DUIs can feel like life-altering events. Without the proper DUI defense, you can face severe consequences that affect your rights and privileges. A DUI arrest can carry penalties up to a $1,000 fine and one year in jail in Maryland. However, most first offense DUI charges have lesser penalties, like a temporary loss of driving privileges or enrolling in the ignition interlock program.
If you’re worried about going to jail for DUI charges in Maryland, see what your options are for a first arrest, a subsequent arrest, and how an experienced Maryland DUI lawyer can help to reduce your charges or get a jury on your side.
Disclaimer: articles on sallerlaw.com are not intended as legal advice and should not be taken as such, please consult an attorney for advice about your individual situation.
First Offense DUI in Maryland
A first offense DUI arrest in Maryland can carry up to a $1,000 fine or up to 1 year in jail. However, many first DUI charges end in lesser penalties, especially with the assistance of an experienced DUI attorney.
Your Options for a First DUI Arrest in Maryland
Temporary Loss of License
You will be issued a temporary license that is valid for 45 days following a DUI arrest. After its expiration, you will lose your license for 6 to 9 months, depending on the results of your BAC or blood test (or lack thereof). You may choose to lose your license for this duration and then go through the proper channels to get your license back after the allotted time frame.
MVA Hearing Defense
If you have grounds to fight for your license with an MVA judge, you may do so at your DUI MVA hearing. Your MVA hearing does not issue criminal charges but determines consequences and penalties related to your license and driving privileges. A DUI attorney may help represent you at your MVA hearing.
Restricted License
A restricted license will allow you to drive for necessary reasons only, like work, school, alcohol rehabilitation, and medical appointments. A restricted license does not grant driving privileges for groceries, dining, family visits, or other similar events. You are only eligible for a restricted license if your breath test was below .15.
Ignition Interlock Installation
You may choose to enroll in the ignition interlock system, which installs a device into your ignition that you must blow into before starting your car. The ignition interlock measures your BAC. If your DUI arrest showed a breath test below .15, you will require an ignition interlock for 6 months, while a higher test or lack of a test will result in a one-year device installation. Drivers are required to pay for their own ignition interlock system and all required monthly maintenance. You are not permitted to drive other vehicles while enrolled in the ignition interlock system.
What is My Best Option?
Drivers can consult with their attorney on their best option following a DUI arrest. For some drivers, a temporary loss of license or restricted license is easier than going through the process of fighting the charges. Many drivers opt for the ignition interlock device to maintain their driving privileges, despite the costs associated. However, DUI charges can be fought. Your DUI attorney can consult on defensive strategies to reduce the charges, help maintain your license, or have the case dismissed altogether.
Defensive Strategies for a First DUI in Maryland
Probation Before Judgment (PBJ)
Otherwise known as probation without conviction, drivers agree to a period of probation, and if all rules are followed by the end of the probation, it is as if the charge never existed. This can be an option for drivers facing DUI charges who are eligible candidates for good behavior and can follow the rules of probation as set by the judge. The rules of each probation vary on a case by case basis. Your DUI attorney can consult on your options, timeframe, and more.
Rehabilitation or Community Service
Almost all DUI arrests will involve a recommendation for DUI rehabilitation. It is in good faith to join an alcohol rehab service ASAP following your arrest to demonstrate good behavior. Your DUI attorney may also discuss community service or some other way of giving back to the community in lieu of jail time or fines. It is important to know what happens after a DUI to know the best option for you.
Trial by Jury
Trial by jury can be very intimidating, but in some cases, your DUI lawyers will argue on behalf of a trial due to a mishandling of the DUI arrest by police. This can allow the case to get thrown out entirely if the proper protocols and testing were not completed. By providing all evidence possible to your DUI attorney as soon as possible after your arrest, you can begin choosing the best option for you and your case.
What May Affect Your DUI Charge
While most first DUI charges are able to qualify for more lenient penalties, like PBJs or ignition interlock systems, other circumstances can affect a DUI arrest. You may face more severe penalties for a DUI in Maryland if:
- You are under the legal drinking age (21)
- Someone was injured due to drinking and driving
- Your blood alcohol measured above 0.2
- A minor under the age of 15 was in the vehicle
- You were driving 20MPH over the posted speed limit
Second or Subsequent Offense DUI
If you are facing a second (or third or fourth) DUI arrest in Maryland, you will face minimum required jail time. For a second DUI offense, the minimum jail time begins at 5 days. The jail time increases for each subsequent offense. The maximum jail time is 2 years for a second offense and 3 years for a third offense.
Subsequent DUI arrests in Maryland require representation from an experienced DUI lawyer. Leniency is most common with first DUI arrests, with more DUI charges involving harsher penalties.
If you want to avoid lengthy jail times due to a second or third DUI arrest, you need to consult with a DUI attorney ASAP to avoid DUI jail time.
Get a Free Consult to Fight Your DUI Charge in Maryland
DUI jail time is possible with a first DUI offense in Maryland and required for all following offenses. While a minimum stay of 5 days imprisonment is required for second DUI charges, your DUI lawyer can help reduce your stay from the maximum of two years (or more, for more charges).
First DUI offenders are worried about DUI jail time but the right lawyers can assist. You can reduce your charges, take limited driving privileges, or fight the arrest altogether. DUI jail time is possible but can be avoided with probation, rehabilitation, and other signs of good behavior. Learn how to navigate a DUI charge and avoid DUI jail time with DUI lawyers in Maryland at Saller Law.
Frequently Asked Questions
Will I go to jail for a first DUI in Maryland?
A first DUI in Maryland can carry up to one year in jail, but many first-time offenders receive lesser penalties. A DUI lawyer can consult on your case and provide representation to help you understand your options.
What are my options for keeping my license after a first DUI arrest?
To keep your license after a DUI arrest, you may choose a restricted license or an ignition interlock system. A DUI attorney may also advise on fighting the loss of the license at an MVA hearing or asking the judge for leniency when determining the criminal charges.
What is Probation Before Judgment (PBJ) for a DUI?
PBJ places you on probation without a conviction, so you may complete the probation period and have the DUI disappear from your record. Consult with a DUI attorney to see if you are eligible for a PBJ in Maryland to avoid DUI jail time.
Is jail time required for a second DUI in Maryland?
Yes. A second DUI offense in Maryland requires a minimum of 5 days in jail, and additional offenses result in longer mandatory jail sentences. Consult with an experienced DUI attorney if you are worried about DUI jail time to learn what your options are.
