June 19, 2012
Discussing Maryland’s DUI and DWI laws
Maryland has two drunk driving laws: DUI and DWI. According to the Maryland Motor Vehicle Administration (MVA), police officers are authorized to stop and/or detain a person that is driving, or has made attempts to drive, while:
- Under the influence of alcohol;
- Under the influence of any drug;
- Under the influence of a controlled, dangerous substance;
- Intoxicated; or
- In violation of an alcohol restriction.
Under Maryland law, the determination of charges depends upon the level of alcohol in a driver’s system at the time of testing. Drivers who are found to have a blood alcohol content (BAC) of .07 percent can be charged for driving while impaired (DWI), while drivers who are found to have a BAC level of .08 or higher can be charged for driving under the influence (DUI).
Drivers that have a Commercial Driver’s License (CDL) and are operating a commercial vehicle at the time of testing can be charged with a DWI if their BAC level is tested at .04 percent to .07 percent. If the driver is operating his own vehicle at the time of testing, he can be charged for testing with a BAC level of .07 percent or higher.
If drivers are charged with a first offense DWI, criminal penalties may include:
- A fine (of usually up to $500);
- Suspension of driving privileges (for up to 12 months); or
- Jail time (of up to 60 days).
If drivers are charged with a first offense DUI, criminal penalties may include:
- A Fine (of usually up to $1000);
- Suspension of driving privileges (for up to 12 months); or
- Jail time (of up to one year).
According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, in 2010, there were 10,228 fatalities in crashes occurring in the United States where the driver’s BAC level was .08 percent or higher. This accounted for 31 percent of the total driving fatalities that year alone.
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