Consequences of a DUI or DWI
- Adina Katz, Esq.
- Feb 7, 2017
- 3 min read
Driving under the influence or driving while impaired is not only dangerous, it can lead to serious fines, penalties and even incarceration. If you are impaired by alcohol, it is best to call a taxi or get a ride home with someone who is sober.
If you are stopped by a police officer and are suspected to be under the influence, you may be requested to submit to a field sobriety test or Breathalyzer test. If you are arrested for impaired driving, the officer will advise you of your rights and provide you with an Advice of Rights form (DR-15) before requesting that you submit to a chemical blood alcohol concentration (BAC) test. Blood alcohol concentration is the amount of alcohol present in a 100 milliliter (mL) volume of blood. If you test above the legal limit for alcohol (0.08 BAC), or refuse an officer’s request to submit to a chemical test for alcohol or drug use, you will be issued an Order of Suspension (form #DR-015A) along with your traffic citation(s). The police officer will confiscate your Maryland driver's license and may issue you a 45-day temporary paper license.
You will have your day in court. If you are convicted of an impaired driving offense, you face both criminal penalties and license sanctions.
If you are convicted of Driving Under the Influence of Alcohol (DUI):
For a first offense, you face up to a $1,000 fine and up to one year in jail. Twelve (12) points will be assessed on your driving record and your license may be revoked for up to six (6) months.
For a second offense, you face a $2,000 fine and up to two years imprisonment (with a mandatory minimum of five days). Twelve (12) points will be assessed on your license and your license may be revoked for up to one year.
For two convictions within five years, a mandatory period of suspension will be followed by a minimum required period of participation in the Ignition Interlock Program.
You may be required to participate in an alcohol abuse assessment and program.
If you are convicted of Driving while Impaired by Alcohol (DWI):
For a first offense, you face up to a $500 fine and up to two months imprisonment. Eight (8) points will be assessed on your driving record, and you face a 6-month license suspension. If this conviction is the result of a driver under 21, you will face a 1-year suspension.
For a second DWI offense, you face up to a $500 fine and up to one year imprisonment. Eight (8) points will be assessed on your driving record, and you face a license suspension of 9 to 12 months. If this conviction is the result of a driver under 21, you will face a 2-year suspension.
The penalties are substantially higher if you are transporting a minor at the time of the offense or for a third offense.
If you are found guilty of the violation, a record of the conviction will be posted to your driving record and points will be assessed. Once the points have been assessed, if you have accumulated between 8 and 11 points within a two year period, your driver’s license will be suspended. For an accumulation of 12 or more points, your license will be revoked. You may request a hearing or, in some cases, be eligible to opt into the Ignition Interlock Program.
Ignition Interlock is a device that is installed in vehicles that prevents drivers from operating the vehicle while impaired by alcohol. The driver must blow into the device and if his or her breath alcohol level exceeds the accepted level set on the device, the vehicle will not start. When installed, interlocks are associated with about a 70% reduction in arrest rates for impaired driving.
At The Law Office of Adina S. Katz, we defend clients from DUI/DWI charges. We will do our best to minimize any consequences you may face. Our number is 240-606-4591. Call us today.
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