The differences between a first and second DWI / DUI offense in Maryland

In the state of Maryland, a DUI conviction stays on your record for ten years. Therefore, it is possible to have received a DUI in your distant past and still be considered a repeat offender. For each subsequent DUI beyond your first, the penalties get stiffer and stiffer.

In the state of Maryland, you can be convicted of three different types of DUI charges: Driving Under the Influence (DUI), Driving While Impaired (DWI), and Driving Under the Influence of a Controlled or Dangerous Substance. The penalties vary for each charge.

DWI Penalties

You will be charged with Driving While Impaired (DWI) if your blood alcohol level (BAC) is between .07 and .08. The penalties for a DWI are:

First Offense

• Maximum two months in jail
• $500 fine
• 8 points on your license
• Suspension of your license

Second Offense

• Maximum one year in jail
• $500 fine
• 8 points on your license
• Suspension of your license

DUI Penalties

You will be charged with Driving Under the Influence (DUI) if your BAC is .08 or more. The penalties for a DUI are:

First Offense

• Maximum one year in jail
• $1,000 fine
• 12 points on your license
• 45 day suspension of your license

Second Offense

• Maximum two years in jail, minimum five days if both convictions occur within a five year period
• $2,000 fine
• 12 points on your license
• 90 day suspension of your license

Driving Under the Influence of a Controlled or Dangerous Substance Penalties

A controlled or dangerous substance is anything other than alcohol or certain non-prescription drugs that impairs your ability to safely operate a motor vehicle. This can include illegal drugs as well as certain prescription drugs. The penalties are:

First Offense

• Maximum one year in jail
• $1,000 fine
• Suspension or revocation of your license

Second Offense

• Maximum three years in jail
• $3,000 fine
• Revocation of your license and referral to the medical advisory board

The penalties for all of these charges become more severe if you are transporting a minor.

Jimeno & Gray P.A. Can Help

At Jimeno & Gray P.A., we have worked on both sides of DUI cases. As former Assistant State's Attorneys, we have prosecuted many DUI cases and understand the tactics used by the district attorney's office to obtain a conviction. This knowledge has greatly helped us in our defense of DUI cases, and has enabled us to provide our clients with the highest quality service and the best possible strategies for reducing your sentence. We recognize that each case is different, and we strive to cater our defense to each individual client's particular situation.

If you have been charged with a DUI, please contact Jimeno & Gray, P.A. today to schedule an initial consultation.