Lesson 1: Veering Off-Course

The Law

In Maryland, driving under the influence (DUI) is governed by the Maryland Vehicle Law, specifically under Title 21, Subtitle 5. Here are the key points regarding DUI laws in Maryland:

1. Legal Blood Alcohol Concentration (BAC) Limits:

   • For most drivers, a BAC of 0.08% or higher is considered DUI.

   • For commercial drivers, the limit is 0.04%.

   • For drivers under the age of 21, any detectable alcohol level (0.02% or higher) can lead to DUI charges.

2. Penalties:

   • First Offense: Up to one year in jail, a fine of up to $1,000, and a six-month license suspension.

   • Second Offense: Up to two years in jail, a fine of up to $2,000, and a minimum one-year license suspension.

   • Third Offense: Up to three years in jail, a fine of up to $3,000, and a minimum 18-month license suspension.

3. Additional Consequences:

   • Participation in an alcohol education program may be required.

   • Repeat offenders may face more severe penalties.

   • DUI can also result in points on a driver's record, increasing insurance rates.

4. Refusal to Test:

   • Maryland follows an implied consent law, meaning that by driving, you agree to submit to chemical tests (breath, blood, or urine) for alcohol and drugs. Refusing a test can lead to an automatic 120-day license suspension for a first refusal, with longer penalties for subsequent refusals.

5. Probation Before Judgment (PBJ):

   • For first-time offenders, it may be possible to receive a PBJ, which can lead to a less severe outcome, provided they meet specific conditions.

Understanding Maryland's DUI laws is crucial for promoting safe driving practices and minimizing legal consequences. If you find yourself in a situation involving a DUI, it's advisable to consult with a legal professional familiar with local laws.

Implied Consent

In Maryland, implied consent laws dictate that when a driver operates a vehicle, they automatically consent to take a chemical test if suspected of driving under the influence (DUI) or driving while impaired (DWI). This means that by getting behind the wheel, you agree to submit to a breath, blood, or urine test when requested by law enforcement.

If you refuse to take the test, there are immediate consequences. Maryland imposes penalties for refusal, including the suspension of your driver’s license for a minimum of 120 days for a first refusal and longer for subsequent refusals. Additionally, refusing the test can be used as evidence against you in court, potentially resulting in harsher penalties if convicted.

It’s important to understand that the implied consent law is not a suggestion but a legal obligation. Always know your rights and the potential implications before making decisions if you find yourself in a DUI situation. If in doubt, consulting with a legal professional can provide clarity and help navigate the process effectively.

License Suspension

Arrests typically lead to an automatic license suspension, effective immediately. You can request a hearing to contest this suspension.

Hearing Process

To challenge your suspension, request a hearing with the Maryland MVA within 10 days post-arrest. Success in this hearing may reinstate your driving privileges.

Legal Representation

Consider seeking legal counsel with DUI experience in Maryland to navigate your case and represent you in court.

Rehabilitation Programs

Post-DUI conviction, attendance in alcohol education and rehabilitation programs Operating under a DUI in Maryland involves important legal factors. If you're cited or arrested, knowing the process and your options is crucial.

Impact on Insurance

A DUI (Driving Under the Influence) charge can have significant impacts on insurance rates and coverage. After a DUI conviction, drivers often face higher premiums, as insurers view them as high-risk clients. The increase can be substantial, sometimes ranging from 30% to even 100%, depending on the state and the individual’s driving history.

Additionally, many insurance companies may choose to non-renew the policy altogether, leaving the driver to seek coverage from high-risk insurers, which typically offer limited options at inflated rates. In some cases, drivers may be required to obtain an SR-22 or FR-44 certificate, which proves financial responsibility following a DUI incident. This requirement often leads to even higher insurance costs.

Drugs

Drugged driving in Maryland is a growing concern, as it poses significant risks to both drivers and others on the road. Unlike alcohol, drugs can affect people in varying ways, making it more challenging to assess impairment. Maryland law prohibits driving under the influence of controlled substances, including prescription medications and illegal drugs.

Law enforcement agencies in Maryland have implemented several measures to combat drugged driving. These include training officers to recognize the signs of impairment and utilizing Drug Recognition Experts (DREs) to evaluate suspected drugged drivers. Additionally, Maryland participates in national campaigns aimed at raising awareness about the dangers of driving while impaired.

Penalties for drugged driving in Maryland can be severe, including hefty fines, license suspension, and even imprisonment. First-time offenders can face a combination of these repercussions, and subsequent offenses can lead to even harsher penalties. It's essential for drivers to be aware of how their medication or recreational drugs can impact their ability to operate a vehicle safely.

Education and prevention are crucial in addressing drugged driving issues. Encouraging individuals to make responsible choices—such as arranging for a designated driver or utilizing rideshare services—can help reduce the instances of drugged driving accidents. Communities and organizations are working together to promote safe driving practices and ensure everyone arrives at their destination safely.

Staying informed and proactive is key to combating this issue. Always remember that driving under the influence of any substance can have tragic consequences, not only for the driver but for everyone on the road.

Intent to Operate

Operating under a DUI in Maryland involves important legal aspects. If cited or arrested for a DUI, understanding the process and your options is vital. Even if you aren’t driving but intending to, walking to the car with your keys, you can still be charged with a DUI.