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Second Time DUI Charges In Maryland
It’s common to feel stressed and overwhelmed when facing a second DUI offense in Maryland, especially due to a second time DUI carrying increased penalties compared to a first-time DUI charge. If you’ve previously been convicted of a DUI in Maryland then you already understand how serious these charges can be and what a negative impact they can have on your life. When facing a repeat DUI charge, it’s critical to work with a skilled Maryland DUI defense lawyer to best protect your interests throughout the legal process and secure the best possible outcome. Your attorney can help you better understand your options and the best path forward. There are many caveats when it comes to DUI charges in Maryland, luckily, Hyatt & Goldbloom has successfully represented countless DUI cases and will have the experience and resources you need. For example, Maryland has different types of intoxicated driving offenses that carry different penalties, a DUI being the more serious offense and a DWI being the less serious. Call our office today for a free consultation and to learn more about how we can help.
Second DUI Charges In Maryland
First and second offense DUIs are the same in the sense that they both require the same blood alcohol content levels to be charged. According to Maryland Code § 21-902, a driver is considered to be driving under the influence if their BAC is 0.08% or higher. This is often referred to as DUI per se. In fact, even a BAC as low as 0.05% could result in a DUI charge if the arresting officer has reason to believe a driver is under the influence. However, this usually requires prosecutors to prove that a driver exhibited other signs of driving under the influence to justify the charge in court. For example, if the driver was falling over during a field sobriety test, slurring speech, or reeking of alcohol. As you can imagine, this type of evidence can be extremely subjective and dependent only upon the judgment of the arresting officer. In these situations, it’s crucial to have an experienced Baltimore second offense DUI attorney to defend you against these types of accusations.
Maryland Laws For Second Time DUI
When it comes to a second DUI offense in Maryland, the laws and penalties are noticeably greater than a first offense DUI. If convicted, fines can reach up to $2,000, your driver’s license will be suspended for at least a year, and up to two years in jail. More often than not, if you are a repeat DUI offender, the Maryland court system will seek additional probationary measures as well, such as requiring an ignition interlock system to be installed in the vehicle to be able to drive. If you blow in the device and your BAC results are positive for alcohol, the ignition system locks and prevents the car from being started.
Furthermore, the state of Maryland may also require enrollment in and completion of alcohol or drug treatment programs to encourage rehabilitation. In many cases, repeat DUI offenders will also be required to participate in the Drinking Driver Monitor Program (DDMP). The DDMP assigns a monitor to the second time DUI offender to assist in tracking and reporting their compliance with all terms of their sentence and treatment, in order to both empower and aid the DUI offender as well as provide information to the court as they perform ongoing assessments of the violation and probation.
Penalties For A Second DUI Offense In Maryland
When it comes to DUI and DWI, second-time offenders face more serious charges upon conviction than those who have never had a prior conviction. In addition to the legal consequences, a second DUI offense in Maryland can have a long-lasting impact on your personal life and career. For example, a second-time DUI can cause you to miss work due to a jail sentence or because of a revoked license. In fact, many people in a similar situation have lost their jobs due to the second DUI and the baggage that comes with it. To determine if a DUI or DWI offense is a second defense for the purpose of penalties, the second violation of Maryland Transportation § 21–902 must have occurred within 5 years of the first conviction of any of the same convictions. If convicted, second-time DUI offenders can face the following penalties:
- Second-Offense DUI: imprisonment for up to 2 years and/or a fine of up to $2,000
- Second-Offense DWI for alcohol: imprisonment for up to 1 year and/or a fine of up to $500
- Second-Offense DWI for drugs: imprisonment for up to 1 year or a fine of up to $500
- Second-Offense DWI for controlled substances: imprisonment for up to 2 years and/or a fine up to $2,000.
Enhanced Penalties If DUI Occured While Transporting Children
The state of Maryland handles DUI charges stricter than many other states, however, there is even less tolerance for those who put the lives of a child at risk by driving under the influence with a child in the vehicle. A second DUI offense in Maryland will cause the defendant to face the following consequences if convicted:
- Second-Offense DUI while transporting a minor: imprisonment for up to 3 years and/or a fine of up to $3,000
- Second-Offense DWI for alcohol while transporting a minor: imprisonment for up to 1 year and/or a fine of up to $2,000
- Second-Offense DWI for drugs while transporting a minor: imprisonment for up to 1 year or a fine of up to $2,000
- Second-Offense DWI for controlled substances while transporting a minor: imprisonment for up to 3 years and/or a fine up to $3,000.
Driver’s License Consequences For A 2nd DUI
The court is mandated to report all driving under the influence convictions to the Motor Vehicles Administration (MVA). A second offense DUI in Maryland typically results in a maximum nine-month driver’s license suspension. However, the suspension period may be longer if the driver refused testing at the scene of the DUI stop which is in violation of Maryland’s implied consent laws. Drivers who were previously convicted of a DUI or DWI offense within the last five years must also complete Maryland’s ignition interlock program. This program allows the driver to operate a motor vehicle equipped with an ignition interlock device (IID) during the license suspension period. However, the driver’s license cannot be reinstated until the completion of the one-year ignition interlock program. Suspended drivers who aren’t required to participate in the ignition interlock program can voluntarily apply for the program to obtain the IID license or can apply to the MVA for a hardship license. The hardship license comes with certain restrictions and is available only to drivers whose blood alcohol concentration (BAC) was less than .15%. There are many possibilities when it comes to administrative penalties for a second time DUI in Maryland, that’s why it’s so important to have a DUI or DWI defense attorney to guide you through every step of the process. A quality criminal defense attorney will be able to represent you in both administrative and trial legal settings. At Hyatt & Goldbloom, we understand how stressful a second DUI charge can be, that’s why our team is available at all times for you to help ensure the best possible outcome in your case.
There Is More At Stake For Second Time DUI Offenders
A second offense DUI in Maryland creates more risk than a first DUI charge. On a second offense, it’s very unlikely that someone would receive another PBJ ruling. Although not impossible, it’s rare to see a PBJ given to second-time DUI offenders given the scrutiny surrounding these offenses, and even less likely for a third-time DUI charge. Therefore if convicted, you would be facing a criminal charge. On top of that, you will get a large number of points added to your driver’s license, and your insurance rates will likely increase. Not to mention, future employers will likely ask if you’ve ever been convicted of a misdemeanor and have a hesitancy to hire someone who has been convicted. These are just a few examples of the aftermath of a second DUI conviction, in reality, there is a lot more at stake in terms of the person’s livelihood and future career possibilities. Although the Maryland DUI law stays the same for repeat offenses, the penalties are very different and can greatly increase per charge. Given how much is at stake, it’s wise to seek the best possible representation in Baltimore for your second DUI offense. Hyatt & Goldbloom has been representing these types of criminal cases for over 30 years and has the resources you need for an optimal outcome. If you’ve been charged with a second DUI offense in Maryland, contact our office for a free consultation today.
Frequently Asked Questions
Do I Need An Attorney For A Second Time DUI In Maryland?
Considering how serious the penalties for a second DUI in Maryland are, it’s urgent that you obtain a skilled and aggressive Baltimore DUI defense attorney to represent you. If you’re facing a second DUI charge, you must exhaust every option to obtain a reduced or mitigated charge rather than the maximum penalty. Our legal team at Hyatt & Goldbloom provides the knowledge and experience necessary to walk you through the fine details of a second DUI and increase the possibility of a favorable decision. Call us today for a free consultation and to learn more about how we can help.
What If I Had PBJ For My First DUI In Maryland?
Although PBJ is a favorable outcome for a first DUI offense, the court will still view your second DUI arrest as your second DUI offense in Maryland, PBJ for your first offense will not matter. Probation Before Judgement for a DUI/DWI in Maryland is treated as a conviction for sentencing purposes and cannot be expunged from your record.
What Is Maryland’s Look Back Period For DUIs?
A look-back period is an allowable time between DUI arrests that Maryland law will use to enhance penalties for repeat DUI offenses. For example, if you get a second DUI in Maryland within five years of the first DUI, then you will face enhanced penalties for the second DUI charge. It’s also important to understand that if you received a PBJ in your first DUI case, you would not be eligible to receive another PBJ in Maryland for the next ten years.
Contact A Baltimore Second DUI Attorney Today
When you receive a second DUI charge in Maryland, prosecutors become much focused on your case and will likely seek harsh consequences. Without skilled representation, you could be facing life-altering penalties. If you’ve been charged with your second DUI, the stakes are incredibly high and time is of the essence to build your defense. Hyatt & Goldbloom frequently represents DUI cases in Baltimore and has successfully defended our clients for over 30 years. If you’re facing a second DUI charge, contact our office today for a free consultation and to learn more about how we can help.