Driving Under the Influence of Alcohol, Transp. Article, Section 21-902(a)(1)

This offense carries a maximum penalty of one year in jail and/or a $1,000 fine, and a conviction results in 12 points being imposed on the persons driving record.  This can result in the person having their privilege to drive revoked after such a conviction.  There must be sufficient evidence that a person consumed alcohol that substantially impaired the persons normal coordination to be convicted of this offense, and the State can prosecute this offense not only when there is no alcohol test result, but even when there is a test result less than 0.08.

Driving Under the Influence of Alcohol Per Se, Transp. Article, Section 21-902(a)(2)
This offense carries a maximum penalty of one year in jail and/or a $1,000 fine, and a conviction results in 12 points being imposed on the persons driving record.  This can result in the person having their privilege to drive revoked after such a conviction.  Under this section, the State will seek to introduce a test result of 0.08 or more to prove the offense, but it is important to note that such a test only creates a permissive inference that the person was driving under the influence per se.  Accordingly, the person can still contest the validity and reliability of the test result, and argue that the result was not reflective of the alcohol in their system at the time they were driving.

Driving While Impaired by Alcohol, Transp. Article Section 21-902(b)
This is generally considered to a lesser alcohol driving offense, and is a a situation where a persons normal coordination has been affected by alcohol, but does not rise to the level of substantially impairing.  This offense carries a maximum penalty of two months in jail and/or a $500 fine, and a conviction results in 8 points being imposed on the persons driving record.  This can result in the person having their privilege to drive suspended after such a conviction.

Driving While Impaired by Drugs, or Drugs and Alcohol, Transp. Article Section 21-902(c)
This section prohibits driving while impaired by drugs, or a combination of drugs and alcohol to the extent that the person cannot drive a vehicle safely.  This offense is normally charged when the police officer believes a person is impaired by prescribed or over-the-counter medication.  While there may be some evidence that the person ingested alcohol as well, this charge can be pursued even if there is no alcohol in the persons system and the person is taking medication in compliance with their doctors instructions.   Typically, a Drug Recognition Expert (DRE), who is a police officer with additional training in assessing a person for drug impairment, will perform an examination and seek to offer an opinion in court.  There are many defenses to this charge, and the opinion offered by the DRE.  Moreover, it is a defense if a person was taking a prescribed dose of medication, yet was unaware that doing so would impair their ability to operate a vehicle safely. This offense carries a maximum penalty of two months in jail and/or a $500 fine, and a conviction results in 8 points being imposed on the persons driving record.  This can result in the person having their privilege to drive suspended after such a conviction.

Driving While Impaired by Controlled Dangerous Substances, Transp. Article Section 21-902(d)
This section prohibits driving while impaired by a controlled dangerous substance that they are not entitled to legally use (e.g., marijuana, cocaine, heroin) Typically, a Drug Recognition Expert (DRE), who is a police officer with additional training in assessing a person for drug impairment, will perform an examination and seek to offer an opinion in court.  There are many defenses to this charge, and the opinion offered by the DRE. This offense carries a maximum penalty of one year in jail and/or a $1000 fine, and a conviction results in 12 points being imposed on the persons driving record.  This can result in the person having their privilege to drive revoked after such a conviction.

Are there enhanced penalties beyond those listed above that could be imposed?
Absolutely.  If someone has prior convictions, and they are notified by the State that subsequent offender treatment is sought, potential penalties can increase. 

For example, for a second conviction of the more serious charges of Driving Under the Influence of Alcohol, Driving Under the Influence of Alcohol Per Se, or Driving While Impaired by a Controlled Dangerous Substance, a person could receive up to two years of incarceration and/or a $2,000 fine, and for a third conviction of these offense, the potential penalty a person could receive rises to three years of incarceration and/or a $3,000 fine.  Even if a person was convicted within the previous 5 years of the lesser offenses of Driving While Impaired by Alcohol or Driving While Impaired by Drugs, or Drugs and Alcohol, those convictions will be treated as if they were convictions for the more serious offenses for purposes of sentencing.   Also, there are mandatory minimum sentence of five days in jail if a person receives two convictions of the more serious offense within five years, and a mandatory minimum sentence of 10 days in jail if receiving three within the five year period.  Convictions from other states can also be used when determining whether the person has sufficient prior convictions.

Even if a person receives a second conviction on the less serious charges of Driving While Impaired by Alcohol, and Driving while Impaired by Drugs, or Drugs and Alcohol, the penalties will be increased.  For a second or subsequent conviction of these charges, the potential penalty increases  to a maximum of one year in jail and a $2,000 fine.

Potential jail time and fines can also increase if a minor was in the vehicle at the time of the offense.  If a person is convicted for Driving Under the Influence of Alcohol or Driving While Impaired by a Controlled Dangerous Substance with a minor in the vehicle, the penalty for the first offense maximum penalty is increased to up to 2 years in jail and a $2,000 fine, for the second offense the maximum penalty is increased up to 3 years in jail and a $3,000 fine, and for a third or subsequent offense, a person faces up to 4 years in jail and a $4,000 fine.


Are there other DUI-related crimes that exist based on injuries to another?
Yes.  Anytime a person is in a collision an alleged to have been impaired by alcohol or drugs, the stakes are higher.  That is especially true if death or serious physical injury results.  A person can be charged with a felony of automobile manslaughter if they cause a death by driving in a grossly negligent manner, and receive up to a 10 year period of incarceration and/or a $5,000 fine, and a conviction results in 12 points being imposed on the persons driving record.  This can result in the person having their privilege to drive revoked after such a conviction.  A person can be charged with Homicide while DUI, DUI per se, and DWI, and based on the level of alcohol impairment found, can receive from three to five years of incarceration and/or a $5,000.  Even if there is no death as a result, a person can face substantial penalties if convicted of driving impaired and causing life threatening injury.  If convicted of such an offense, a person faces from two to three years of incarceration, and up to a $5,000 fine depending on the amount of impairment at the time.

What does the alcohol test results really mean?
It is often erroneously believed that a 0.08 blood alcohol content is the legal limit in Maryland, thereby implying that there are no criminal violations possible as long as the persons test is under that amount.  That is simply not true.  Even if a test is less than 0.08, a person can still be prosecuted for driving under the influence or impaired based on the alcohol test result and other observations.  In Maryland, alcohol test results are legally interpreted as follows:

0.08 or more - there is a permissive inference that a person is per se impaired by alcohol

over 0.07 but less than 0.08 - this is prima facie evidence of impairment by alcohol

0.06 - there is no legal presumption of impairment by alcohol, but it is a factor considered with other evidence

0.05 or less - there is a legal presumption that a person is not impaired by alcohol

Even as to a reading of less than 0.05, a person could be accused of having ingested alcohol and drugs that would create an impairment.  Moreover, although not common, we have seen individuals prosecuted with an alcohol test reading as low as 0.03, even without drugs being alleged, when the prosecution contended that the person was especially sensitive to alcohol.  As such, regardless of the result of the alcohol test, a person can be charged with being under the influence or impaired by alcohol depending on other observations of the police officer.