DUI Penalty Guide – 1st, 2nd, 3rd, 4th and even 5th DUI

by | Drunk Driving Accidents, DUI/DWI
DUI penalty guide

Being pulled over by law enforcement is something all drivers dread. While even a minor ticket can result in major hassles, these tickets can seem mild when compared to DUI consequences. As one of the most serious situations a driver can face, being charged with driving under the influence or driving while impaired jeopardizes your driving privileges, while burdening you with heavy fines and court costs. Jail time is likely, and you could end up facing impacts in your personal and professional life as the well. If you are facing these kinds of charges, the following is important information you need to know about the potential DUI penalties and punishments you are likely to receive in the state of Maryland.

Penalties You Can Expect For DUI/DWI

costly injury accidentsAccording to DUI penalties listed by the Maryland Motor Vehicle Administration (MVA), your blood alcohol content (BAC) level will be measured by the officer who pulls you over. If your BAC level is 0.08 or greater, you will be charged with driving under the influence of alcohol (DUI). If your BAC is 0.07 or lower, you can be charged with driving while impaired (DWI). The following are DUI penalties listed by the MVA which you could face if convicted of these charges:

1st DUI Penalties

If you are convicted of a first DUI, with no prior DUI or DWI charges, potential penalties include:

  • Fines up to $1,000;
  • Jail time up to one year;
  • A total of 12 points added to your license; and
  • Driver’s license suspension up to six months.

While DWI is less serious than a DUI, the potential penalties are still severe. Penalties for a first time DWI include:

  • Fines up to $500;
  • Jail time up to 2 months;
  • 8 total points on your license; and
  • Driver’s license suspension up to 60 days.

2nd DUI Penalties

DUI and DWI consequences become more severe if you have been previously convicted at any time over the past five years. You will be considered a repeat offender, and DUI penalties listed by the MVA for repeat offenders include the following:

For a second DUI:

  • Fines up to $2,000/$500 for DWI;
  • Mandatory minimum jail time of 5 days and jail sentences up to 2 years/ Up to one year for DWI;
  • 12 additional points on your license/8 points for DWI;
  • Driver’s license revocation for one year;/120 days for DWI
  • Mandatory participation in an alcohol or drug abuse counseling and assessment program;
  • Following revocation, 12 month waiting period to reinstate your license;
  • Participation in the Ignition Interlock Program for one year.

3rd DUI Penalties

DUI consequences continue to climb for a third offense. According to Section 27–101 of the Massachusetts Transportation Code, DUI penalties for a third conviction include:

  • Fines up to $3,000;
  • Mandatory minimum jail time of 10 days and jail sentences up to 3 years;
  • 12 additional points on your license;
  • Driver’s license revocation for 18 months;
  • Mandatory participation in an alcohol or drug abuse counseling and assessment program;
  • Following revocation, 18 month waiting period to reinstate your license;
  • Participation in the Ignition Interlock Program for a year or more.

4th DUI Penalties

Under Maryland law, a fourth DUI in under five years is subject to the same penalties as a third DUI. At the same time, a judge is more likely to impose the maximum sentence and there are additional wait times for reinstatement of your license. Penalties for a fourth DUI include:

  • $3,000 fines;
  • 3 years’ imprisonment;
  • 12 additional points on your license;
  • Driver’s license revocation for 18 months;
  • Mandatory participation in an alcohol or drug abuse counseling and assessment program;
  • Following revocation, 24 month wait time to reinstate your license; and
  • Participation in the Ignition Interlock Program for a year or more.

5th DUI Penalties

If you are facing your fifth DUI, it is more than likely that in addition to the penalties listed above, you are also facing charges of driving without a license. Penalties for driving under a revoked license in Maryland include:

  • 12 addition points on the license;
  • Up to a year in jail; and
  • Up to $1,000 in fines.

Bear in mind that the consequences of driving under a revoked license go up with each offense, and, as stated, the amount of fines and jail time is in addition to your other DUI consequences and penalties.

How Our DUI Lawyers Can Help Reduce the Penalties

DUI Justice and helpAt Jimeno & Gray, P.A, our experienced Maryland DUI/DWI attorneys provide aggressive legal representation for people facing these types of charges. We strategize the best course of defense for your particular situation, and evaluate the unique variables in each client’s case. We fight for our client’s rights, and are prepared to go to court on your behalf if it is in your best interests. We can help reduce the penalties associated with your charges by disputing the circumstances under which you were stopped or the results of your field sobriety test. You can learn more about the elements that go into defending a DUI/DWI case by reading our free DWI Legal Guide.

Questions & Answers

When facing DUI consequences, it is only natural to have questions. The following are some of the most commonly asked questions we hear from clients:

What should I do if I get stopped by the police after I have been drinking?

Your best bet is to be polite, provide your driver information, and avoid making any statements about the amount you had to drink or where you were prior to being stopped.

Do I have to take a field sobriety test?

No, you do not. At the same time, the MVA advises that refusing to submit to a field sobriety test can result in an automatic 120 day license suspension and additional fines and jail time if later convicted of DUI.

What should I do if I am arrested?

If you are placed under arrest, remember to remain calm, say as little as possible, and contact our experienced DUI attorney.

Let Us Assist You Today

If you or a loved one is facing DUI charges, contact Jimeno & Gray, P.A. today. Our experienced Maryland DUI attorneys can advise you on your rights and assist you in developing a strong legal strategy to defend you your charges. Serving Anne Arundel county and the surrounding areas, our office can help; call or contact us online today for a free consultation.