Will I Go to Jail After a Second DUI in Maryland?

Facing a second DUI offense in Maryland can be an overwhelming and stressful experience. If you have previously been convicted of a DUI, you are likely aware of the gravity of these charges but might be uncertain about the possibility of being sentenced to jail.

The judicial system typically approaches second DUI cases with increased seriousness compared to first-time offenses. When charged with a second DUI, individuals are likely to face enhanced penalties, which might include jail time. However, for most second-time offenders, the duration of jail sentences is often limited to a few days, depending on the specific circumstances surrounding the case. Nevertheless, it is possible to avoid jail time by employing a strong and effective defense strategy.

For a free case review with our Baltimore DUI defense attorneys, call Rice, Murtha & Psoras at (410) 694-7291.

Can I Be Sent to Jail After a Second DUI Arrest in Maryland?

A second driving under the influence (DUI) charge can be considerably more serious than the first. The consequences are more severe, and it is possible to face jail time. However, whether or not an individual will be sentenced to jail depends on the specific details of their case. Our Pasadena DUI defense attorneys can help you determine what penalties you might be facing after a second DUI and how to defend your rights. Whether or not an individual will be sentenced to jail typically depends on how soon after their first DUI they were arrested for their second.

Penalties for a Second DUI Arrest

In Maryland, a second DUI offense carries significant penalties, including a potential jail sentence of up to two years and fines amounting to $2,000. However, if a minor child was present in the vehicle at the time of the arrest, the penalty escalates to three years in jail and $3,000 in fines.

In addition to the legal repercussions, individuals who receive two alcohol-related driving charges within a five-year period are required to undergo a mandatory alcohol abuse program. They must also participate in a court-ordered alcohol abuse program. It is crucial to be aware that “probation before judgment” is not an option unless ten years have passed since the last DUI charge.

It is also important to note that despite receiving probation before judgment for the first DUI offense and not being technically convicted, the court will still consider the second DUI arrest as the individual’s second DUI. Probation before judgment, though treated as a conviction for sentencing purposes, cannot be expunged from the individual’s record.

Jail Sentences for a Second DUI Arrest

Fortunately, second-time offenders are typically not even sentenced to a year in jail, let alone the two-year maximum mentioned above. When a person who previously received probation before judgment for their first offense is charged with a second offense, the sentences typically range from a weekend of incarceration to a maximum of 20 days in jail.

However, if a driver is convicted of two DUIs within a five-year period, they are subject to a mandatory sentence of five days in jail per Md. Code, Transp. Art., § 27-101.

What Will Happen to My Driver’s License After a Second DUI in Maryland?

Per the Maryland Motor Vehicle Administration rules, a driver found guilty of a second DUI offense will have 12 points added to their license and might face license revocation for up to one year. This revocation applies if an individual has been convicted of two DUIs within five years. Following the license revocation, participation in the Ignition Interlock Program for one year will be mandatory. However, there are options that could allow you to remain on the road for important purposes.

Work Permit Licenses

To be eligible for a work permit license in Maryland, one of the requirements is that the applicant must not have had any previous license suspensions or alcohol convictions within the past five years. If an individual has an offense within this timeframe, they are not eligible for a work permit license in their DUI administrative case.

A work permit license grants individuals the privilege to drive their own vehicle, without the need for an ignition interlock device, to and from work or any work-related activities. It also allows for transportation to school or any school-related activities, medical appointments, and alcohol treatment. This license serves as a means to facilitate necessary daily tasks while ensuring compliance with relevant regulations.

Ignition Interlock Program

Typically, individuals convicted of a second DUI offense are required to participate in the Ignition Interlock Program, which entails a more restrictive type of license compared to a work permit. The program involves the installation of an ignition interlock device (IID), which is a breathalyzer machine connected to a vehicle’s ignition system. Before starting the vehicle, the driver must provide an alcohol-free breath sample into the IID, ensuring that only sober individuals can operate the vehicle.

The duration of ignition interlock requirements can vary based on several factors. Generally, when a driver is mandated to use an IID as a condition for reinstating their license after a DUI conviction, the length of the requirement tends to increase with the number of prior convictions. Consequently, those with a second DUI offense will likely have a longer timeframe for the IID requirement.

In addition to previous convictions, the duration of the IID requirement might also be influenced by aggravating factors associated with the offense. For example, if the individual had a high blood alcohol concentration (BAC) at the time of the offense, the requirement could be extended. Conversely, if someone installs an IID to obtain a restricted license, the duration of the requirement often aligns with the duration of the restricted license itself. In other words, once the driver’s full driving privileges are reinstated, the IID requirement typically comes to an end.

How Our Attorneys Can Defend You in Your Second Maryland DUI Case

In our efforts to defend clients facing a second DUI charge in Maryland, our firm employs a range of effective techniques. Our foremost approach involves obtaining all relevant evidence held by the state and carefully scrutinizing it for any weaknesses or vulnerabilities. This comprehensive review includes a meticulous examination of police records to identify any errors or violations of our client’s constitutional rights during the arrest process. For instance, if we uncover any unlawful collection of evidence, we have the ability to file a motion to exclude such evidence from the trial. In certain circumstances, this strategic move can lead to the dismissal of the case altogether.

Additionally, it is crucial to assess whether the police had probable cause for our client’s arrest. In order to make a lawful arrest, the police must possess evidence indicating that a crime has been committed and that our client is the likely suspect. If our client was arrested without undergoing a field sobriety test or breathalyzer solely based on mere suspicion of DUI, we can challenge the validity of the arrest and any evidence obtained during the incident.

Another important tactic we employ is examining the chemical reports to identify any inaccuracies in the police’s equipment or procedures. If we discover that the evidence was mishandled or if there were errors in testing the blood or urine samples, we can argue for its exclusion in court proceedings. By meticulously questioning the accuracy and integrity of the chemical reports, we aim to weaken the prosecution’s case and increase the chances of a favorable outcome for our clients.

Our Maryland DUI Defense Attorneys Can Help

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case assessment with our Westminster DUI defense lawyers.