Third DUI in Maryland: Penalties and How to Defend Your Case

In Maryland, a third DUI conviction may lead to mandatory jail time, steep fines, license suspension or revocation, repeat-offender license consequences, and other penalties. The outcomes can be even harsher with factors such as a child passenger or a higher BAC.

It’s also important to know that the administrative and criminal processes are different. For example, you might not end up with a third conviction but could still lose your license for some time due to MVA administrative (not criminal) processes.

A charge does not necessarily mean a third Maryland DUI conviction. Your lawyer might be able to cast doubt on the legality of a traffic stop or on the accuracy of blood tests. Your lawyer may also be able to argue against enhanced penalties based on your prior convictions.

What are the penalties for a third DUI in Maryland?

The penalties can be administrative and/or criminal. The administrative aspect kicks in almost right away, before any determination of guilt or innocence. You may be able to challenge administrative sanctions separately, but you must act within the applicable administrative deadline.

Administrative penalties for a third-offense DUI in Maryland

The facts of each case matter, including the nature and timing of your previous convictions. A third DUI arrest may involve license suspension and ignition interlock requirements, depending on the chemical-test result or refusal, prior administrative violations and the eventual court disposition.

Recent prior DUI convictions may trigger repeat-offender MVA consequences, while administrative-per-se suspension periods also depend on the chemical-test result or refusal and prior administrative violations.

You may still have administrative penalties even if you are later acquitted of DUI charges. Maryland treats the criminal and administrative processes separately, and some people successfully challenge administrative penalties through a timely MVA hearing. A lawyer can represent you for both administrative and criminal proceedings.

Criminal penalties for a third-offense DUI in Maryland

Separate from the administrative penalties are the potential criminal repercussions. Some third DUI convictions occurring within five years after a qualifying prior DUI conviction carry mandatory imprisonment of at least 10 days.

The Maryland MVA website outlines first- and second-offense conviction penalties in clear, easy-to-read boxes, such as up to one year in jail for a first offense and up to two years in jail for a second offense, with five days required in qualifying cases.

There’s no similar clear box outlining what could happen with third offenses. The recency and nature of the previous convictions can affect mandatory minimums and the sentence imposed, although current law authorizes up to five years in jail and a $5,000 fine after two prior impaired-driving convictions.

Factors that may affect the sentence imposed within the applicable statutory range include the following.

• Older DWI or DUI convictions
• Probation before judgment in previous cases rather than convictions, although prior PBJs may still affect sentencing, interlock requirements and eligibility for another PBJ
• Relatively low BACs in previous convictions and for this third charge
• No crash, no injuries, no children in vehicle, no aggravating circumstances

The repercussions of multiple DUIs in Maryland can be very serious, as they can be for any DUI charge. “Less severe” third DUIs still often mean serving jail time, complying with alcohol treatment, and being responsible for substantial fines and court costs.

One factor worth noting is the difference between DWI and DUI and how it affects a third charge. DUIs are more severe, with higher levels of impairment. For instance, a DUI might occur in a case with 0.08 BAC or substantial impairment of normal coordination, while a DWI could apply in a case with a lower BAC and/or less evidence of impairment. Having two DWI convictions may affect some penalties differently than having two DUI convictions, but both can qualify as prior impaired-driving convictions for Maryland’s repeat-offender provisions.

When enhanced penalties may apply

Enhanced criminal penalties for a fourth or subsequent impaired-driving offense in Maryland could include up to 10 years in jail. This enhancement may apply when a person has three or more qualifying prior convictions or specified prior serious driving convictions.

Other facts that may affect sentencing or lead to additional charges include the following:

• Recent DWI or DUI convictions (notably in the past five years or less)
• Higher BAC
• Crash
• Injuries or fatalities
• Child in vehicle
• Reckless or dangerous driving, or other aggravating factors

The possible penalties could include years in jail, criminal fines, as well as separate administrative and ignition-interlock costs.

How to defend your third DUI in Maryland

The administrative and criminal penalties for a third DUI can be severe, even without enhancements. They can significantly impact your life, even before they affect your job, ability to support yourself and your family, find housing, keep professional licensure, and much more.

Your best defense strategies depend on the particulars of your case and are something to discuss with your lawyer. In general, the possibilities could include the following:

• Traffic stop legality
• Reliability of field sobriety testing
• Issues with blood or breath tests
• Review of bodycam footage
• Whether prior convictions qualify for enhanced penalties

With traffic stop legality, for example, some people are able to show that authorities did not have a legal reason to stop them. Meanwhile, issues with any test can undermine its credibility.

Regardless of the criminal outcome, you may need to act promptly to challenge your license suspension and other administrative penalties.

Administratively speaking, you generally have 30 days after the Order of Suspension to request a hearing, and requesting one within 10 days generally preserves your temporary driving privilege pending the hearing. Without timely action, you may face a lengthy license suspension or other repeat-offender MVA consequences.

Consult with a DUI lawyer today

If you are facing a third DUI in Maryland, it’s important to understand the possible penalties as well as the strategies you could use to defend your case. Contact Drew Cochran, Attorney at Law, today.