Will You Go to Jail for a First DUI in Maryland?

If you have been charged with a first DUI offense in Maryland, you might be feeling scared and confused about what comes next. While a DUI can affect your life in several ways, you are likely worried about the possibility of going to jail.

DUI offenses for first-time offenders are treated very seriously in Maryland. A clean criminal record prior to the arrest does not make DUI charges any less significant, as they are scrutinized closely and carry severe consequences. Nevertheless, just because DUI charges are severe does not necessarily mean that you will receive a jail sentence. In fact, there are several ways for defendants to show that they are taking responsibility for their actions that can help them avoid jail time for their first offense.

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

Will I Be Sentenced to Jail for a First DUI in Maryland?

If you are facing charges of a first-time DUI, you are probably worried about the possibility of being sent to jail. In most cases, defendants who are charged with a first DUI offense can avoid jail time if they complete a list of tasks before their trial date. Our Baltimore DUI defense lawyers can help you get started on the ways you can reduce your sentence after a first DUI. Whether jail will be part of a first-time DUI sentence will depend on several factors.

If your blood alcohol content (BAC) was 0.08 or higher when you were pulled over, you might be charged with DUI. Additionally, if your BAC is between 0.05 and 0.08, you might be charged with driving while intoxicated (DWI), depending on the circumstances of your arrest and the discretion of the arresting officer. You will have an opportunity to work with a Towson DUI defense lawyer to build a defense that challenges the prosecution’s claims.

It is possible to receive jail time for a first-offense DUI or DWI in Maryland, depending on the circumstances of the case. Certain judges in the state might decide to impose a jail sentence if the defendant’s case involves specific factors or evidence. These factors could include a crash or accident resulting in injury or death, harm to an animal caused by drunk driving, the defendant’s disrespectful behavior towards the police officer(s), the defendant’s failure to complete an alcohol education or treatment program, a very high Blood Alcohol Content (BAC), or difficult behavior during the court proceedings, such as arguing with the judge. The judge considers all of these factors when deciding whether to sentence the defendant to jail time for a first DUI in Maryland.

Other Potential Consequences for a First DUI in Maryland

DUI and DWI convictions have varying consequences. If it is the first DUI or DWI, the sentence will be less severe, but aggravating circumstances could result in the maximum sentence. For a first-time DUI conviction within five years, the penalties could be up to one year in jail, fines up to $1,000, and a driver’s license suspension of six months.

If the offense was committed in the presence of a minor, the consequences can be severe. In such cases, the jail time and fines can be doubled. Although undergoing treatment for the offense is not mandatory for first-time offenders, opting for it can be advantageous as the time spent in treatment can be utilized to reduce a jail sentence.

In Maryland, if a driver is convicted of their first DWI, they could face up to two months in jail, fines up to $500, and a six-month driver’s license suspension. For DWIs with minors in the car, the maximum jail time increases to one year, and the fine increases to $1,000. As with a first-time DUI offense, time spent in drug treatment can be used to reduce the sentence.

What is Probation Before Judgment for Maryland DUI Cases?

The term probation before judgment (PBJ) refers to a defendant being placed on probation prior to a verdict being given in their case, meaning they have not yet been found guilty of the crime they were accused of. This can be highly advantageous for those who are charged with DUI in Maryland, as it allows them to truthfully state on job applications that they have not been convicted of a crime, and it is unlikely that their auto insurance premiums will rise.

Probation before judgment is an option in Maryland for various situations. It can be granted for a first-time DUI or DWI offense or if there has been no prior PBJ, DUI, or DWI conviction in the past decade. Individuals who have violated the state’s controlled dangerous substance laws for the first time might also be eligible. First-time charges of certain misdemeanor or felony violations under Maryland law might also qualify for PBJ. Repeat offenses are not automatically disqualified as long as the defendant can demonstrate in court that they can be successfully rehabilitated through treatment provided during probation before judgment.

Probation before judgment is not an option in certain situations. These include a second DWI or DUI conviction within ten years, second or subsequent violations of the state’s controlled dangerous substances laws, and first offense sex crimes against a child. Additionally, if the alleged crime has a specific minimum penalty, probation before judgment is not available. Examples of such crimes include certain violent crimes, handgun offenses, and narcotics-related offenses.

How Long Will My License Be Suspended for DUI in Maryland?

After your first DUI offense in Maryland, the length of the license suspension you receive depends on your breath test, which measures your blood alcohol content or BAC. If your breath test results show a BAC level between 0.08 and 0.15, your license will be suspended for 180 days. However, you might be eligible for a restricted driver’s license, which allows you to drive for important activities such as work, school, counseling, and medical purposes.

If your breath test results show a BAC level of 0.15 or more, your license will also be suspended for 180 days, but the only restricted license available is the Interlock device for a period of one year.

If you refuse to take a breath or blood test, your license will be suspended for 270 days, with the only restricted license available being the Interlock device for a period of one year. It is important to note that all suspensions begin 45 days after your arrest unless you request a hearing to challenge the suspension. If you choose to request a hearing, you must mail the request within ten days of your arrest.

Our Maryland DUI Defense Lawyers Can Defend Your Case

Call Rice, Murtha & Psoras at (410) 694-7291 for a free assessment of your case with our Ocean City, MD DUI defense lawyers.