DUI Laws in Maryland
Maryland Driving Under the Influences Statutes Definitions
§ 11-114. Drive.
“Drive” means to drive, operate, move, or be in actual physical control of a vehicle, including the exercise of control over or the steering of a vehicle being towed by a motor vehicle.
Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS – DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-114. Drive.
§ 11-103.1. Alcohol.
“Alcohol” means any substance or substances containing any form of alcohol, including ethanol, methanol, propynol, and isopropynol
Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS – DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-103.1. Alcohol.
§ 21-903. Alcoholic beverage
A spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes.
Maryland Code : TRANSPORTATION : TITLE 21. VEHICLE LAWS – RULES OF THE ROAD : SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE : § 21-903. Consumption of alcoholic beverages while driving on highway.
§ 11-103.2. Alcohol concentration.
(a) Alcohol concentration.- “Alcohol concentration” means
(1) The number of grams of alcohol per 100 milliliters of blood; or
(2) The number of grams of alcohol per 210 liters of breath
(b) Measurements.- If the alcohol concentration is indicated in the number of milligrams of alcohol per deciliter of blood or the number of milligrams of alcohol per 100 milliliters of blood, a court or an administrative law judge, as the case may be, shall convert the measurement into the number of grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.
Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS – DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-103.2. Alcohol concentration.
§ 11-176. Vehicle.
(a) In general.-
(1) “Vehicle ” means, except as provided in subsection (b) of this section, any device in, on, or by which any individual or property is or might be transported or towed on a highway.
(2) “Vehicle ” includes a low speed vehicle.
(b) Exceptions.- “Vehicle” does not include an electric personal assistive mobility device as defined in § 21-101(g-1) of this article.
Maryland Code : TRANSPORTATION : TITLE 11. VEHICLE LAWS – DEFINITIONS; GENERAL PROVISIONS : SUBTITLE 1. DEFINITIONS : § 11-176. Vehicle.
§ 2-501. “Under the influence of alcohol per se” defined
In this subtitle, “under the influence of alcohol per se” means an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Maryland Code : CRIMINAL LAW : TITLE 2. HOMICIDE : SUBTITLE 5. HOMICIDE BY MOTOR VEHICLE OR VESSEL WHILE IMPAIRED OR UNDER THE INFLUENCE : § 2-501. “Under the influence of alcohol per se” defined.
Alcohol Related Traffic Offenses
§ 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance
(a)Driving While under the influence of alcohol or under the influence per se
(1) a person may not drive or attempt to drive any vehicle while under the influence of alcohol.
(2) A person may not drive or attempt to drive or attempt to drive any vehicle while the person is under the is under the influence of alcohol per se.
(3) A person may not violate paragragh (1) or (2) of this section while transporting a minor.
(b) Driving while impaired by alcohol.
(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.
(2)A person may not violate paragragh (1) of this section while transporting a minor.
(C) Driving While impaired by drugs or drugs and alcohol.
(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.
(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor
(d) Driving while impaired by controlled dangerous substance.-
(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 1.5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State
(2) A person may not violate paragraph (1) of this subsection while transporting a minor.
(e) Crime committed in another jurisdiction.- For purposes of the application of subsequent offender penalties under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be considered a violation of subsection (a), (b), (c), or (d) of this section
Maryland Code : TRANSPORTATION : TITLE 21. VEHICLE LAWS – RULES OF THE ROAD : SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE : § 21-902. Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance.
§ 21-902.1. Driving after arrest for violation of § 21-902
Driving after arrest prohibited.- An arrestee may not drive a motor vehicle within 12 hours after the arrestee’s arrest for a violation of § 21-902 of this subtitle or Title 2, Subtitle 5 or § 3-211 of theCriminal Law Article.
Maryland Code : TRANSPORTATION : TITLE 21. VEHICLE LAWS – RULES OF THE ROAD : SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE : § 21-902.1. Driving after arrest for violation of § 21-902
§ 21-903. Consumption of alcoholic beverages while driving on highway.
Consumption of alcohol prohibited.- A driver of a motor vehicle may not consume an alcoholic beverage in a passenger area of a motor vehicle on a highway
Maryland Code : TRANSPORTATION : TITLE 21. VEHICLE LAWS – RULES OF THE ROAD : SUBTITLE 9. RECKLESS, NEGLIGENT, OR IMPAIRED DRIVING; FLEEING OR ELUDING POLICE : § 21-903. Consumption of alcoholic beverages while driving on highway.
Criminal Offenses Involving Alcohol
§ 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se
(a) Prohibited.- A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1) under the influence of alcohol; or
(2) under the influence of alcohol per se.
(b) Name of crime.- A violation of this section is:
(1) homicide by motor vehicle or vessel while under the influence of alcohol; or
(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.
(c) Penalty.- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Maryland Code : CRIMINAL LAW : TITLE 2. HOMICIDE : SUBTITLE 5. HOMICIDE BY MOTOR VEHICLE OR VESSEL WHILE IMPAIRED OR UNDER THE INFLUENCE : § 2-503. Homicide by motor vehicle or vessel while under the influence of alcohol or under the influence of alcohol per se.
§ 2-504. Homicide by motor vehicle or vessel while impaired byalcohol.
(a) Prohibited.- A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
(c) Penalty.- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both
Maryland Code : CRIMINAL LAW : TITLE 2. HOMICIDE : SUBTITLE 5. HOMICIDE BY MOTOR VEHICLE OR VESSEL WHILE IMPAIRED OR UNDER THE INFLUENCE : § 2-504. Homicide by motor vehicle or vessel while impaired by alcohol.
Chemical Test Laws
§ 10-302. Chemical test for alcohol, drug or controlled dangerous substance content – Purpose.
In a prosecution for a violation of a law concerning a person who is driving or attempting to drive a vehicle in violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or in violation of Title 2, Subtitle 5, § 2-209, or § 3-211 of the Criminal Law Article, a test of the person’s breath or blood may be administered for the purpose of determining alcohol concentration and a test or tests of 1 specimen of the person’s blood may be administered for the purpose of determining the drug or controlled dangerous substance content of the person’s blood.
Maryland Code : COURTS AND JUDICIAL PROCEEDINGS : TITLE 10. EVIDENCE : SUBTITLE 3. MOTOR VEHICLE LAWS : § 10-302. Chemical test for alcohol, drug or controlled dangerous substance content – Purpose.
§ 10-303. Same – Specimens; time limitations
(a) Alcohol concentration
(1) A specimen of breath or 1 specimen of blood may be taken for the purpose of a test for determining alcohol concentration.
(2) For the purpose of a test for determining alcohol concentration, the specimen of breath or blood shall be taken within 2 hours after the person accused is apprehended.
(b) Drug or controlled dangerous substance content.-
(1) Only 1 specimen of blood may be taken for the purpose of a test or tests for determining the drug or controlled dangerous substance content of the person’s blood.
(2) For the purpose of a test or tests for determining drug or controlled dangerous substance content of the person’s blood, the specimen of blood shall be taken within 4 hours after the person accused is apprehended.
Maryland Code : COURTS AND JUDICIAL PROCEEDINGS : TITLE 10. EVIDENCE : SUBTITLE 3. MOTOR VEHICLE LAWS : § 10-303. Same – Specimens; time limitations.
10-305. Same – Type of test administered
(a) Alcohol content.- The type of test administered to the defendant to determine alcohol concentration shall be the test of breath except that the type of test administered shall be:
(i) The defendant is unconscious or otherwise incapable of refusing to take a test to determine alcohol concentration;
(ii) Injuries to the defendant require removal of the defendant to a medical facility;
(iii) The equipment for administering the test of breath is not available; or
(iv) The defendant is required to submit to a test of one specimen of blood under § 16-205.1(c)(1)(ii) of the Transportation Article; or
(2) Both a test of the person’s breath and a test of one specimen of the person’s blood if the defendant is required to submit to both a test of the person’s breath and a test of one specimen of the person’s blood under § 16-205.1(c)(1)(iii) of the Transportation Article.
(b) Drug or controlled dangerous substance content.- The type of specimen obtained from the defendant for the purpose of a test or tests to determine drug or controlled dangerous substance content shall be a blood specimen.
(c) Person incapable of test refusal.- Any person who is dead, unconscious, or otherwise in a condition rendering him incapable of test refusal shall be deemed not to have withdrawn consent.
Maryland Code : COURTS AND JUDICIAL PROCEEDINGS : TITLE 10. EVIDENCE : SUBTITLE 3. MOTOR VEHICLE LAWS : § 10-305. Same – Type of test administered.
Suspension Of Driver’s License for Alcohol Related Offenses Statutes
§ 16-205. Suspension or revocation on conviction of certain alcohol- or drug- related offenses
(a) Revocation.- The Administration may revoke the license of any person who:
(1) Is convicted under § 21-902 (a) or (d) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol, while under the influence of alcohol per se, or while impaired by a controlled dangerous substance; or
(2) Within a 3-year period, is convicted under § 21-902 (b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely and who was previously convicted of any combination of two or more violations under:
(i) § 21-902 (a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se;
(ii) § 21-902 (b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(iii) § 21-902 (c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely; or
(iv) § 21-902 (d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(b) The Administration:
(1) Shall revoke the license of any person who has been convicted, under Title 2, Subtitle 5 of theCriminal Law Article, of homicide by a motor vehicle while under the influence of alcohol, impaired by alcohol, or impaired by any drug, any combination of drugs, a combination of one or more drugs and alcohol, or a controlled dangerous substance; and
(2) May not issue a temporary license to drive for any person whose license has been revoked under item (1) of this subsection during an administrative appeal of the revocation
c) 60-day suspension.- The Administration may suspend for not more than 60 days the license of any person who is convicted under § 21-902 (b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely
(d) 120-day suspension.- The Administration may suspend for not more than 120 days the license of any person who, within a 3-year period, is convicted under § 21-902 (b) or (c) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely and who was previously convicted of a violation under:
(1) § 21-902 (a) of this article of driving or attempting to drive a motor vehicle while under the influence of alcohol or while under the influence of alcohol per se;
(2) § 21-902 (b) of this article of driving or attempting to drive a motor vehicle while impaired by alcohol;
(3) § 21-902 (c) of this article of driving or attempting to drive a motor vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a motor vehicle safely; or
(4) § 21-902 (d) of this article of driving or attempting to drive a motor vehicle while impaired by a controlled dangerous substance.
(e) 1 year suspension; hearing; notice.-
(1) In this subsection, “motor vehicle” does not include a commercial motor vehicle.
2) Subject to the provisions of this subsection, the Administration shall suspend for 1 year the license of a person who is convicted of a violation of § 21-902 (a) of this article more than once within a 5-year period.
Maryland Code : TRANSPORTATION : TITLE 16. VEHICLE LAWS – DRIVERS’ LICENSES : SUBTITLE 2. CANCELLATION, REFUSAL, SUSPENSION, OR REVOCATION : § 16-205. Suspension or revocation on conviction of certain alcohol- or drug- related offenses.
§ 16-205.1. Suspension or disqualification for refusal to submit to chemical tests for intoxication
(a) Definitions; implied consent to chemical test.-
1) (i) In this section the following words have the meanings indicated.
(ii) “Under the influence of alcohol” includes under the influence of alcohol per se as defined by § 11-174.1 of this article.
(iii) “Specimen of blood” and “1 specimen of blood” means 1 sample of blood that is taken, in a single procedure, in 2 or more portions in 2 or more separate vials.
(iv) “Test” means, unless the context requires otherwise:
1. A test of a person’s breath or of 1 specimen of a person’s blood to determine alcohol concentration;
2. A test or tests of 1 specimen of a person’s blood to determine the drug or controlled dangerous substance content of the person’s blood; or
3. Both:
A. A test of a person’s breath or a test of 1 specimen of a person’s blood, to determine alcohol concentration; and
B. A test or tests of 1 specimen of a person’s blood to determine the drug or controlled dangerous substance content of the person’s blood.
2) Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.
