A Maryland DUI or DWI case has two major aspects that proceed simultaneously. The first aspect of your case is your upcoming trial on the criminal charges of Driving Under the Influence (DUI) or Driving While Impaired (DWI), where you go before a judge on your trial date, and you could potentially be sent to jail.
The second aspect of your Maryland DUI or DWI case is your administrative case. The Maryland Motor Vehicle Administration (MVA) holds hearings and has administrative penalties for DUI breath test results and breath test refusals. The Maryland MVA administrative case decides whether or not your driver’s license should be suspended or revoked, and cannot result in imprisonment. If you value your ability to drive, your administrative case may be as important or even more important than your criminal DUI charges.
Your criminal DUI charges in court and your administrative case at the Maryland MVA are related, and they can effect each other, but they are also separate proceedings. It is possible to win one and lose the other.
I take a holistic approach to each DUI or DWI case, handling both your criminal charges and your MVA hearing as part of a coordinated strategy suited to your particular needs.
If you are charged with a Maryland DUI or a Maryland DWI, please call me today at (301) 556-8709.
Maryland DUI and DWI Criminal Penalties
Whether or not you are concerned about protecting your driver’s license at the Maryland MVA, Maryland DUI charges carry significant criminal penalties. The penalties below may seem daunting, but remember that I will often be able to help you avoid many or all of these consequences. While I will be able to give you a much more specific idea of what will happen after I am acquainted with the facts of your particular DUI case, without any additional aggravating circumstance, imprisonment for a first offense is very unlikely.
Maryland Penalties for Conviction of DUI (Driving Under the Influence) of Alcohol or a Controlled Dangerous Substance (CDS)
- Maryland DUI, no previous DUI or DWI offenses: 1 year, $1,000, 12 points
- Maryland DUI, with one previous DUI or DWI: 2 years, $2,000, 12 points, mandatory minimum of 5 days if there is one previous DUI within 5 years
- Maryland DUI, with two or more previous DUI or DWI’s: 3 years, $3,000, 12 points, mandatory minimum of 10 days if there are two previous DUI’s within 5 years
- Maryland DUI while transporting a minor: 2 years, $2,000, 12 points
- Maryland DUI while transporting a minor, second offense: 3 years, $3,000, 12 points, mandatory minimum of 5 days if the previous offense wias within 5 years
- Maryland DUI while transporting a minor, third or subsequent offense: 4 years, $4,000, 12 points, mandatory minimum of 5 days if there are two previous offenses within 5 years
Maryland Penalties for Conviction of DWI (Driving While Impaired) by Alcohol or a Combination of Drugs and Alcohol
- Maryland DWI with no previous DUI or DWI convictions: 2 months, $500, 8 points
- Maryland DWI with at least one previous DUI or DWI conviction: 1 year, $500, 8 points
- Maryland DWI while transporting a minor, no previous DUI or DWI convictions: 6 months, $1,000, 8 points
- Maryland DWI while transporting a minor, second or subsequent DUI or DWI conviction: 1 year, $2,000, 8 points
Maryland Penalty Enhancement for Refusing a Breath Test in Connection with a DUI or DWI Conviction
- Refusing a breath test related to a Maryland DUI or DWI conviction : up to 2 months and $500 added to the maximum penalties listed above
Ref. MD Code TR 21-902
If you plead guilty or are found guilty by the court, the judge will either enter a conviction, or enter a finding of Probation Before Judgment (PBJ) without entering a conviction. If a conviction is entered, there will be at least one more administrative proceeding separate from the first administrative proceeding. The first administrative proceeding is about the DUI breath test or a refusal of the test, and happens in almost every case. The second set of administrative proceedings only occur if a judgment of conviction is entered, and they concern penalties for your criminal conviction of DUI or DWI, where the MVA will then act on the conviction and the points assessed against you, plus any other points that you may have accumulated in the last two years, and may suspend or revoke your license. As in the first proceeding, you can request a hearing, where I can argue for a lesser penalty, or for no penalty at all.
After conviction for a Maryland DUI or DWI, there are often a variety of reasons that the MVA can revoke or suspend your license, each of which may have its own proceeding associated with it. These proceedings are sometimes consolidated into a single proceeding. Even though there may be multiple different reasons that your license may be suspended or revoked, these penalties often run concurrently, which effectively means that only the more severe penalty applies.
Maryland MVA Post Conviction DUI and DWI Maximum Penalties
Maryland MVA Penalties for DUI Conviction
- No prior convictions: License Revocation
- One or more prior DWI convictions within 5 years: License Revocation and/or 1 Year Suspension
- One or more prior DUI convictions within 5 years: License Revocation and/or 1 Year Suspension, 45 Day Minimum Suspension
Maryland MVA Penalties for DWI Conviction
- No prior DUI or DWI convictions: 60 Day License Suspension
- One or more prior DUI or DWI convictions within 5 years: 1 Year License Suspension
- Two or more prior DUI or DWI convictions within 3 years: License Revocation
Maryland MVA Penalties for DUI or DWI Conviction of a Driver Under 21 at the Time of the Incident
- No prior DUI or DWI convictions: 1 Year License Suspension
- One or more prior DUI or DWI convictions: 2 Year License Suspension
Maryland MVA Penalties for Points (If you are convicted in court, 8 or 12 points will be assessed against your license, which the MVA will act upon)
- 8 or more points: License Suspension
- 12 or more points: License Revocation
No matter how bad the situation seems, there are things that I can do as your lawyer to improve your chances.
The police have to follow many detailed and complex rules at every step of your encounter with them, and they almost never follow all of them correctly. There are also many medical conditions and prior events that can effect your performance on the tests. Any of these could allow you to keep your license, or save you from a conviction that may follow you for the rest of your life.
Starting at the initial consultation, I will take the time to find every bit of information that could help you walk away from your case unscathed. Expect to spend at least an hour speaking with me at the beginning of your case, and more later.
Some people delay because their trial date is far in the future, but in a Maryland DUI or DWI case, you can lose your license long before your trial ever starts. Please contact me as soon as possible after your arrest. The MVA can independently take your license away from you based on a test or a refusal alone. You can request an MVA hearing soon after your arrest, but the deadlines come quickly and you will need legal advice to decide whether to request a hearing or not.
MVA License Suspension Hearings for Maryland DUI and DWI Breath Tests and Refusals
After you are arrested for DUI or DWI, a police officer will offer you a breath test, or occasionally a blood test. If you take a test with a result of .08 or above, or if the police believe that you refused to take a test, the MVA will try to suspend your license to drive. These administrative suspensions can occur whether or not you are ever convicted of DUI or DWI, and can apply even if you are never charged with a crime.
Maryland MVA Administrative Penalties for Maryland DUI and DWI Breath Tests and Refusals
- Breath test refusal: 120 day license suspension for a first offense, one year for a subsequent offense
- Breath test > .08, but less than .15: 45 day license suspension for a first offense, 90 day suspension for a subsequent offense
- Breath test > .15: 90 day suspension for a first offense, 180 days for a subsequent offense
You need to specifically request an MVA hearing if you want one. If you do not, your license will be automatically suspended after a certain number of days. At the MVA hearing, I can contest the evidence against you, ask the MVA not to impose a penalty, or ask the MVA to impose a lesser penalty.
Depending on your situation, your prior offenses, and your priorities, you may be better off not requesting an MVA hearing. The decision as to whether or not to request an MVA hearing is an important tactical decision that requires my expert advice, and it must be done quickly.
It is essential that you speak to me about your DUI or DWI case as soon as possible after the incident. While you have up to 30 days to request an MVA hearing, an MVA hearing should be requested within 10 days after the incident if at all possible, as otherwise the MVA may suspend your license while you are waiting for a hearing date. You will also need time to consult with me and make a decision, and extra time may also be required for certain other important requests that should be delivered to the MVA before the 10 day deadline.
Even if you are not concerned about protecting your driver’s license, you should contact me as soon as possible after your DUI arrest, as there are court deadlines before your trial date which, if ignored, will result in the loss of important rights.
If you’ve been charged with a DUI or DWI in Maryland, call (301) 556-8709 today so that we can get to work on your case.