We recently had a driver arrested for their third DUI in Maryland and they were wondering if they will be able to avoid jail-time. States laws outline the penalties and fines for drunk driving in most states. Maryland penalties and fines for a third drunk driving offense are listed below.
Maryland DUI – Penalties for third DUI conviction
Drivers arrested for a third DUI in Maryland can expect the following:
- To spend up to three years in jail.
- To have their license suspended for up to 18 months
- To pay up to $3,000
Unlike other states, Maryland state laws have not outlined stricter penalties for drivers with a higher blood alcohol level (BAC) but judges frequently take this into consideration when administering penalties.
Drivers will also have administrative penalties which are separate from those associated with a criminal conviction. For example, if you were arrested for DUI but refused to take a chemical test or you failed the chemical test with a BAC above the legal limit you will have your license immediately suspended. The suspension will increase for each time you are arrested. Administrative license suspensions can be challenged through an administrative hearing.
Additionally, although the criminal courts may not impose a higher penalty for an arrest with a high BAC, the Maryland Motor Vehicle Administration can. If your BAC was above 0.15% the administrative court may require you to install an ignition interlock device on your car.
Additional Factors after Maryland DUI arrest
The challenge of a third DUI in any state is it shows that you may have a serious drinking problem and the court no longer considers your actions a “mistake” but you begin to look much more like a “repeat offender.” Avoiding jail time may become your goal, but the courts are much more interested in making sure your behavior is stopped and jail time can be a strong deterrent.
Arrested for drunk driving in Maryland but I was not driving
There are many drivers who are arrested for DUI but who are not actually driving the car. Maybe they are parked in a parking lot or sleeping in their car. State court cases have laid out some specific factors which the court will analyze to determine if the driver was in “actual physical control” of the car. What will the state review?
- Was the car running?
- Where is the driver?
- Is the person awake or asleep?
- Is the motorized vehicle parked or is it on the roadway?
- Is the driver in possession of the ignition key and where is it?
The court will review all of these factors prior to making their determination of whether or not the driver was in actual physical control. Every case is different and if you have been arrested for DUI but you were not driving talk to a DUI lawyer about challenging the legal argument that you were in actual physical control of your car.
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