If you've been charged with impaired driving in Maryland, it's important to understand the potential punishment you may face, especially if you have prior convictions. Maryland law imposes stricter penalties (enhanced penalties) on individuals with previous Driving Under the Influence (DUI) or Driving While Impaired (DWI) offenses. Lawmakers do this to deter dangerous driving behavior and protect public safety.
Read on to learn more about increased penalties for drunk or drugged driving in the state of Maryland, when they apply, and the maximum penalties the state can impose under these circumstances.
What is an Enhancement Penalty on a DWI/DUI in Maryland?
An enhancement penalty is an increased sanction applied to individuals who have prior convictions for a DUI or DWI or where the circumstances call for greater punishment. This stronger punishment is designed to prevent repeat offenses by escalating the consequences for each following conviction. Factors such as the number of prior offenses, the time elapsed between offenses, and specific circumstances like transporting a minor can influence the severity of penalties.
Penalties After a First DUI Conviction in Maryland
Maryland takes drugged and drunk driving seriously. Potential penalties include a mix of fines, jail time, and points on your driving record.
For a first-time DUI offense in Maryland, the penalties are:
- Imprisonment: Up to one-year jail sentence
- Fine: Up to $1,000.
- Points on Driving Record: 12 points, leading to license revocation.
These penalties apply to individuals convicted of driving under the influence of alcohol or under the influence of alcohol per se.
When Is an Enhancement Eligible in Maryland?
Enhanced penalties come into play under specific conditions:
- Prior Convictions: If you have previous convictions for DUI, DWI, or related offenses within a certain timeframe, subsequent offenses will trigger stronger penalties. Maryland law considers prior convictions within five years as a basis for enhancement.
- Minor in the vehicle: If you are convicted of a DUI while transporting a minor (someone under 18 years old), enhanced penalties apply, even for a first offense.
- High Blood Alcohol Concentration (BAC): A significantly high BAC at the time of arrest might lead to more severe penalties.
- Injury or death of another person. A drunk or drugged driver who injures another person may also face separate, additional criminal charges or be sued in civil court.
Maximum Penalties Under Enhanced Penalty Provisions in Maryland
The maximum potential punishment increases with each subsequent offense:
- Second Offense DUI:
- Imprisonment: Up to two years.
- Fine: Up to $2,000.
- License Revocation: Up to one year.
- Third or Subsequent Offense DUI:
- Imprisonment: Up to three years jail sentence
- Fine: Up to $3,000.
- License Revocation: Duration determined by the Motor Vehicle Administration (MVA).
For offenses involving the transportation of a minor, the penalties are more severe:
- First Offense DUI with a Minor:
- Imprisonment: Up to two years in jail
- Fine: Up to $2,000.
- Second Offense DUI with a Minor:
- Imprisonment: Up to three years.
- Fine: Up to $3,000.
Stricter penalties are designed to address the increased risk associated with repeat offenses and endangering minors.
Probation Before Judgment (PBJ) and Its Impact on Enhanced Penalties
In Maryland, first-time offenders may be eligible for Probation Before Judgment (PBJ), where the court strikes the conviction before it's entered into the record, instead placing the individual on probation If you get a PBJ, you will have to participate in the Ignition Interlock Program and have an ignition interlock system installed in your vehicle.
A PBJ is not considered a conviction, which means it doesn't count as a prior offense for the purpose of enhanced penalties. However, if you receive a PBJ and commit another DUI offense within a certain period, the subsequent offense may be treated as a second offense, leading to enhanced penalties.
Administrative Penalties
In addition to criminal consequences, DUI convictions in Maryland also carry administrative penalties imposed by the Maryland Motor Vehicle Administration (MVA). Administrative penalties increase with prior convictions, ranging from a 45-day license suspension for a first offense to one year for subsequent offenses. And, of course, too many offenses can lead to license revocation.
In addition, usage of an ignition interlock device may be ordered. You may be required to install an ignition interlock device in your vehicle, which prevents the car from starting if alcohol is detected on your breath.
If you have prior DUI offenses or DWI offenses or your case involves aggravating factors, it's important to contact a lawyer as soon as possible. An experienced criminal defense attorney will review your case for the strongest defense possible. A Maryland DUI attorney is a legal professional who can provide guidance based on the specifics of your situation and help you to navigate the complexities of Maryland's DUI laws.
The criminal defense attorneys at Maronick Law LLC have experience with Annapolis, Baltimore, Bel Air, Essex, Ocean City, Towson, and White Marsh drugged and drunk driving matters. Consultations are free.
Maronick Law LLC can meet with you remotely if you have access to Zoom. You can contact the law office at 410-244-5068 or use the website.