Maryland DUI Laws

DUI Information for Maryland

In the state of Maryland, if you are driving a motor vehicle with a blood alcohol content of .08% or more, you are guilty of a criminal offense.

Maryland DUI – statute(s)

Maryland DUI – standard

“A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.” MD Code, Transportation, § 21-902(c)(1).
“A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.” MD Code, Transportation, § 21- 902(d)(1).

Maryland DUI – applicable substances

There are separate standards for controlled dangerous substances and other drugs.

Maryland DUI – affirmative defense

With respect to being “so far impaired by any drug,” there may be a defense if the person “was unaware that the drug or combination would make the person incapable of safely driving a vehicle.” MD Code, Transportation, § 21-902(c)(2).
With respect to controlled dangerous substances, the lesser “impaired” standard does not apply if the person is entitled to use the substance under Maryland law. MD Code, Transportation, § 21-902(d)(1).

Maryland Per se – statute(s)

Maryland Per se – affirmative defense

Maryland Implied consent – applicable drivers

Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in Maryland. MD Code, Transportation, § 16-205.1

Maryland Implied consent – tests authorized

A test or tests of one specimen of the person’s blood. MD Code, Courts and Judicial Proceedings, § 10-302. Implied consent – basis for test
Test may be given if person is “detained on suspicion” of driving while under the influence or impaired by drugs by LEO. MD Code, Transportation, § 16-205.1(a)(2).
Person is required to provide specimen if they are involved in an accident that results in death or a “life threatening injury” to another and the driver is detained by LEO with “reasonable grounds to believe” they have been driving while under the influence or impaired by drugs. MD Code, Transportation, § 16- 205.1(c)(1).

Maryland DUI Implied consent – evidence of refusal

The fact of a driver’s refusal to submit to a chemical test is admissible in evidence at trial. MD Code, Courts and Judicial Proceedings § 10- 309(a)(2).

Maryland DUI Implied consent – administrative / civil penalty for refusal

First refusalà driver’s license suspended for 120 days.
Second or subsequent refusalà driver’s license suspended for one year. MD Code, Transportation, § 16-205.1(b)(1)(5).
As of October 1, 2016, the above-listed periods will be 270 days and two years, respectively. 2016 MD Laws Chapter 512.
As of October 1, 2016, the use of IID will be required in cases where driver convicted of offense and court finds that chemical test was refused. 2016 MD Laws Chapter 512.