Key Takeaways
- Maryland treats first-time and repeat DUI offenses differently, and prior convictions can significantly increase penalties and long-term consequences.
- Aggravating factors can make a DUI case more severe, including a high BAC, prior offenses, refusal to take a chemical test, violations of probation, accidents involving injuries or fatalities, and having minors in the vehicle.
- A DUI can impact more than your driving privileges, but also future employment, professional licenses, and insurance rates.
- An experienced Maryland DUI attorney is an important part of your legal defense because they’ll protect your rights, review field sobriety tests, chemical testing procedures, and whether law enforcement followed established protocols.
A DUI charge in Maryland carries serious consequences that can impact the rest of your life. Maryland law treats first-time and repeat DUI offenses differently, and those distinctions can have a significant impact on your case, including the penalties you face, your defense strategy, and the long-term consequences.
First-Offense DUI in Maryland
A first-offense DUI in Maryland means you have no prior DUI or other qualifying impaired driving convictions that would cause your current charge to be treated as a repeat offense under Maryland law. Even a first conviction can affect employment opportunities, professional licensing, and future background checks. Potential consequences of a first-offense DUI can include:
- Fines
- Possible jail time
- License suspension or revocation
- Participation in the Ignition Interlock Program
- Increased auto insurance premiums
- Alcohol education or treatment requirements
- A permanent criminal record, if convicted
Consequences For a 2nd DUI in Maryland
A repeat DUI offense in Maryland usually applies when you have a prior DUI or other qualifying impaired driving conviction, which causes your current offense to be classified as a subsequent offense under Maryland law. Repeat DUI offenses carry significantly harsher penalties than first offenses, including:
- Mandatory court appearances
- A lower chance of leniency from judges and prosecutors
- Jail time
- Court-ordered alcohol treatment
- Increased probation requirements
- Higher fines
- Extended license sanctions
- Mandatory ignition interlock requirements
What is the State of Maryland’s Law on a 3rd DUI Offense?
A third DUI offense in Maryland carries more serious penalties than a first or second offense. The consequences can include:
- Up to $3,000 in fines
- Higher bail to secure your release
- Potential mandatory minimum jail time in certain circumstances if there are prior qualifying impaired driving convictions within the applicable five-year period
- Mandatory court appearances
- Court-ordered alcohol treatment
- Increased probation requirements
- More severe license consequences than a first offense or second offense
- Ignition interlock requirements
Other Factors That Can Impact a Maryland DUI Case
There are several aggravating factors can impact a DUI case in Maryland, including:
- A blood alcohol content (BAC) of 0.15% or higher
- The number of prior convictions
- How recent prior offenses occurred
- Whether prior offenses involved injuries or fatalities
- Whether probation or court orders were violated
- If you refused a chemical test
- If minors were in the vehicle
The Only Board-Certified Maryland DUI Attorney at Alpert Schreyer, LLC
Attorney Andrew Alpert is the only only National College for DUI Defense (NCDD) board-certified DUI defense lawyer in Maryland, and is an expert in field sobriety testing, which means he knows how officers are trained to build a case, the procedures and manuals they rely on, and whether field sobriety tests were conducted according to NHTSA guidelines.
If you have been arrested for suspected DUI, whether it’s your first-time DUI charge or a repeat offense, our Maryland DUI attorneys are available to help you 24/7. Contact us at (301) 720-1309 or fill out our online form.
We have offices in Waldorf, Rockville, Lanham, and Frederick, and proudly serve clients in Prince George’s County, Calvert County, Frederick County, St. Mary’s County, County, Charles County, all of Maryland, and the District of Columbia.
FAQs
How long after an accident can you be charged with a DUI in Maryland?
In Maryland, a DUI charge doesn’t always happen immediately after an accident. Depending on the circumstances, law enforcement may file charges days, weeks, or even months later while awaiting evidence (e.g. blood test results, completing their investigation). For most misdemeanor DUI offenses in Maryland, prosecutors usually must file charges within one year of the alleged offense, however, certain DUI-related cases involving more serious circumstances may be subject to different rules and timelines.
How likely is jail time for your first DUI in Maryland?
A first DUI conviction in Maryland can result in jail time, but the consequences depend on factors like BAC, whether an accident or injuries occurred, and the specific facts of the case.
Are DUIs felonies in Maryland?
Most DUI charges in Maryland are misdemeanors, not felonies. A DUI can become a felony if the incident involves serious injuries, fatalities, or other circumstances that lead to additional criminal charges.
Can I get a CDL with a DUI?
A DUI can affect your ability to obtain or keep a CDL in Maryland. The consequences depend on factors like if the DUI occurred while operating a commercial vehicle, whether you were convicted, and if you have any prior DUI-related offenses. CDL holders and applicants should understand that even a DUI involving a personal vehicle may have serious implications on their CDL.
Can you get a DUI while riding a bicycle in Maryland?
Many people assume DUI laws only apply to cars, but Maryland law can also apply to people riding bicycles while impaired. A person may face a DUI or DWI charge for operating a bicycle under the influence of alcohol or drugs.