Penalties for DUI and DWI in Maryland
If you face a DUI or DWI charge in Maryland, your citation or charging documents will refer to the Maryland Transportation Article 21-902. Understanding the specific section you were charged under is important.
If you were charged with 21-902(a)(1)(i), the state must show you were driving or attempting to drive while under the influence of alcohol. A charge under section 21-902(a)(1)(ii) is the "pro se" section, meaning the state must show you were driving with a blood alcohol content (BAC) of at least .08.
Are you ready to discuss your DUI or DWI defense? Get a free consultation about your case. Call our office at (240) 439-1922 or fill in our contact form.
DUI Penalties and Subsequent Offenses
The penalties for a DUI conviction can be severe and increase with subsequent offenses.
- First DUI conviction: You could face imprisonment not exceeding one year or a fine not exceeding $1,000, or both.
- Second DUI conviction: You could face imprisonment not exceeding two years or a fine not exceeding $2,000, or both.
Even if your prior conviction was for a different section of 21-902, it may still be considered a prior conviction for enhanced penalties. This applies if the prior conviction occurred within five years of the current one.
Enhanced Penalties with a Minor in the Vehicle
Under section 21-902(a)(2)(i), there are more severe penalties if a minor was in the vehicle.
- First offense: Imprisonment not exceeding two years or a fine not exceeding $2,000, or both.
- Second offense: Imprisonment not exceeding three years or a fine not exceeding $3,000, or both.
Differences Between DUI and DWI Penalties
A charge under section 21-902 (b)(1)(i) means you may not drive or attempt to drive a vehicle while impaired by alcohol (DWI). The penalties for DWI are less severe than for DUI.
- First DWI conviction: Imprisonment for up to two months or a fine of $500, or both.
- Second DWI conviction: Imprisonment not exceeding one year or a fine not exceeding $500, or both.
Similar to DUI charges, a prior conviction for a different section of 21-902 will be considered when determining subsequent offender penalties for a DWI conviction.
Probation Before Judgment (PBJ) and Expungement
Maryland has made significant changes to its DUI and DWI laws regarding expungement.
Probation Before Judgment (PBJ) is a legal option that allows a judge to defer a finding of guilt and place you on probation. If you successfully complete the terms of your probation, you can avoid a conviction on your record.
Under the new law, you can apply for expungement after 15 years if you have a PBJ for a DUI or DWI. To be eligible, you must have completed your probation, paid all fines, and had no new convictions during the waiting period. Expungement can help you move forward with your life by removing the stigma of a DUI/DWI from your record, which can impact employment and housing opportunities.
Don't risk your future. The sooner you contact us, the sooner we can help you. Call our office at (240) 439-1922 or fill in our form to schedule a free consultation.
