A second DUI in Maryland

Maryland runs two separate offences and the second-offence numbers depend on which one you are convicted of. For driving under the influence the ceiling doubles from one year to two and the fine from $1,200 to $2,400; for the lesser charge of driving while impaired the ceiling goes from two months to one year while the fine stays at $500. The mandatory part turns on timing rather than on the count. A conviction under the DUI subsection within five years of a prior conviction under that same subsection carries a mandatory minimum of five days, and a third or subsequent within five years carries ten — penalties the statute says are mandatory and not subject to suspension or probation. It also requires a comprehensive alcohol abuse assessment and, if the assessment recommends one, a certified programme. Two definitions soften the arithmetic: "imprisonment" here includes an inpatient rehabilitation or treatment centre, and home detention with electronic monitoring for the purpose of an approved alcohol treatment programme.

Start from what the statute forces and what it leaves to the judge. The floor here is up to two years, with a mandatory minimum of 5 days where the prior falls within 5 years, and it moves on the facts: transporting a minor means the ceiling rises to two years on a first offence and three on a second. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Misdemeanor: up to two years, with a mandatory minimum of 5 days where the prior falls within 5 years, and a fine of up to $2,400. The range is set by Md. Code, Transp. § 21-902(a)(1)(iii), (a)(1)(iv), (b)(1)(ii), (f), and the figures on this page come from the statute rather than from a summary of it.

Transporting a minor — the ceiling rises to two years on a first offence and three on a second. Knowingly refusing the test — up to two months and $500 on top of the sentence for the offence.

Maryland runs one of the oldest interlock programs in the country, and it is built as an alternative to losing your license rather than an addition to it. You get a "J" restriction and report to your provider every 30 days; they send the MVA a report covering high readings, missed or failed retests, tampering and how often the car was used. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Maryland Motor Vehicle Administration.