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Kenneth E. Crocken has served clients throughout Maryland centered around his philosophy of a personalized attorney-client relationship. Clients can expect prompt attention and quality legal representation delivered in an efficient, affordable manner. Kenneth E. Crocken, Maryland DUI and Foreclosure Fraud Lawyer

Maryland DUI Penalties

Drunk driving penalties are divided between the administrative and the legal.

The Motor Vehicle Administration has jurisdiction over your license, while the Courts will assess fines, jail point and points on license.

There is a possibility of three proceedings:

(1) If you had a BAC over .08 or you refused the breathalyzer test you are subject to an initial MVA hearing regarding the suspension of your license,
(2) the court proceedings, and
(3) if you had points assessed in the court proceedings, another MVA Hearing.

The initial MVA HEARING

  • Of legal drinking age, test result of .08 or more, but less than .15:

    • First Offense: 45 Day Suspension
    Subsequent Offense: 90 Day Suspension

  • Of legal drinking age, test result of .15 or more:

    • First Offense: 90 Day Suspension
    Subsequent Offense: 180 Day Suspension

  • Of legal drinking age, refusal of breath or blood test:

    • First Offense: 120 Day Suspension
    Subsequent Offense: 1 Year Suspesnion

  • Under the legal drinking age, test result of .02 or more or refusal:

    • First Offense: 1 Year Suspension
    Second Offense: 2 Year Suspension

If you did not refuse the breath test, and you have not been convicted of a drunk driving offense or had your license suspended within the last 5 years, the administrative judge may modify the suspension.

If you refused the test, you agree to participate in the ignition interlock program from one year, and you have not been convicted of a drunk driving offense or had your license suspended within the last 5 years, the administrative judge may modify the suspension.

Maximum Legal Penalties

  • First Offense:

    • Driving While Impaired, 21-902(b), (c)
    60 Days in Jail
    $500.00 Fine
    8 Points

    Driving Under the Influence, 21-902 (a),(d)
    1 Year in Jail
    $1,000.00 Fine
    12 Points

    If a minor is in the vehicle the penalties increase to 180 Days in Jail, $1,000.00 Fine for DWI, 2 Years in Jail and $2,000.00 fine for a DUI.

  • Subsequent Offense:
    • The penalties double. If a minor is in the vehicle the penalties increase to a $2,000.00 fine for DWI and 3 years in jail and a $3,000.00 fine for a DUI.