One drink may be one drink too many. A DUI or DWI arrest will cost you legally, professionally and economically – and it could cost you or someone else their life.

Drinking and driving remains a significant safety issue. After several years of decline, alcohol-related fatalities are on the rise and injuries have leveled off at an unacceptable level.  More than 260 people were killed in drinking and driving-involved crashes in Maryland in 2006. 

Local and National Statistics

• 268 people were killed in Maryland during 2006 in alcohol-related crashes.
• Nationally, someone is killed every 30 minutes.
• According to NHTSA, the average alcohol-related fatality in Maryland costs $3.5 million.
• A first-time conviction for an impaired driving offense will cost anywhere from $1,500 to $6,000 in attorney fees, towing, bonding, court costs, sentencing fees, and insurance increases.
• In 2006, more than 25,100 people were arrested for DUI in Maryland, with over 15,000 of these people losing their driving privileges.
• More Marylanders were arrested in 2006 for drunk driving than the combined populations of Bel Air, Chevy Chase, Crisfield and La Plata.

What you should know

• Impaired driving crashes are among the most preventable – simply don’t get behind the wheel after drinking.
• Host responsibly.  If hosting a party, don’t let your family and friends drive after drinking.
• Designate a sober driver.  If you plan on drinking, designate a sober driver.  Take a taxi, use mass transit, call a friend for a ride.
• The best defense against a drunk driver is your seat belt – wear it at all times.
• There are no excuses – don’t drive after drinking.

Maryland Outreach and Education Programs

Checkpoint Strikeforce is a multi-state, zero-tolerance initiative designed to remove impaired drivers from Maryland roads using checkpoints and patrols when and where drunk driving is most likely to occur and to educate the public about the dangers and consequences of drunk driving.

Tipsy?Taxi! is a service that provides free taxi rides (up to $50) that originate in Baltimore City.  The service, provided in partnership with State Highway Administration, AAA Mid-Atlantic and Yellow Cab, is intended to provide a safe alternative to drinking and driving during notorious “drinking holidays” such as New Year’s Eve, St. Patrick’s Day, Independence Day and The Superbowl. 

Soberride is a program of the Washington Regional Alcohol Program, and served as the model for Tipsy?Taxi!  More information can be found at http://www.wrap.org/files/soberRide.htm

Buzzed Driving is Drunk Driving; Over the limit, under arrest; and Friends don’t let friends drive drunk are National Highway Traffic Safety Administration programs.  Learn more at www.stopimpaireddriving.org.

Impaired Driving – It’s been done to death is a Maryland Institute for Emergency Medical Services Systems (MIEMSS) program that educates adults on the dangers of drinking and driving.  Learn more at www.stopdrunkdriving.net

Maryland Laws

Definitions

• BAC – Blood Alcohol Concentration
• DUI – Driving Under the Influence
• DWI – Driving While Impaired by Alcohol
• Under the Influence of Alcohol Per Se – having an alcohol concentration level of .08 or more (TR § 11-127.1)
• Per Se – does not require extraneous evidence or support to establish its existence (Barron’s Law Dictionary)

What the Law Says

• A person may not drive while under the influence of alcohol.
• A person may not drive while under the influence of alcohol per se.
• A person may not drive while impaired by alcohol.
• A person may not drive while impaired by any drugs or drugs and alcohol.
• A person may not drive while impaired by a controlled dangerous substance.
• A person under 21 may not drive with alcohol in their blood.
• A person with an alcohol restriction on their license may not drive with alcohol in their blood.
• A person may not drive, operate, or be in physical control of a commercial motor vehicle with alcohol in their blood.

What the BAC Test Levels Mean

• Driving with Alcohol in Blood - If at the time of testing, a person has an alcohol concentration of 0.02 or more, it shall be prima facie evidence that that person was driving with alcohol in the person’s blood.
• No Presumption, but may Consider - If at the time of testing, a person has an alcohol concentration of more than 0.05 but less than 0.07, the fact may be considered with other evidence but may not give rise to a presumption that the person was DWI or DUI.
• Driving While Impaired by Alcohol (DWI) - If at the time of testing, a person has an alcohol concentration of at least 0.07 but less than 0.08, that will be considered prima facie evidence that the person was Driving While Impaired by Alcohol.
• Driving Under the Influence (DUI) - A person is considered Under the Influence of Alcohol per se, if at the time of testing that person has an alcohol concentration of 0.08 or more.

Consenting and Refusing

• Implied Consent - You are deemed to have consented to chemical testing, should you be stopped on suspicion of driving under the influence, driving while impaired, or driving while impaired by drugs and/or alcohol, by virtue of driving, or attempting to drive on the roadway.
• Test Refusal - A test refusal is admissible as evidence at trial.
• Compulsory Testing - If a person is involved in a motor vehicle crash that results in the death or life threatening injury to another person, then that person shall be, if requested by a law enforcement officer who has reasonable grounds to believe that alcohol was involved, required to submit to a chemical test.

Consequences of Test Result of 0.08 or greater - DUI

• Points = 12 points
• First Offense
• MVA shall suspend license for 45 days.
• For test refusal, MVA shall suspend license for 120 days.
• MVA may revoke the license of a person convicted of DUI
• Not more than $1,000 and/or up to 1 year in jail.
• Second Offense
• MVA shall suspend license for 90 days.
• For test refusal, MVA shall suspend license for 1 year.
• MVA shall suspend someone’s license for 1 year if that person has been previously convicted of DUI within the past 5 years.
• Not more than $2,000 and/or up to 2 years in jail.

Consequences of Test Result of 0.07 or greater - DWI

• Points = 8 points
• First Offense
• MVA may suspend the license of someone convicted of DWI for up to 60 days. (
• Not more than $500 and/or up to 2 months in jail.
• Second Offense
• MVA may suspend for 120, the license days of someone convicted of DWI within 3 years of a previous impaired driving conviction.
• $500 and/or 1 year in jail.

Commercial Vehicle Operators

• A person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol in their system and refuses a chemical test shall be placed out-of-service for 24 hours following the test refusal.
• A test refusal shall disqualify the person’s commercial driver’s license for a period of 1 year for the first offense, 3 years if the person was transporting hazardous materials.
• MVA shall disqualify someone from driving a commercial vehicle if they have been convicted of impaired driving.

For more information, please contact the Maryland Highway Safety Office by e-mail mhso@sha.state.md.us or phone 410-787-4050

Resources

• Mothers Against Drunk Driving
• Students Against Destructive Desciions
• Impaired driving: it’s been done to death
• Washington Regional Alcohol Program
• National Center on Addiction & Substance Abuse (CASA)
• Advocates for Highway and Auto Safety
• National Highway Traffic Safety Administration