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Maryland DUI and DWI Laws - Section 21-902

Under Maryland Transportation Article Section21-902, it is illegal to drive or attempt to drive while under the influence of alcohol, impaired by alcohol, drugs, or a combination of both. Maryland law sets strict penalties for violations, including fines, imprisonment, and license suspensions.

Types of DUI and DWI Offenses in Maryland

Driving Under the Influence of Alcohol (DUI) - Section 21-902(a)

  • A person may not drive while under the influence of alcohol.
  • If convicted:
    • First offense: Up to 1 year in jail and/or a fine up to $1,200.
    • Second offense: Up to 2 years in jail and/or a fine up to $2,400.
  • Enhanced penalties apply if the driver was transporting a minor.

Driving Under the Influence of Alcohol Per Se (DUI Per Se) - Section 21-902(a)(1)

  • A person may not drive with a BAC of over .08.
  • If convicted:
    • First offense: Up to 1 year in jail and/or a fine up to $1,200.
    • Second offense: Up to 2 years in jail and/or a fine up to $2,400.
  • Enhanced penalties apply if the driver was transporting a minor.

Driving While Impaired by Alcohol (DWI) - Section 21-902(b)

  • A person may not drive while impaired by alcohol.
  • If convicted:
    • First offense: Up to 2 months in jail and/or a fine up to $500.
    • Second offense: Up to 1 year in jail and/or a fine up to $500.
  • Enhanced penalties for transporting minors.

Driving While Impaired by Drugs or a Combination of Drugs and Alcohol - Section 21-902(c)

  • A person may not drive while impaired by any drug, or a combination of drugs and alcohol, to the extent that they cannot drive safely.
  • If convicted:
    • First offense: Up to 2 months in jail and/or a fine up to $500.
    • Second offense: Up to 1 year in jail and/or a fine up to $500.
  • Not a defense to claim a legally prescribed drug unless unaware of its impairing effects.

Driving While Impaired by a Controlled Dangerous Substance - Section 21-902(d)

  • A person may not drive while impaired by a controlled dangerous substance unless legally entitled to use it.
  • If convicted:
    • First offense: Up to 1 year in jail and/or a fine up to $1,200.
    • Second offense: Up to 2 years in jail and/or a fine up to $2,400.

Aggravating Factors and Enhanced Penalties

  • Repeat offenses within 5 years carry increased sentences.
  • Transporting a minor while under the influence increases the penalties.
  • Refusing a breathalyzer test may result in additional penalties under Maryland�s implied consent laws.

Legal Defenses Against DUI Charges

  • Challenging the Traffic Stop: If the stop was unlawful, evidence may be suppressed.
  • Questioning the Field Sobriety Tests: These tests are subjective and often unreliable.
  • Breathalyzer & Blood Test Errors: Testing devices must be properly maintained and administered.
  • Medical Conditions or Prescription Medications: Some conditions can mimic intoxication symptoms.

Consequences of a DUI Conviction

A conviction under Section 21-902 can have serious consequences, including:

  • License suspension or revocation
  • Increased insurance premiums
  • Employment difficulties, especially for commercial drivers
  • Mandatory alcohol education programs

How FrizWoods Can Help

At FrizWoods, we provide experienced DUI defense to challenge evidence, negotiate plea deals, and fight for the best possible outcome. Contact us today to discuss your case.

FAQs

Q: What is the difference between DUI and DWI in Maryland?

A: DUI (Driving Under the Influence) is a more serious charge than DWI (Driving While Impaired). A DUI conviction carries harsher penalties and is usually based on a BAC of 0.08% or higher, whereas a DWI can be charged at lower BAC levels if impairment is evident.

Q: What happens if I refuse a breathalyzer test?

A: Refusing a breathalyzer test in Maryland can result in an automatic license suspension under the state's implied consent laws. You may also face enhanced penalties if convicted.

Q: Can a DUI charge be reduced or dismissed?

A: Yes, depending on the circumstances, DUI charges can sometimes be reduced to a lesser offense like DWI, or dismissed if evidence is weak. An experienced defense attorney can evaluate the best strategy for your case.