Second DUI / DWI

A person who drives a vehicle while under the influence of alcohol or while impaired by a controlled dangerous substance is subject to the following maximum penalties for a second offense with five (5) years of a prior conviction: a fine of up to $2,000 or imprisonment for up to two years or both.

As provided in § 27-101(k), for purposes of determining these second or subsequent offender penalties, any prior conviction for driving while under the influence of alcohol or impaired by drugs or alcohol may count as a prior conviction if it occurs within five years of the subsequent violation.

Under § 21-902(e), for purposes of determining these second or subsequent offender penalties, a conviction in another state or federal jurisdiction that, if committed in Maryland, would constitute driving under the influence of alcohol, driving under the influence of alcohol per se, or driving while impaired by a controlled dangerous substance is considered a prior conviction.

If you are convicted of driving under the influence of alcohol and you have a prior driving under the influence violation within five years of the date of the violation, your license will be suspended for one year followed by participation in the Ignition Interlock Program for one year.


Penalties for a Second DUI Offense in Maryland

The mandatory minimum punishment for subsequent convictions for driving under the influence, under the influence per se, or while impaired by a controlled dangerous substance include:

  • Imprisonment for not less than five days.
  • A person who is convicted of driving under the influence of alcohol or under the influence of alcohol per se three or more times within five years is subject to a mandatory minimum penalty of imprisonment for not less than ten (10) days.

These penalties for a second conviction are not subject to suspension or probation. Under § 27-101(j), the offenders are also required to undergo alcohol and drug abuse assessments and potentially participate in certain drug and alcohol abuse treatment programs.


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Penalties for a Second DWI in Maryland

A person who drives a vehicle while impaired by alcohol or while impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol is subject to the following penalties for a second offense: a fine of up to $500 or imprisonment for up to one year or both.

For purposes of determining these second or subsequent offender penalties, any prior conviction for driving while under the influence of alcohol or impaired by drugs or alcohol may count as a prior conviction.


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Find an Attorney for a Second DWI in Baltimore, MD

With offices conveniently located in Baltimore and Catonsville, Maryland, the experienced criminal defense attorneys at James E. Crawford, Jr. & Associates serve clients throughout the city and county of Baltimore, and the surrounding areas including Catonsville, Bel Air, and Annapolis.

The attorneys at James E. Crawford, Jr. & Associates are available 24 hours a day, seven days a week, with offices in Baltimore, MD, as well as offices in Catonsville, Annapolis and Bel Air, MD.

If you have been arrested for DUI or DWI in Baltimore City, Baltimore County, Howard County, Anne Arundel County, Carroll County or Harford, then contact an experienced criminal defense attorney focused on property crimes today.