What Constitutes a DUI or DWI in Maryland and Virginia?
All 50 states have set the legal limit for driving under the influence at .08% blood alcohol content (BAC) level (with the exception of Utah, which sets the limit at .05% BAC). In light of this, it’s important to realize that even if you don’t feel the effects of alcohol, your BAC could still surpass the legal BAC limit; everyone’s body and alcohol tolerance is different.
In Virginia, there is no substantive legal difference between driving under the influence and driving while impaired (DWI); both terms refer to a BAC level of .08% or higher. In Maryland, however, a BAC level between .07% and .08% constitutes a DWI. This is essentially a less serious form of a DUI charge. Still, a Maryland driver can be considered to be driving while impaired by alcohol or drugs with an even lower BAC level. Being accused of driving while impaired by a controlled substance is considered a serious criminal offense, and the stakes are much higher.
A DUI can inflict far-reaching consequences, including:
- License revocation or suspension
- Fines
- Jail
- Bail
- Home detention
- Community service
- Mandatory drug and alcohol classes
- Ignition interlock device
- Court costs and fees
- Civil prosecution for property damages
- Increased insurance premiums
- Inability to acquire auto insurance
DUI Penalties in Maryland
If you have been charged with a drunk driving offense in Maryland, you could face the following penalties:
First offense:
- Up to one year in jail
- Up to $1,000 fine
- Minimum six-month suspension of driver’s license
Second offense:
- Up to two years in jail
- Up to $2,000 fine
- One-year suspension of driver’s license
DWI Penalties in Maryland
While the penalties for a Maryland DWI are not as severe as the penalties for having a BAC over .08%, there are still serious consequences:
First offense:
- Up to sixty days in jail
- Up to $500 fine
- Minimum six-month suspension of driver’s license
Second offense:
- Up to one year in jail
- Up to $500 fine
- One-year suspension of driver’s license
DUI/DWI Penalties in Virginia
A DUI is categorized as a class 1 misdemeanor in Virginia.
The penalties for a DUI or DWI conviction in Virginia include:
First offense:
- Maximum fine of $2,500 ($250 minimum)
- Up to 1 year in jail
- Driver’s license suspension of up to 1 year (the judge can grant restricted driving privileges so that you can get to and from work)
- Alcohol education program
Second offense:
- Minimum $500 fine
- Up to 1 year in jail
- Driver’s license revocation for three years
- An ignition interlock device
Penalties increase if you were arrested with a BAC level of 0.15 % or higher.