Connect with us
small firm, big results
(410) 307-1100

101 East Chesapeake Avenue
Chesdel Building, Suite 200
Towson, MD 21286-5362

DUI - DWI Laws

Two Tiered Drunk Driving Statute

Maryland is among a number of States that have a two-tiered drunk driving statute prohibiting driving at both a higher and lower level of impairment. The more serious is. Driving Under the Influence of alcohol (DUI). The lesser offense is Driving While Impaired by alcohol (DWI).

DUI- walking line

The distinction between driving under the influence of alcohol and driving while impaired by alcohol is one of degree. Both crimes require that normal coordination be reduced as a result of the consumption of alcohol. Driving Under the Influence of alcohol (DUI) is the more serious crime. It requires that the alcohol the person has consumed has substantially impaired the person's normal coordination. Driving While Impaired by alcohol (DWI) is the less serious crime. It requires that the alcohol the person has consumed has impaired normal coordination to some extent. Even if the evidence is that the you drank alcohol, you cannot be found guilty unless you were either Driving Under the Influence of alcohol (DUI) or Driving While Impaired by alcohol (DWI). Maryland Criminal Pattern Jury Instructions, Criminal Offenses (MPJI Cr.) 4:10


DUI & DWI Laws

Driving Under the Influence of Alcohol (DUI)

&#167 21-902 (a) DUI - A person may not drive or attempt to drive any vehicle while under the influence of alcohol.

Penalties

  • 1st time maximum of 1 year and or $1,000 fine and 12 points
  • 2nd time maximum of 2 years and or $2,000 fine and 12 points
  • 3rd time maximum of 3 years and or $3,000 fine and 12 points
  • 4th or more maximum of 4 years and or $4,000 fine and 12 points

MVA Penalties

  • 12 Points - Revocation of driving privileges

Driving While Impaired by Alcohol (DWI)

&#167 21-902 (b) DWI - A person may not drive or attempt to drive any vehicle while impaired by alcohol or a controlled dangerous substance.

Penalties

  • 1st time maximum of 60 days and or $500 fine and 8 points
  • 2nd time maximum of 6 months and or $1,000 fine and 8 points
  • 3rd time or more maximum of 1 year and or $2,000 fine and 8 points

MVA Penalties

  • 8 Points - Suspension of driving privileges

Driving While Impaired by Drugs or Drugs and Alcohol (DWI)

&#167 21-902 (c) DWI - A person may not drive or attempt to drive any vehicle while he/she is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.

Penalties

  • 1st time maximum of 60 days and or $500 fine and 8 points
  • 2nd time maximum of 6 months and or $1,000 fine and 8 points
  • 3rd time or more maximum of 1 year and or $2,000 fine and 8 points

MVA Penalties

  • 8 Points - Suspension of driving privileges

Driving While Impaired by Controlled Dangerous Substances (DWICDS)

&#167 21-902 (d) DUI - A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, if the person is not entitled to use the controlled dangerous substance under the laws of this State.

Penalties

  • 1st time maximum of 1 year and or $1,000 fine and 12 points
  • 2nd time maximum of 2 years and or $2,000 fine and 12 points
  • 3rd time maximum of 3 years and or $3,000 fine and 12 points
  • 4th or more maximum of 4 years and or $4,000 fine and 12 points

MVA Penalties

  • 12 Points - Revocation of driving privileges

Breath Test Information

  • .05 or below means you are presumed to not be under the influence or impaired
  • .06-.07 you are presumed to be impaired but could still make a legal argument
  • .08 or above you are presumed to be under the influence

DUI / DWI Multiple Choice Questions

  • What is the first thing a police officer will look for when he pulls someone over who he believes has been drinking:
    • Alcohol coming from the breath
    • Glassy blood shot eyes
    • Slurred speech
    • Disheveled appearance
    • All of the above
  • When you are stopped by a Police officer and you think you have had enough to drink to be under the influence, you:
    • Immediately become defensive
    • Be polite and ask why you were pulled over
    • Tell him you pay his taxes and to be on his way
    • Don’t say anything, unless he asks you a question
  • When the officer asks you if you have had anything to drink and you think you are under the influence you say:
    • I had two beers
    • I prefer not to answer
    • I had some wine with dinner
    • None of your god damn business
  • When he asks for your license, registration and proof of insurance you:
    • Fumble around in your wallet or purse before finding anything
    • You hand him a map out of your glove compartment as your proof of insurance
    • You ask him for his license, registration and proof of insurance
    • You have the registration and proof of insurance in a place together that is easy to reach
  • When he asks you to step out of the car you:
    • Lean against the door for support
    • Make a big deal of getting out of the car
    • Get out and follow directions
    • Roll your window up and take off
  • When he asks you to perform field sobriety tests you:
    • Listen to what he says and follow the directions
    • Explain that you are unable to perform the tests due to some injury
    • Politely explain that you do not want to take the tests
    • Tell the officer that you have taken these test many times before and this is old hat
  • When the officer ask you to take the preliminary breath test, you:
    • Take it
    • Don’t take it
    • Only blow in it a little to try and trick it
    • Say that you had a bunch of mouth wash and it will go off because of that
  • After you are arrested, you:
    • Tell the officer everything you did that night, because it doesn’t matter anymore
    • Tell him that you want to speak to a lawyer
    • Answer all of his questions
    • Go to sleep
  • When you are asked to take the Breath test, you:
    • Take it
    • Don’t take it
    • Put a penny in your mouth before you take it and that will throw the machine off
    • Tell them once again you used mouth wash and that is why it will say there is alcohol in your blood stream
    • Ask to call your attorney because could affect your rights to drive
  • When you get your suspension notice in the mail, you:
    • Ignore it
    • Ask for a hearing immediately
    • Ask for a hearing within 30 days
    • Call an attorney
ANSWERS: (1.e 2.b or d 3. b 4. d 5. c 6. ab or c 7. b 8. b 9. e 10. d)

Free Consultation!