Below find the Maryland Statutes that prohibit Driving Under the Influence and Driving While Impaired in Maryland.
TITLE 21. VEHICLE LAWS -- RULES OF THE ROAD
SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE
Md. TRANSPORTATION Code Ann. § 21-902 (2011)
§ 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance
(a) Driving while under the influence of alcohol or under the influence of alcohol per se. --
(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(b) Driving while impaired by alcohol. --
(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(c) Driving while impaired by drugs or drugs and alcohol. --
(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) of this subsection while transporting a minor.
(d) Driving while impaired by controlled dangerous substance. --
(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) Crime committed in another jurisdiction. -- For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section.
I am wondering about laws holding the bar or restaurant that serves the alcohol liable. According to this site
ReplyDeleteMaryland does not have any dram shop laws. How can this be? Shouldn't there be some responsibility if a bar serves alcohol to someone who is obviously drunk?
Jamie, Read this Maryland Statute:
ReplyDeleteCRIMINAL LAW
TITLE 10. CRIMES AGAINST PUBLIC HEALTH, CONDUCT, AND SENSIBILITIES
SUBTITLE 1. CRIMES AGAINST PUBLIC HEALTH AND SAFETY
PART II. ALCOHOLIC BEVERAGES VIOLATIONS
Md. CRIMINAL LAW Code Ann. § 10-117 (2011)
§ 10-117. Furnishing for or allowing underage consumption
(a) Prohibited -- Furnishing alcohol. -- Except as provided in subsection (c) of this section, a person may not furnish an alcoholic beverage to an individual if:
(1) the person furnishing the alcoholic beverage knows that the individual is under the age of 21 years; and
(2) the alcoholic beverage is furnished for the purpose of consumption by the individual under the age of 21 years.
(b) Same -- Allowing possession or consumption of alcohol. -- Except as provided in subsection (c) of this section, an adult may not knowingly and willfully allow an individual under the age of 21 years actually to possess or consume an alcoholic beverage at a residence, or within the curtilage of a residence that the adult owns or leases and in which the adult resides.
(c) Exceptions. --
(1) The prohibition set forth in subsection (a) of this section does not apply if the person furnishing the alcoholic beverage and the individual to whom the alcoholic beverage is furnished:
(i) are members of the same immediate family, and the alcoholic beverage is furnished and consumed in a private residence or within the curtilage of the residence; or
(ii) are participants in a religious ceremony.
(2) The prohibition set forth in subsection (b) of this section does not apply if the adult allowing the possession or consumption of the alcoholic beverage and the individual under the age of 21 years who possesses or consumes the alcoholic beverage:
(i) are members of the same immediate family, and the alcoholic beverage is possessed and consumed in a private residence, or within the curtilage of the residence, of the adult; or
(ii) are participants in a religious ceremony.