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Maryland DUI Laws Penalties And Fines
Maryland Driving Under the Influence (DUI) Laws
Definition of Intoxication:
Under Maryland drunk driving laws, Maryland Driving While Intoxicated (DWI) may be proved two different ways:
1. With evidence that you were driving while substantially impaired by alcohol, legal drugs, or controlled substances, to the extent that your driving was not safe; or
2. With evidence that you drove with a BAC of 0.08 or greater (or 0.04, for CDL drivers). Maryland drivers under age 21 are DUI if they have ANY detectable BAC (the “Zero Tolerance” law), but courts use 0.02 BAC as the legal standard.
Maryland drunk driving law also includes a lesser offense of driving under the influence (driving with a blood alcohol content between .07 and .08) or driving while your abilities were impaired to some extent (as opposed to substantial impairment).
When Can I Drive, if I’ve Been Drinking?
If you’ve been drinking, the best way to avoid DWI or DUI in Maryland is to have someone else drive.
If you must drive, authorities recommend you wait at least one hour for every beer or average drink you’ve had.
In addition to time, many other factors affect how the body metabolizes alcohol, like weight, gender, body fat, and recent eating, among others.
Maryland Drunk Driving Laws
Even if your BAC is below the legal level, you can still be DWI or DUI, if a jury believes a police officer’s testimony about evidence of your intoxication.
In other words, the “legal level” only works in favor of the prosecutor, if you cross it.
Being below it does not make you legal; however, in Maryland, a BAC of less than 0.05 does create a legal presumption that you were not driving drunk.
Summary of Illegal BAC Levels in Maryland:
•Adult Driver - DWI with BAC of 0.08 or higher (but DUI if between 0.07 and 0.08)
•Commercial Vehicle Driver - DUI with a BAC of 0.04 or higher.
•Under 21 Driver – DUI with BAC of 0.02 or higher.
Consequences of DUI Conviction in Maryland.
A drunk driving conviction in Maryland has serious consequences, which become even more severe for repeat offenders and those who drive DWI or DUI with minor passengers (under age 14).
Drunk driving convictions in Maryland remain on your record for 5 years, for purposes of calculating repeat offense levels.
The arresting officer confiscates a Maryland DWI arrestee’s driver’s license immediately, and issues a temporary driving pass, pending an administrative suspension hearing.
