Created by FindLaw's team of legal writers and editors | Last reviewed March 07, 2018
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Maryland law takes drinking and driving very seriously and even allows for charges against drivers with a blood alcohol concentration (BAC) of 0.07 percent in certain instances. But that one-point discrepancy in BAC makes a huge difference in penalties and sentencing. For example, first-time DWI offenders face a $500 fine, 60-day driver's license suspension, eight points on their license, and up to two months in jail. First-time DUI offenders, meanwhile, can be fined $1,000, a six-month license suspension, 12 points on their license, and up to one year in jail. Also, a law enacted on Oct. 1, 2016 mandates the use of an ignition interlock device after a conviction for a DUI (or for certain DWI offenses).
Learn more about Maryland's DUI/DWI laws below.
Maryland DUI Laws: Blood Alcohol Concentration (BAC) Limits and Implied Consent |
|
| "Per Se" BAC Limit | 0.08 Percent (presumption of intoxication) |
| Zero Tolerance (Underage) BAC Limit | 0.02 Percent |
| Enhanced Penalty (Aggravated) BAC Limit | n/a |
| Driving While Impaired by Alcohol (lesser charge than DUI) | 0.07 Percent (contributing factor, but more evidence needed for a conviction) |
| Implied Consent to Submit to BAC Test? | Yes |
Maryland DUI Laws: Select Penalties |
|
| Minimum License Suspension or Revocation (1st, 2nd, 3rd offense) | 6 months / 120 days / not explicit |
| Mandatory Alcohol Education, Assessment and Treatment | Both |
| Vehicle Confiscation Possible? | Yes |
| Ignition Interlock Device Possible? | Yes (mandatory after certain convictions) |
Note: State laws are always changing through legislative, judicial, or other means. While FindLaw works hard to ensure the accuracy of its legal resources, it's a good idea to thoroughly research the law or check with an attorney to make sure you have the most recent information.
Maryland law allows prosecutors to file two different kinds of charges against impaired motorists: driving under the influence (DUI) and driving while impaired (DWI). While DUI conforms with the 0.08 percent BAC limit followed by other states, a DWI may be charged if the motorist has a BAC of at least 0.07 percent. The key difference, other than penalties upon conviction, is that a DWI requires additional evidence of impairment. So while someone with a BAC of 0.08 percent is considered "per se" impaired, a motorist with a BAC of 0.07 percent must have been seen swerving or otherwise showing signs of impairment in order to be arrested.
Since Maryland law allows for lesser charges for those with a 0.07 percent BAC, the chances of being arrested for impaired driving are amplified. A legal professional can help you understand the laws while working tirelessly to challenge the evidence and help you obtain the best possible outcome. Get started by contacting a Maryland DUI attorney today.
Contact a qualified DUI attorney to make sure your rights are protected.
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