a chance to move forward without the long-term consequences of a criminal conviction.
New Expungement Law Overview
Effective changes to expungement laws in Maryland now provide clearer pathways for individuals with PBJ statuses. Previously, expungement options were limited and often complex. However, recent reforms have streamlined this process, allowing for a more accessible approach to clearing one’s record.
Key Features of the New Law
- **15-Year Waiting Period**: Under the new law, individuals with a PBJ for a DUI or DWI can apply for expungement after 15 years, provided they have met all conditions of their probation and have not incurred further offenses. This marks a significant change, allowing those who made mistakes in their past a fresh start.
- **Eligibility Criteria**: To be eligible for expungement, individuals must have completed their probation, paid all fines, and not have any new convictions during the waiting period. This reflects a focus on rehabilitation and second chances.
- **Automatic Expungement**: For certain first-time offenders, there may be provisions for automatic expungement after the 15-year period, reducing the burden on individuals to initiate the process themselves.
- **Impact on Employment and Housing**: Expungement can have profound effects on individuals’ lives, especially regarding employment and housing opportunities. With a clearer path to expungement, individuals can apply for jobs and housing without the stigma of a DUI/DWI on their records.
- **Legal Assistance**: While the process has become more accessible, individuals are still encouraged to seek legal assistance to navigate the expungement application process efficiently.
Conclusion
Maryland’s new DUI and DWI expungement laws signify a progressive shift towards understanding the complexities of individual circumstances and the need for rehabilitation. The 15-year PBJ waiting period offers hope for many who wish to leave their past mistakes behind and move forward with their lives. As these laws take effect, they promise to impact the lives of countless Marylanders positively, paving the way for a brighter future without the burdens of past offenses.
For those considering applying for expungement, it’s advisable to stay informed about the process and seek legal guidance to ensure all requirements are met.