Being cited on a drunk driving charge can result in a range of consequences and/or penalties. In addition to the stigma associated with being pulled over and being processed through the legal system as a criminal, there are many legal ramifications of receiving a drunk driving charge. These consequences could include suspension of your driver's license, monetary fines, required alcohol abuse treatment, required installation of an IID (Ignition Interlock Device), probation or even jail time.
The factors that may determine the penalties you receive as a result of your drunk driving charge include:
- The jurisdiction in which you're served
- Your prior criminal record, including previous DUIs/DWIs
- Your age
- Whether an accident occurred in conjunction with the DUI/DWI
- BAC (Blood Alcohol Content) at the time of the arrest
In the State of Maryland, a drunk driving charge can be considered either a DUI (Driving Under the Influence) or DWI (Driving While Intoxicated). DWI may also refer to Driving While Impaired. This charge may be levied in cases where the BAC is measured at between .04% and .08% in an adult driver who has caused bodily injury or property damage while driving impaired. If a driver's BAC is .08% or higher, the drunk driving charge will be DUI in Maryland, which is the more serious of the two charges.
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DUI vs DWI
In Maryland, DUI and DWI are both charges the state can levy against someone accused of operating a motor vehicle after consuming alcohol. While a defendant may actually be charged with both DUI and DWI at the same time in the same case, they can only be convicted of one or the other. A DUI conviction is the more serious of the two and will typically carry a greater penalty. A driver stopped and testing at .08% or more BAC will nearly always be charged with DUI. At this blood alcohol level the law presumes the driver to be suffering from impaired judgment in his/her driving. Exceptions to this are for those under 21 years of age and those driving with a commercial license. A commercial licensee can receive a DUI with a .04% BAC. For those under 21, a .02% BAC qualifies for a DUI.
First Offense
For a first offense DUI in Maryland, the maximum penalty is one year's jail time, a $1,000 fine and a six-month license suspension.
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Second Offense
For a second offense within a five-year period, the penalties may be up to two years in jail, a $2,000 fine, a license suspension of up to one year and required installation of an Ignition Interlock Device.
Third Offense
A third offense carries maximum penalties of the first two offenses combined.
Although not the norm, first-time DUI offenders may be required to do jail time. If arrested while transporting a minor as a passenger, the penalties will generally be more severe as you may face multiple charges.
The number one defense against a drunk driving charge is to refrain from getting behind the wheel after consuming any alcohol. If, however, you or a family member have been charged, it's a mistake to think that you have the capability to mount your own personal defense. The services of a specialty attorney, one with formidable experience in defending those accused of DUI or DWI, should be sought.
