Maryland DUI Laws and Drunk Driving Information
If you are arrested for DUI in Maryland there will be two separate cases against you. The first is a criminal case brought by the state of Maryland itself for the action of driving under the influence (DUI) and the second is a license revocation attempt made by the Maryland Department of Motor Vehicles. The legal limit of intoxication in the state of Maryland is .08. It is important to realize that even if your blood alcohol content is below the legal limit that you can still be arrested ifor DUI if the officer thinks you are driving recklessly.
While most commonly Maryland uses Driving under the influence or DUI as the charge, they also can and
do arrest people for DWI or Driving while intoxicated. A DWI in Maryland is a lesser offense than a Maryland DUI, but it is still a very serious charge. Maryland is a member of the Interstate Drivers License Compact which means if you are tried and convicted of a Maryland DUI or Maryland DWI they will share this information with other states that also belong to this program.
Maryland DUI Laws
§ 21-902.
Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol,
or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while
impaired by a controlled dangerous substance.
(a) Driving while under the influence of alcohol or under the influence of alcohol per se.-
(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol
per se.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(b) Driving while impaired by alcohol.-
(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(c) Driving while impaired by drugs or drugs and alcohol.-
(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any
combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle
safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled
under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and
alcohol, unless the person was unaware that the drug or combination would make the person incapable of
safely driving a vehicle.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.
(d) Driving while impaired by controlled dangerous substance.-
(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled
dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not
entitled to use the controlled dangerous substance under the laws of this State.
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) Crime committed in another jurisdiction.- For purposes of the application of subsequent offender penalties
under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that,
if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be
considered a violation of subsection (a), (b), (c), or (d) of this section.
[An. Code 1957, art. 661/2, § 11-902; 1977, ch. 14, § 2; 1980, ch. 144; 1981, ch. 242; 1988, ch. 562; 1993, ch. 308;
1995, ch. 498; 1996, ch. 652, § 2; 1997, ch. 451; 1999, ch. 347; 2001, chs. 4, 5, 483; 2002, ch. 213, § 6; 2003, chs. 243,
244, 246; 2004, ch. 335; 2005, chs. 482, 495, 496.]