About one-third of Maryland’s roadway deaths are caused by impaired drivers. Many of those fatal accidents are caused by drivers who were previously convicted of driving under the influence (DUI) or driving while impaired (DWI).
A person with a prior DUI has four times the risk of being involved in a fatal car crash, according to AAA Mid-Atlantic.
There are two “impaired while driving” charges in Maryland involving alcohol – DUI and DWI.
DUI stands for “driving under the influence.” A DUI is a more serious offense than a DWI. A DWI charge related to alcohol involves a lower BAC than a DUI.
This blog post focuses on Ocean City, Maryland DUI alcohol penalties. Penalties for Ocean City, Maryland DWIs related to alcohol will be discussed in a separate blog post.
Being charged with a DUI in Ocean City means that your blood alcohol concentration posted at 0.08% or higher. Blood alcohol concentration (BAC) is the amount of alcohol present in a 100 milliliter (mL) volume of blood.
DUI charges can carry two types of penalties:
- Administrative penalties such as license suspension or revocation
- Criminal penalties such as fines and jail time
The penalty varies depending on whether the conviction is for a first or second or even a third Ocean City DUI conviction.
Penalties for a first time Ocean City, Maryland DUI alcohol conviction
Those convicted in Ocean City for a first-time DUI offense can see the following punishments:
- Up to $1,000 in fines
- Up to one year in jail (There is no mandatory minimum required jail time but incarceration is a possibility)
- 12 points will be assessed against your driver’s record
- License suspension of six months
- The offense is a misdemeanor
Penalties for a second Ocean City, Maryland DUI alcohol conviction
Those convicted in Ocean City for a second offense could see:
- Up to $2,000 in fines
- Up to two years imprisonment with a mandatory minimum of five days
- 12 points assessed against your Maryland driver’s license
- License suspension for up to one year
- Required participation in the ignition interlock device program
- Mandatory participation in an alcohol abuse assessment program
- The offense is a misdemeanor
Penalties for a third Ocean City, Maryland DUI alcohol conviction
- Fines up to $3,000
- Up to three years of imprisonment
- Administrative penalties by MVA
- The offense is a misdemeanor
Convictions within five years of each other have additional requirements:
- Mandatory minimum jail time from five to 10 days or community service from 30 to 60 days
- Mandatory alcohol or drug abuse assessment
What the state has to prove
The state has to prove that alcohol substantially impaired the driver’s usual coordination in order to achieve a DUI conviction.
Defenses to an Ocean City, Maryland DUI charge
There are several possible defenses to Ocean City alcohol DUI charges – lack of opportunity to consult with a lawyer, illegal traffic stop, the breath alcohol or blood alcohol test was inaccurate, the field test was not performed properly.
An Ocean City, Maryland DUI alcohol attorney can help you with your DUI charges. An Ocean City DUI lawyer will review your case to determine if you qualify for a probation before judgment or if the charges can be reduced or dismissed. The attorneys at Maronick Law LLC have experience fighting Ocean City, Maryland alcohol DUI charges.
The office is open during the pandemic and will continue to meet your Glen Burnie, Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh DUI legal needs. The consultation is free.
We can meet with you remotely if you have access to Zoom. You can contact Thomas Maronick on his cellphone at 202.288.0167, the law office at 410.402.5571 or through the website for a free consultation.