As the holiday season starts up, it’s easy for drivers to find themselves in a position where they are drinking and driving. The risk of drunk driving crashes increases between Thanksgiving and New Year’s Day. According to the National Highway Traffic Safety Administration (NHTSA), more than 800 people died in alcohol-impaired crashes during Thanksgiving weekends from 2012 to 2016.
Nationally, over the past five years, 300 people on average died in drunk driving crashes the week between Christmas and New Year. In 2016, 781 people nationwide lost their lives in crashes related to drunk driving just in the month of December.
In Maryland, during the 2019 holiday season between Christmas Eve and New Year’s Day, Maryland State Police reported arresting 149 people for driving under the influence.
Drunk Driving Accidents in Maryland: Annapolis and Ocean City Among the Hardest Hit
Most instances of DWI and DUI occur in large metropolitan areas. Nearly half of all impaired driving accidents occur in the Baltimore area. Last year, a driver in Ocean City who had multiple arrests for drunk driving was involved in a crash in the seaside city where one man died. The impaired driver was sentenced to 17 years in jail. In December 2019, an Annapolis man died after he was struck by a car that police believe was driven by a drunk driver.
Maryland Drunk Driving Laws Toughen: What the Repeat Offenders Act Means for DUI and DWI Charges
Lawmakers often make changes to Maryland drunk driving laws. Last year, Maryland’s politicians increased the penalties for driving while impaired (DWI) and driving while under the influence (DUI). The “Repeat Drunk Driving Offenders Act” took effect Oct. 1, 2019. The law increased the maximum jail time for those convicted of vehicular homicide while under the influence from three to five years and it doubled prison time from five to 10 years for drivers with prior convictions.
What’s the Difference Between DUI and DWI in Maryland? Understanding Charges and BAC Levels
There are two basic drunk driving charges in Maryland – DUI and DWI.
DWI stands for “driving while impaired.” A DWI can be charged when a driver’s blood alcohol is measured at .04% to .07%. Charging a DWI at the lower end of the scale is up to the judgment of the officer. In many instances, if you measure at the lower end of the scale and take a field sobriety test but fail the test, an officer will probably charge you with a DWI. A DWI is a lesser offense than a DUI.
Penalties for DWI in Maryland
Here are the penalties for DWI in Maryland, as outlined by the Maryland MVA:
First Offense:
- Up to 60 days in jail
- 6 months license suspension
- $500 fine
- Eight points on your driving record
Second Offense:
- Up to 1 year in jail
- 9-12 months license suspension
- $500 fine
- Eight points on your driving record
These penalties increase for drivers under the age of 21. Underage drivers can face up to one year license revocation for their first offense and up to two years for their second.
Enhanced Penalties
- Driving with a minor in the car: Up to 1 year in jail and a $2,000 fine
- If your DWI caused a personal injury: Up to 2years in prison and a $3,000 fine
- If your DWI resulted in a fatality: Up to 3 years in prison and a $3,000 fine
Penalties for DUI in Maryland
DUI stands for “driving under the influence.” Being charged with a DUI in Maryland means that your blood alcohol concentration posted at 0.08% or higher. Blood alcohol concentration (BAC) is the amount of alcohol present in a 100 milliliter (mL) volume of blood. A DUI is a greater offense than a DWI.
First offense:
- Up to 1 year in jail
- Fine up to $1,000
- License suspension for up to 6 months
- 12 points on your driving record
Second offense:
- Up to 2 years in jail, serving at least 5 days
- Fine up to $2,000
- License suspension for up to 1 year
- 12 points on your driving record
- Possible enrollment in an alcohol abuse and assessment program
If you are convicted of two DUIs within a five year period, you will also have to participate in Maryland's Ignition Interlock Program.
Facing a DUI or DWI in Ocean City, Maryland? Contact Maronick Law
If you are facing a DWI or DUI charge in Maryland, an experienced attorney can help. The attorneys at Maronick Law have experience fighting Annapolis, Baltimore, Essex, Ocean City, Towson, White Marsh DUI/DWI charges.
Maronick Law continues to meet your legal needs. We can meet with you remotely if you have access to Zoom. You can contact Thomas Maronick on his cellphone at 202-288-0167, the law office at 443-551-2747 or via our online contact form for a free consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.