In Maryland, a driver can get a DUI if they drive a vehicle with a BAC of 08% or greater, regardless of actual impairment. However, it is possible for a person to be charged with DUI for driving while substantially impaired. Even if the driver isn’t substantially impaired, a driver can get a DWI (driving while impaired) charge if alcohol has affected his or her normal coordination. In Maryland, DWI penalties are less severe than those assessed for DUI. Click here for some additional details on Maryland DUI law, and to learn how a DUI Attorney in Timonium MD can help clients get charges reduced.
Consequences of Refusal to Take Chemical Tests
If a Maryland driver refuses to submit to a blood or breathalyzer test, penalties differ depending on whether it is a first, second or third DUI. For a first offense, the driver loses his or her license for 120 days. On a second or third offense, the driver loses their license for one year. If a defendant refuses chemical tests and is convicted of DWI or DUI, judges can impose extra penalties including $500 in vines and two extra months in jail.
When do Maryland Police Have to Measure a Driver’s BAC?
In Maryland, officers should measure a driver’s BAC within two hours of an arrest. However, a prosecutor may be able to prove culpability even if the driver’s BAC is measured at a later time.
Maximum BAC for Those Under 21
Maryland law sets the maximum BAC for a driver under 21 at .02%. Those under 21 are still considered minors for purposes of some DUI laws.
Minimum Jail Sentences and Prior Convictions
For a first offense, there is no minimum jail sentence. For a second DUI, a driver can get five days in jail; for the third offense they can serve at least ten days. In Maryland, prior DUIs stay on a person’s record for five years, and they can be used to determine sentencing for subsequent offenses.
Pleading Down to a Wet Reckless Charge
A defendant may be able to receive wet reckless charges, or a conviction for reckless driving with alcohol involvement, as a result of plea bargaining with the help of a DUI Attorney in Timonium MD. There is no law prohibiting a plea bargain in a DUI case, and it may be possible for the lawyer to plead a DUI down to reckless driving.