Karen L. Jones, P.A.

DUI/DWI Information

What are the possible penalties for driving under the influence of alcohol?

The maximum penalty for a 1st offense DUI is one (1) year in jail and/or a $1000 fine. The range of possible sentences is determined by a variety of factors including the facts of the case, any policies of the local court and prosecutors, the weaknesses in the case uncovered by the defense attorney and the reputation of the attorney. All of this is independent of the MVA driver's license suspension which is determined separately and which can itself be very complicated.

Driver's License Suspensions

When a Maryland driver is arrested for driving under the influence of alcohol, his driver's license is immediately confiscated by the police and he is served with the MVA's "Notice of Suspension". This document serves to (1) formally suspend the license, (2) provide a temporary driving privilege for 45 days, and (3) explain some aspects of the applicable law. Buried in this fine print on the duplicate "hearing request" copy is the most important legal provision: there is a right to an administrative hearing to contest the suspension and force the MVA to return the license but only if the individual or his DWI attorney contacts the Office Of Administrative Hearings and formally demands a hearing WITHIN 10 CALENDAR DAYS of the arrest. If the request is made after the 30th day, the right to contest the suspension is lost and it will begin 46 days from the arrest regardless of any possible defenses.

This immediate suspension is for either (1) having .08% or higher blood-alcohol (.01% for drivers under 21); (2) providing a blood or urine sample when the officer believes the eventual analysis will be .08% or higher; or (3) refusing to take a chemical test. This is referred to as an administrative suspension (or sometimes administrative per se or APS suspension), and is to be distinguished from a license suspension or restriction which may later occur in the criminal courts in addition to the administrative suspension.

If the driver is from another state, the officer has no right to seize the license, as that document is the property of another state. Similarly, Maryland has no jurisdiction to suspend a driver's license issued by another state. The officer can and will, however, issue a "Notice of Suspension" identical to that given Maryland license holders; this acts only as a suspension of the right to drive (after 45 days) within the State of Maryland. If there is a conviction, Maryland (as a member of the Interstate Driver's License Compact) will notify the home state of that fact; that state will then usually suspend the license in the same way as if the person had been convicted in the home state.