Laws involve drivers alleged of driving under the influence to yield to breath, blood, or urine testing for alcohol content are known as “Implied Consent Laws.” Failure to do so can carry penalties including obligatory suspension of a driving license 120 days up to a year for multiple offenses
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).
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
In Maryland there is a stricter punishment for those convicted of a DUI with an especially high blood-alcohol content at the instance of arrest– this is typically .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Maryland.
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 (as explained 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 Motor Vehicle Administration (MVA). In Maryland, for the first DUI offense, a Blood Alcohol Content above .08 but less than .15 the mandatory suspension is 45 days.– 15 and above is a mandatory suspension of 90 days — refusal to take the test is 120 days.
An ignition interlock device attaches to the DUI offender’s vehicle and requires the driver to perform a breath test before the vehicle will start and during operation of the vehicle. While this penalty for DUI conviction is an option in some states, it can be imposed in Maryland
Alcohol education and prevention program, treatment for alcohol abuse, and review of a person for possible alcohol or drug dependence may be required for DUI offenders in Maryland. These steps are often encouraged to potentially prevent serving a sentence of incarceration or paying fines.
The Law Office of Matthew Wyman can recommend a program that is near where you work or live.