6 Common Questions About DUI and DWI Laws in Maryland

6 Common Questions About DUI and DWI in Maryland

#1 Is a DUI a felony in the State of Maryland?

If you have been charged with drinking and driving or a DUI, it might benefit you to know that the State of Maryland does not consider it a felony.

The prohibition against DUI’s can be found in the Maryland Transportation Code and not the Maryland Criminal Code. This underpins the way Maryland officials think of DUI cases.

However, a pedestrian is killed by a drunk driver every 58 hour in Maryland. So, the seriousness of a DUI offense should not be underestimated.

Despite a DUI not being a felony, the administrative and criminal penalties can be severe. Administrative penalties can include points on your license and even revocation. Criminal penalties can include fines and even jail time.

The severity of both administrative and criminal charges can depend on a number of factors most significant of which is your number of previous offenses.

For instance, a misdemeanor can become a felony if:

• (a) it is a felony under the Maryland Vehicle Law; or 
• (b) it is punishable by a civil penalty under the applicable provision of the Maryland Vehicle Law.

#2 Is DUI a misdemeanor in Maryland?

The State of Maryland considers DUI’s a misdemeanor and not a felony. Felonies are reserved for crimes such as murder or arson.

As such the misdemeanor is listed in the Maryland Transportation Code and not the Maryland Criminal Code. Under Maryland Transportation Code§ 21-902, a person may not drive or attempt to drive any vehicle while under the influence.

If charged with the above misdemeanor, then a person stands to be subject to a fine not exceeding $500. You will also likely receive 12 points on your license which will stay on your record for two years.

Again, these penalties can be exacerbated by individual circumstances such as the driver’s age, whether there were children in the vehicle, and what your blood alcohol content (BAC) was at the time of the offence.

#3 Are DUI and DWI the same thing?

A DUI stands for driving under the influence. A DWI stands for driving while intoxicated (or impaired).

Some states, have used the terms interchangeably. However, Maryland has used the term DWI to denote a lesser crime.

The major difference between the two is a DWI does not need as high a blood alcohol content (BAC) and thus is the less penalized offence.

A DWI can be charged if your BAC is 0.07% or higher. Typically, this would also involve the failure of a field sobriety test as the BAC is on the lower end of the spectrum.

A DUI is charged when an individual’s BAC is 0.08% or higher. A DUI would certainly involve more serious penalties as it is the more significant infraction.

#4 How many points do you get for DUI?

Points on your license are meant to penalize driver’s from violating traffic rules and deter reckless driving.

When one reaches a certain amount of points, the state can suspend, revoke or even terminate an individual’s license.

When one has been convicted of a DUI, you will likely get points on your license. For the first DUI offense, you will likely get 12 points on your license.

For the second, you will likely get another 12 points on your license. A DWI offence, adds eight points to your license. Additionally, another DWI offense will add 8 more points.

In Maryland the points will stay on your license for 2 years. Lastly, in Maryland 12 points or more will cause your license to be revoked.

#5 What is a DUI per se in Maryland?

DUI per se means that you can be arrested if you are found to be at or above the BAC limit even when it has not impaired your driving.

This means if tested and your BAC is or exceeds 0.08%, you can be charged with a DUI per se. After that, the search needs only to have had sufficient probable cause.

Therefore, a DUI per se merely requires proof that an individual’s BAC is at or above 0.08% at the time of the incident.

#6 What is the legal alcohol limit in Maryland?

Blood alcohol content (BAC) tests the amount of alcohol in an individual’s bloodstream. This is what determines whether an individual was driving legally or could potentially be charged with a DWI or even a DUI.

A DUI is charged when an individual is found to have a BAC of 0.08% or above. A DWI is charged when an individual is found to have a BAC of 0.07% or above. Therefore, the legal alcohol limit in Maryland is anything below 0.07%.

Maryland DUI Lawyer Can Answer Your Questions

Do you have more questions about a DUI or DWI in Maryland. A Maryland DUI lawyer can help answer all of your questions. Contact the Law Offices of Randolph Rice (410.288.2900) today to discuss your charges and learn how a lawyer can help.