Penalties for Second DUI Offences

DUI’s and DWI’s come with serious consequences, especially second offenses. Know the risks before making a choice.

If you are stopped by a police officer while driving and are suspected to be intoxicated, the officer may request that you to submit to a sobriety test, or breath test. If you are arrested for impaired driving, the officer will advise you of your rights, and request that you submit to a test to determine your BAC (blood alcohol concentration).

Penalties for Second Offense

Like penalties for a first offense, some penalties for a second offense will vary depending on your level of intoxication at the time of arrest. If your BAC was .08 to .15, your license can be suspended for 90 days. If your BAC was .15 or higher, your license can be suspended for 180 days. To get your license back, you will be required to obtain SR22 insurance policy (a “high-risk” insurance policy) for the following three years.  You may also elect to have an interlock system installed.

Besides a suspension of your license, a second DUI comes with fees and jail time. You will have to pay a fine of up to $2,000, and could spend up to two years in jail. If you are transporting a minor at the time of arrest, your potential  jail sentence will be increased to three years.

A DWI is incurred if the defendant has a BAC between   .08-.14?  and these are just presumptions.  For a second DWI offense, you face up to a $500 fine and up to one year in prison. Eight points will be assessed on your driver’s license, and your license can be suspended for nine to twelve months.  A conviction of a driver under 21 can result in a  two year suspension.

Penalties for Second Offense in Five Year Period

Receiving a second DUI within five years of your first is considered a misdemeanor in Maryland. A misdemeanor comes with larger fines and extended jail time, as opposed to mere traffic infractions.

Those convicted of a second DUI within five years of the first are required to serve at least five days in jail. It is important to know that a judge cannot legally waive this five day sentence. Also, the five year lookback period in Maryland begins on the day of conviction, and not on the day of arrest: an arrest in 2016, with a conviction in 2017, means that the accused will be within the lookback period until 2022, not 2021. A second conviction within five years also requires that a defendant undergo a mandatory alcohol abuse assessment, as well as a court-ordered follow up treatment certified by the Department of Health and Mental Hygiene. As with the five day mandatory jail sentence, this treatment program cannot be legally waived by a judge.

Whether this is your first, second, or subsequent DUI or DWI charge, you deserve a fair trial and experienced legal representation. For more information, go to

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