DUI and DWI Penalties in Maryland

DWI and DUI Defense in Columbia, Ellicott City, and Howard County, MD

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While DUI and DWI are synonymous in most states, that is not the case in Maryland, which does draw a distinction between Driving While Impaired (DWI) and Driving Under the Influence (DUI). You will be charged with a DWI if your Blood Alcohol Content (BAC) is .07 percent; and you will be charged with a DUI if your BAC is .08 percent or higher. Although both Maryland DWI and Maryland DUI carry stiff penalties for a conviction, the conviction of a DUI carries more harsh penalties.

The following are the parameters of the penalties if you are convicted of a DWI in Maryland:

DWI First Arrest Conviction

Up to 2 months in jail (6 months if transporting a minor)
Up to $500 fine ($1000 if transporting a minor)
Minimum 6 months suspended drivers license

DWI Second Arrest Conviction

Up to 1 year in jail
Up to $500 fine ($2000 if transporting a minor)
Minimum 1 year suspended drivers license

The following are the parameters of the penalties if you are convicted of a DUI in Maryland:

DUI First Arrest Conviction

Up to 1 year in jail (2 years if transporting a minor)
Up to $1000 fine ($2000 if transporting a minor)
Minimum 6 months suspended drivers license

DUI Second Arrest Conviction

Up to 2 year in jail (3 years if transporting a minor)
Up to $2000 fine ($3000 if transporting a minor)
Minimum 1 year suspended drivers license (if within 5 years of previous DUI conviction)

DUI Third (and Subsequent) Arrest Conviction(s)

Up to 3 year in jail (4 years if transporting a minor)
Up to $3000 fine ($4000 if transporting a minor)
Minimum 18 months suspended drivers license

DUI and DWI charges are serious in Maryland. If is important to retain a skilled criminal defense lawyer as soon as possible after being charged with a DUI or DWI, or other alcohol or drug related charge, in Maryland

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience. He has handled thousands of drunk driving cases. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

Attorney Jonathan Scott Smith represents clients in criminal defense matters, DUI / DWI, MVA Hearings, traffic offenses, domestic violence and child abuse charges throughout Maryland, including the cities of Columbia, Clarksville, Sykesville, Fulton, Elkridge, Frederick, Mt. Airy, Ellicott City, Laurel, Westminster, and Baltimore. Lawyer Smith also provides experienced legal representation for clients in Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County, MD.

Inaccurate Breath Tests in a DUI/DWI

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The results of a breathalyzer test are often considered the strongest evidence a prosecutor has against a defendant in a drunk driving case. However, there are numerous situations in which a breathalyzer gives inaccurate readings. In fact, recent news articles make a good case that breath-testing machines may not provide reliable results.

A significant problem with many breath – testing machines is that they not only detect the chemical compound found in alcoholic beverages (ethyl alcohol) but other chemicals similar in molecular structure. At any given time, more than 100 compounds can be detected in human breath, a majority of which can be incorrectly identified as ethyl alcohol. For example, certain medications, artificial sweeteners and even exposure to paint fumes can cause false positives.

Other circumstances that can give inaccurate readings include:

Improperly administered tests
Improper calibration of the machine
Tests administered by untrained personnel
Unmaintained equipment
Medical conditions of the person being tested

Refusing a breath test

Should you refuse to submit to a breath test, the prosecution does have to compile other evidence to build a case against you. However, by refusing a breath test, law enforcement may infer that your refusal was based upon your belief that you were legally intoxicated. Further, by refusing a subsequent breath test at the police station you risk a driver’s suspension.

Regardless of the circumstances of your arrest, an experienced DUI attorney can provide sound legal advice. An experienced attorney can examine the evidence against you and help determine if the breath test was administered properly, and whether the results were accurate. Contact Jonathan Scott Smith online or call us at 410-740-0101 to discuss your DUI/DWI case.

Jonathan Scott Smith Criminal Defense Firm