As with most states, when you are arrested for drunk driving in the State of Maryland it will result in two seperate cases. First, there is the criminal court case in which you can be subject to various penalties including fines, probation, license suspensions and even jail time. The second case is the administrative case against the Maryland Motor Vehicle Administration and the only issue at stake with this case is your privilege to drive. These two cases are completely seperate and independent from each other and it is quite possible to have the criminal charges dismissed or be acquitted and still have your license suspended through the administrative case.

Maryland has both DUI (driving under the influence) and DWI (driving while impaired) criminal charges. A BAC of .08% or higher will result in a DUI charge and a BAC of .07% will result in the charge of DWI. The refusal to take a breath test can be admitted into evidence at trial as consciousness of guilt.

Maryland DUI - The penalties of a Maryland DUI charge include the suspension of your driver’s license for 45 days, up to $1000 fine and one year in jail. A second offense can result in a $2000 fine and up to two years in jail. A DUI conviction will result in 12 points on your Maryland Driver’s License record.

Maryland DWI – The penalties for a Maryland DWI charge can include a license suspension of up to 60 days, a $500 fine and up to two months in jail for the first offense; up to a $500 fine and one year in jail for the second offense and 8 points on your Maryland Driver’s License record.

Administrative Driver’s License Action – As with most states, the arrest of someone charge with drunk driving in Maryland triggers the criminal prosecution and the administrative driver’s license action. Persons arrested for DUI have only 10 days from the date of arrest to request a Maryland Motor Vehicle Administration hearing with the Office of Administrative Hearings. If you fail to request a hearing your license will automatically be suspended.