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Maryland DUI Penalties

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Maryland DUI Penalties

Implied Consent Laws

Blood-Alcohol Concentration

Zero Tolerance Blood Alcohol Concentration

Enhanced Penalty Blood Alcohol Concentration

Administrative License Suspension/Revocation Penalties

Vehicle Confiscation

Ignition Interlock

Mandatory Alcohol Education and Assessment/Treatment



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Implied Consent Laws


Laws involve drivers alleged of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Rejection carries penalties that can include obligatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Maryland, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this confirmation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Maryland, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more strict punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instance of arrest; this is ordinarily .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Maryland.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Maryland’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Maryland, for the opening DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The penalty of vehicle confiscation for DUI conviction – either permanently or temporarily - is a risk in some states, ordinarily for repeat offenders. This is not a penalty option in Maryland.

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Ignition Interlock

An ignition interlock device attaches to the convicted DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a option in some states, this is not an option in Maryland.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol education and prevention program, treatment for alcohol abuse, and review of a person for possible alcohol or drug dependence can be required for DUI offenders in Maryland. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

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