The legal penalties for charges of DWI [21-901(a)(1)], DUI PERSE [21-902(a)(2), DUI [21-902(b)] are not resolved in one proceeding. Rather, the penalties are encountered at several stages of the legal process. In addition, the consequences depend greatly on the individual case. The stages and corresponding legal penalties are summarized below.
The Arrest
You have been stopped or detained and reasonable grounds exist to believe that you have been driving or attempting to drive a motor vehicle under circumstances requiring that you have been asked to submit to a test under Maryland Vehicle Law 16-205.1. Once an officer decides to charge a driver with a DWI, DUI Per Se, or DUI the driver is immediately arrested and their Maryland license is confiscated. Then, if the driver is eligible, the Officer issues the driver a temporary driver’s license and an Order of Suspension.
Right to Request a Motor Vehicle Administrative Hearing
You may request an Administrative Hearing at any time within 30 days of the date of the Order of Suspension to show cause whey your driver’s license or privilege should not be suspended.
However, you must request a hearing within 10 daysof the date of the Order of Suspension to insure that your privilege to drive is not suspended prior to your hearing. Your request must be made in writing.
If you do not request a hearing within 10 days of the date of the Order of Suspension, or if eligible, you do not elect within 30 days of the Order of Suspension to participate in the Ignition Interlock System Program for one year instead of requesting a hearing, your Driver’s License or Privilege will be suspended on the 46th day after the Order of Suspension.
If you submit a timely hearing request, a suspension will not be imposed unless a decision is rendered against you or if you fail to appear for the hearing.
The First Motor Vehicle Administrative Hearing
The next stage is the first administrative hearing, in which an Administrative Law Judge effectively decides whether or not your driving privileges will be suspended and if so for how long.
Suspension of Your Maryland Driver’s License or Driving Privileges [law applies to offenses starting from January 1, 2007]
If you refuse to submit to the test or submit to the test and the results indicates an alcohol concentration of .08 or more at the time of testing your Maryland driver’s license will be confiscated, you will be issued an Order of Suspension, and if eligible, a temporary driver’s license valid for 45 days.
The following periods of suspension shall be imposed against your license or privilege in Maryland:
- If your test results in an alcohol concentration of at least 0.08 but less than 0.15: The suspension will be 45 days for a first offense and 90 days for a second or subsequent offense.
- If your test results in an alcohol concentration of at least 0.15 or more: The suspension will be 90 days for a first offense and 180 days for a second or subsequent offense.
- If you refuse to submit to a test: The suspension will be for 120 days for a first offense and one year for a second or subsequent offense.
Modification of the Suspension or Issuance of a Restrictive License
If your test results in an alcohol concentration of 0.08 but less than 0.15: The suspension may be modified or a restrictive license issued at a hearing.
If you refuse a test, or take a test with a result of 0.15 or more: You will be ineligible for a modification of the suspension or issuance of a restrictive license, unless you participate in the Ignition Interlock Program under Section 16-404.1 of the Maryland Vehicle Law.
The District Court Hearing
The next stage is a District Court trial where the Trial Judge is the trier of fact who decides the Defendant’s Guilt or innocence using the legal standard of proof beyond a reasonable doubt. When a Defendant pleads guilty or is found guilty the consequences are as followed:
- First Offense [maximum penalty]
- Driving While Impaired: 60 days in Jail/$500.00 fine/8 points
- Driving Under the Influence Per Se: 1 Year in Jail/$1,000.00 fine/12 points
- Driving Under the Influence: 1Year in Jail/$1,000.00 fine/12 points
- Second or Subsequent Offense [if subsequent offender papers are filed]
- Driving While Impaired: 1 Year in Jail/$1,000.00 fine/8 points
- Driving Under the Influence Per Se: 2 Years in Jail/$2,000.00 fine/12 points
- Driving Under the Influence: 2 Years in Jail/$2,000.00 fine/12 points
The Second Motor Vehicle Administrative Hearing
In addition, if found guilty by the District Court Judge, an individual may be required to reappear before an Administrative Law Judge for a second hearing for the issuing of further penalties. These penalties may include the possibilities of suspension, revocation, or restriction.