DUI and Second Offenses

Facing a DUI charge in Maryland carries serious risks regardless of the circumstances involved. But, if you have a prior DUI on your record, the risks of facing prosecution as a repeat offender are even more severe.

This is true even if you accepted probation before judgment (PBJ) for your first DUI offense. While accepting a PBJ can afford certain benefits in the right circumstances (i.e., if you do not have grounds to fight your DUI in court), a PBJ still goes on your permanent record for sentencing purposes. As a result, even if you accepted a PBJ, you can still be prosecuted as a repeat offender in Maryland.

When a Second DUI Counts as a Repeat Offense in Maryland

Under Maryland law, you can be prosecuted as a repeat offender if you get a second DUI within five years. This five-year period runs from the date of your prior conviction (or PBJ), not the date of your prior DUI arrest.

The Consequences of a Second DUI in Maryland

When you are facing prosecution for a second DUI within five years in Maryland, the penalties that are on the table are significantly greater than those for a first-time DUI offense. Under Maryland law, second DUIs carry penalties including:

• Up to a $2,000 fine
• Up to two years of imprisonment (and a mandatory jail sentence of five days)
• Up to a one-year driver’s license suspension
• An additional 12 points on your driver’s license
• A mandatory alcohol abuse assessment
• Mandatory participation in an alcohol abuse program
• Mandatory ignition interlock device installation

These are the penalties for a “standard” second DUI offense (i.e., a BAC below 0.10 percent and no other aggravating factors). If your BAC was above 0.10 percent, if you had a minor in your vehicle, if you caused an accident, or if there are any other aggravating factors involved in your case, the penalties you are facing could be far more severe.

Along with court-imposed penalties, a second DUI conviction in Maryland can lead to other serious consequences as well. For example, the points added to your driver’s license will cause your insurance rates to skyrocket for several years. Having multiple DUIs on your record can also negatively impact your employment prospects. If you drive for a living, your second DUI could result in the loss of your commercial driver’s license (CDL).

What To Do if You Are Facing a Second DUI in Maryland

With these risks in mind, if you are facing a second DUI in Maryland, you need to make informed decisions about your defense. To ensure you are doing everything possible to protect yourself, you should speak with an experienced DUI defense lawyer as soon as possible.

Speak with Maryland DUI Defense Lawyer Cynthia Christiani in Confidence

Cynthia Christiana has nearly 20 years of experience as a defense lawyer in Maryland. If you are facing a second DUI charge, she can help protect you by all means available. To discuss your second DUI case with Ms. Christiani in confidence, call 443-405-8211 or tell us how we can help online today.