Being arrested for DUI is a serious offense that can have significant consequences, including jail time, loss of driving privileges, and monetary fines.  It is imperative that anyone facing such a charge understand what challenges they will encounter.  Seeking the legal advice of a competent and experienced DUI attorney will help you understand all of your rights and options. 

What happens if I was arrested for DUI?
Under Maryland law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you.  The Criminal Action is in response to the ticket that was issued to you, while the Administrative Action is brought against your driver’s license by the Maryland Motor Vehicle Administration.  While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled separately. 

Administrative Hearing
Pursuant to Maryland law, an individual has 10 days to request a hearing from the Motor Vehicle Administration.  If you fail to request a hearing within 10 days, your right to the hearing is lost, and your license is automatically suspended for the applicable statutory time frame.  In order to preserve your right to an Administrative Hearing, it is crucial that you submit your request to the Motor Vehicle Administration within 10 days.      

DUI vs. DWI in Maryland
Maryland law makes a distinction between “driving under the influence” (DUI) and “driving while impaired” (DWI).  An individual is convicted of DUI when their blood alcohol content (BAC) is 0.08% or higher; while an individual is convicted of DWI with a BAC of 0.07%.  Though DWI in Maryland is a lesser offense, the penalties are severe and often result in similar consequences.            

DUI Penalties for First Time Offenders

Jail Time
A first time DUI offender will face imprisonment of up to 1 year. 

Monetary Fines
The maximum fine for a first time DUI is $1,000.00.

Driving Privileges
A DUI conviction results in the suspension of driving privileges for 45 days.

DWI Penalties for First Time Offenders

Jail Time
A first time DWI offender will face imprisonment of up to 2 months.   

Monetary Fines
The maximum fine for a first time DWI is $500.00.

Driving Privileges
A DWI conviction results in the suspension of driving privileges for 60 days.

Chemical Test Refusal
Refusing to submit to a test when requested by law enforcement will result in the revocation of driving privileges for 120 days.   

Commercial Drivers
Commercial drivers are in violation of the DUI statute with a blood alcohol content (BAC) of 0.04.  A first time DUI conviction will result in the loss of the commercial driver’s license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license. 

Alcohol Evaluation
Successful completion of a drug and alcohol evaluation and any treatment program required by the evaluating agency may be required for reinstatement of driving privileges.  

DUI Subsequent Offenses
Penalties are increasingly more severe for any additional DUI violations.  Due to the complexity of DUI laws, you may not be aware of your rights and the potential defenses available to your case.  An experienced and competent attorney can guide you through this emotionally challenging process.  Please contact a lawyer for an immediate, free consultation.