What are the DUI/DWI penalties?


The offense you are charged with after a police officer pulls you over will depend on a few factors.

  1. The amount of alcohol in your system
  2. The police officer’s judgment on the level of your impairment
  3. Your performance on Field Sobriety Tests

Definitions

This is the lesser of the two drinking and driving offenses in Maryland.

  • DWI: Your level of intoxication is 4% – 7%. A conviction for a DWI offense can result in fines, suspension and imprisonment. Also, penalties can be more if you had a passenger in the vehicle under the age of 18.
  • DUI: Driving Under the Influence — Your level of intoxication is 8% or more.

Penalties

DWI

  • First time DWI conviction:
  • Up to 60 days in jail
  • Up to $500 fine
  • 8 points will be assessed on Driver’s License
  • Possible 6-month Driver’s license suspension
  • Face possible 1-year suspension if Driver was under age of 21
  • Second DWI conviction:
  • Up to 1 year in jail
  • $500 fine
  • 8 points will be assessed Driver’s License
  • Possible 9-12-month Driver’s License suspension
  • Possible 2-year suspension if Driver was under age of 21

DUI

  • First time DUI conviction:
  • Up to 1 year in jail
  • $1,000 in fines
  • 12 point will be assessed on your Driver’s License
  • Driver’s License may be revoked for up to 6 months
  • Ignition interlock device required for 6 months

Second DUI conviction:

  • Up to 2 years in jail (mandatory minimum 5 days)
  • Up to $2,000 in fines
  • 12 points will be assessed on your Driver’s License
  • Driver’s License may be revoked for up to 1 year
  • Ignition interlock device required for 1 year
  • If the second DUI conviction is within five years of the first offense, drivers will suffer mandatory license suspension (followed by participation in the Ignition Interlock Program when the license is reinstated) and drivers must participate in an approved alcohol abuse program.

Third DUI conviction:

  • Up to 3 years in jail
  • Up to $3,000 in fines
  • 12 points will be assessed on your driver’s license
  • Driver’s license may be revoked for up to 1 year
  • Ignition Interlock device required for 3 years

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