1. What are the minimum and maximum penalties for a first time DUI offense in Maryland?

The minimum and maximum penalties for a first time DUI offense in Maryland are:

Minimum Penalty: Up to $1,000 in fines, up to 1 year in jail, and/or up to 6 months of probation.

Maximum Penalty: Up to $1,000 in fines, up to 2 years in jail, and/or up to 1 year of probation.

2. What is the legal Blood Alcohol Content (BAC) limit in Maryland?

In Maryland, the legal Blood Alcohol Content (BAC) limit is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Maryland?

Yes, it is. Refusing to take a chemical test in Maryland after being pulled over for suspicion of DUI is considered a criminal offense and could result in fines, jail time, and/or license suspension.

4. How long does a DUI conviction stay on an individual’s record in Maryland?

A DUI conviction in Maryland typically stays on an individual’s record for at least five years, although some DUI convictions may remain on an individual’s record for longer.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Maryland?

There are no exceptions to the zero tolerance policy on underage drinking and driving in Maryland. The policy applies to all drivers under the age of 21 and is strictly enforced.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Maryland?

Yes, in Maryland, it is illegal for anyone under the age of 21 to purchase, possess, or consume alcohol. It is also illegal for any person above the age of 21 to provide alcohol to anyone under the age of 21. Penalties for violating this law include fines, possible jail sentences, and a driver’s license suspension.

7. Are there any ignition interlock laws in Maryland?

Yes, Maryland has an ignition interlock law. It requires anyone convicted of a first-offense DUI/DWI to install an ignition interlock device in their vehicle for at least six months. A person convicted of a second-offense DUI/DWI is required to install the device for at least one year.

8. What type of license suspension is issued for a DUI conviction in Maryland?

In Maryland, a DUI conviction typically results in an administrative license suspension (ALS) for a period of 45 days. The suspension can be longer for repeat offenses.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Maryland?

Yes, an individual who is charged with a DUI in Maryland may be required to attend drug and alcohol classes or treatment programs as part of their sentence. The court may require treatment in addition to other penalties such as fines, license suspension, or jail time.

10. Does Maryland have an implied consent law for chemical testing after a DUI arrest?

Yes, Maryland has an implied consent law for chemical testing after a DUI arrest. Drivers who are arrested for DUI must submit to a breath or blood test to determine their blood alcohol content. Those who refuse may face consequences, such as license suspension or revocation.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Maryland?

Yes. Maryland has sobriety checkpoints and roadblocks. These checkpoints or roadblocks are operated by law enforcement to identify drivers who may be driving under the influence of alcohol or drugs. The checkpoints are operated in accordance with the Maryland Transportation Article, Section 21-904.1.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Maryland?

Yes, individuals who have been convicted of a DUI in Maryland may be required to install an ignition interlock device on any vehicle they operate. Depending on the severity of the DUI conviction, they may also face restrictions on the types and size of vehicles they can operate. For instance, someone convicted of a DUI involving a motorcycle may not be allowed to legally operate a motorcycle again until certain conditions are met.

13. Is it possible to have a DUI charge reduced to a lesser offense in Maryland?

Yes, it is possible to have a DUI charge reduced to a lesser offense in Maryland. Depending on the circumstances, a DUI charge can be reduced to a Wet Reckless, a Negligent Driving charge, or a Reckless Driving charge.

14. What is the legal limit for open containers of alcoholic beverages while driving in Maryland?

In Maryland, it is illegal for any person to possess an open container of an alcoholic beverage while operating a motor vehicle. Open containers are defined as any receptacle containing any amount of alcoholic beverage that has been opened, or whose seal has been broken.

15. Does insurance coverage change after a DUI conviction in Maryland?

Yes, insurance coverage does change after a DUI conviction in Maryland. In most cases, insurance premiums will significantly increase following a DUI conviction. The Maryland Motor Vehicle Administration may also require the convicted person to purchase additional insurance coverage which could further increase their premiums.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Maryland?

No, an individual may not drive in Maryland with a revoked license resulting from a DUI conviction. In most cases, a DUI conviction will result in a suspension of the person’s driver’s license, and the length of the suspension will depend on the severity of the offense.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Maryland?

Yes, there are laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Maryland. According to Maryland Transportation Article §17-112(a)(2)(x), any person convicted of driving under the influence in Maryland must maintain a liability insurance policy in effect for at least three years. This applies to all vehicles registered in the person’s name, even if the vehicle is not used for the purpose of driving.

In addition, §17-112(b) requires an uninsured motorist convicted of DUI carry an insurance policy with at least $30,000 of coverage per person and $60,000 of coverage per accident for three years. Failure to maintain the required insurance or provide proof of insurance coverage upon request may result in fines and possible license suspension or revocation.

18. Is plea bargaining allowed for DUI cases in Maryland?

Yes, plea bargaining is allowed for DUI cases in Maryland. Defendants can plead guilty to a lesser offense, such as “wet reckless,” or negotiate a plea agreement with the prosecutor that involves certain penalties in exchange for an admission of guilt.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Maryland?

An individual has 60 days from the date of the DMV’s suspension or revocation notice to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Maryland.

20. Does Maryland offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?

Yes, in Maryland, individuals can get their driver’s license reinstated after a DUI conviction by completing the Alcohol Education Program. This program is offered by the Maryland Motor Vehicle Administration (MVA). It is a 15-hour course that must be completed before the individual is eligible to have their license reinstated.