How Long Will a DUI Stay on My Record in MD?
If you have been convicted of drunk driving, you likely want to move on from that difficult experience. It is common for those with a drunk driving conviction on their record to wonder when, or if at all, the DUI will be cleared from their record.
It is unfortunate that individuals in Maryland who have been convicted of DWI or DUI cannot completely expunge these convictions from their criminal records. This implies that law enforcement officials and others conducting background checks will always have access to records of drunk driving convictions. As a result, moving on with their lives can be challenging for those who have been convicted.
Contact Rice, Murtha & Psoras today at (410) 431-0911 to receive your free case assessment with our Maryland criminal defense lawyers.
How Long Does a DUI Stay on Your Driving Record in Maryland?
If you’ve received traffic violation points on your Maryland driving record for driving under the influence (DUI) or driving while intoxicated (DWI), you might worry how long these points will remain. While a DUI conviction will stay on your record, the points from a DUI can be removed.
According to Maryland law, points stay on your driving record for three years from the date of the violation. This means that your public record and potential employers can see these records for three full years, including your insurance company.
However, points remain on your driving record until they are officially expunged by the Maryland Motor Vehicle Administration (MVA). Fortunately, our Maryland DUI defense attorneys can help you determine when your points can be removed and begin the process. Unless your points are specifically removed from your record, they will stay hidden from public view forever. Fortunately, points are only considered current points that count against your record for two years after the violation date.
How Long is a Driver’s License Suspended After a DUI in Maryland?
Being charged with a drunk driving conviction in Maryland can be daunting, especially when you need to drive to fulfill your day-to-day responsibilities. One of the most frequently asked questions in such cases is how long your license will be suspended.
If you are arrested for a DUI in Maryland, the officer will usually take your license immediately. If you take no further action, the MVA will automatically move to suspend your driving privileges 46 days after your initial arrest.
If you took a chemical test when you were arrested for DUI, and your blood alcohol concentration was between 0.08 and 0.15, and this was your first offense in the past five years, then you will probably have your license suspended for 90 days or be required to participate in the ignition interlock program for six months.
If you took a chemical test and your BAC was above 0.15 percent, your license will likely be suspended by the MVA for 180 days, or you will have to participate in the ignition interlock program for one year. If you have a second offense, your suspension period will be longer, usually 270 days, and you will have to participate in the ignition interlock program for one year.
The final category of drivers includes those who refused to take a chemical test. These drivers can expect a suspension of up to 270 days and mandatory participation in the ignition interlock program for one year. For repeat offenders, the suspension period will likely be longer, and for a third or subsequent offense, you will be required to have an ignition interlock for three years.
What are the Penalties for a First DUI in Maryland?
DUI and DWI offenses have varying penalties. For those who commit their first DUI or DWI, the sentence is typically less severe. However, if there are aggravating circumstances, the maximum penalty might be applied. For a first-time DUI offense within a five-year period, the offender can expect to face a maximum of one year of incarceration. The penalties might also include fines of up to $1,000 and suspension of their driver’s license for six months.
If a driver had a minor passenger during the offense, the maximum jail time and fines can be doubled. While drug and alcohol treatment is not compulsory for the first offense, the time spent in treatment might be credited towards reducing the offender’s jail sentence.
A first DWI offense in Maryland typically results in up to two months of incarceration, fines of up to $500, and a driving license suspension of six months. However, if minors were in the car during the DWI, the maximum jail time increases to one year, and the maximum fine is raised to $1,000. Like a first-time DUI offense, the time spent in a drug treatment program can be credited towards a sentence, which could reduce it.
What are the Penalties for a Second DUI in Maryland?
Penalties for a second DUI/DWI offense differ from those for a first offense. However, the sentence for a second offense will usually be harsher due to the development of a pattern of breaking the law. If convicted of a second DUI offense within a five-year period, the driver can expect more severe penalties, including imprisonment lasting from five days to two years, fines of up to $2,000, and a license suspension lasting 12 months. In cases where a minor passenger is involved, the fines can increase by $1,000, and the imprisonment term can be extended by one year.
Second-time DUI offenders are required to undergo an assessment for alcohol and drug abuse and comply with any recommended treatment. Any time spent in treatment can be credited towards fulfilling the mandatory jail time.
For a second DWI offense in Maryland, a defendant will typically face up to one year of incarceration, fines of up to $500, and a license suspension lasting up to nine months. However, if the second DWI offense involved minor passengers, the maximum jail time increases to two years, and the maximum fine rises to $2,000. While drug and alcohol treatment is not compulsory for a second DWI offense, any time spent in treatment can be applied towards reducing the imposed jail sentence.
What are the Penalties for a Third DUI in Maryland?
Harsh sentencing is expected for an offender with two previous DUI or DWI convictions. When a third DUI offense occurs, with at least one prior offense happening within five years, the defendant can anticipate up to five years in jail, fines reaching $5,000, and the suspension of their license for 18 months. If a minor passenger is present during the offense, an additional $1,000 can be added to the fines, and the jail time can be extended by one year.
Third-time DUI offenders, like other additional DUI cases, must complete an alcohol and drug assessment and adhere to any recommended treatment. In Maryland, third-time DWI offenders will typically receive up to five years of incarceration, fines of up to $5,000, and a 12-month license suspension.
Our Maryland DUI Defense Lawyers Can Help
For a free case review with our Baltimore DUI defense attorneys, call Rice, Murtha & Psoras at (410) 431-0911.