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Maryland Repeat DUI Charges - Section 21-902(h)

Maryland Transportation Article Section 21-902(h) imposes enhanced penalties for individuals with multiple DUI or DWI convictions. This provision is designed to deter repeat offenses and ensure harsher punishments for habitual offenders.

Enhanced Penalties for Repeat DUI Offenders

Under Section 21-902(h):

• A person convicted of a third or subsequent DUI/DWI offense faces more severe consequences, including:
  • Imprisonment up to 5 years
  • Fines up to $5,000
  • Longer license suspensions and mandatory ignition interlock installation

What Counts as a Prior Conviction?

For sentencing under Section 21-902(h), prior convictions include:

• Any DUI/DWI conviction in Maryland
• A DUI/DWI conviction from another state (if it would be a comparable offense under Maryland law)
• Convictions under Maryland’s Natural Resources Article Section 8-738

Aggravating Factors Under Section 21-902(h)

Certain factors may lead to even harsher penalties, including:

• Driving with a minor in the vehicle
• A BAC of 0.15% or higher
• Causing injury or death while driving under the influence

License Consequences for Repeat Offenders

Under Section 16-404 of the Maryland Transportation Code:

• The Maryland Motor Vehicle Administration (MVA) may revoke the license of any person convicted of:
  • Driving under the influence (Section 21-902(a))
  • Driving while impaired by a controlled dangerous substance (Section 21-902(d))
• A third DUI conviction within 5 years results in a mandatory license suspension of up to 1 year.
• Individuals convicted of multiple offenses under Section 21-902(b) or © within 3 years may also face revocation.
• Ignition Interlock Requirement:
  • First-time participants: Minimum 6-month program.
  • Second-time participants: 1-year requirement.
  • Third or subsequent offense: 3-year ignition interlock requirement.
• Under 21 DUI offenders face a 1-year license suspension for a first conviction and a 2-year suspension for a second conviction.

Additionally, the MVA may impose a restricted license for individuals who enroll in the Ignition Interlock System Program as an alternative to full suspension.

Mandatory Alcohol Treatment and Probation

• Courts often impose mandatory alcohol education programs for repeat offenders.
• Supervised probation may be required, including random drug and alcohol testing.

Legal Defenses Against Section 21-902(h) Charges

Defending against repeat DUI charges requires a strong legal strategy. Potential defenses include:

• Questioning the legality of the traffic stop
• Disputing breathalyzer or field sobriety test accuracy

An experienced DUI defense attorney can assess your case and fight for reduced charges or alternative sentencing.

How FrizWoods Can Help

If you are facing repeat DUI charges under Section 21-902(h), you need aggressive legal representation. At FrizWoods, we have extensive experience defending clients against harsh DUI penalties.

Contact us today for a free consultation to discuss your defense options.

FAQs

Q: How many DUI convictions trigger enhanced penalties under Section 21-902(h)?

A: The enhanced penalties apply to individuals with two or more prior DUI/DWI convictions.

Q: Can I avoid jail time if charged under Section 21-902(h)?

A: In some cases, alternative sentencing options such as rehabilitation programs or house arrest may be negotiated by a skilled DUI defense lawyer.

Q: What happens if I refuse a breathalyzer test as a repeat offender?

A: Refusing a breathalyzer test may result in additional penalties, including automatic license suspension and mandatory interlock device installation.

For more information on Maryland DUI laws, visit our DUI defense page.