Third DUI in Maryland

Driving Under Influence Offence

Under the Maryland laws the per se BAC level is .08%. A person with a BAC of less than .08% can also be arrested if the enforcement officer is of the view that his driving ability has been severely impaired. The officers normally conduct a Preliminary Breath Test (PBT) in the first instance and drivers should not confuse the same with the Field Sobriety Test (FST) or the Blood Alcohol Test (BAC). Refusing to take a PBT cannot be admitted in the court of law. Where a person is convicted under the this offence he should apply for administrative hearing with the Motor Vehicles Administration (MVA) with in 10 from the date of conviction failing which his license stands suspended.

Third DUI Offence in Maryland

Where the person driving the vehicle has committed this offence for the third time in a period of 10 years is said to have committed the Third DUI offence. Its offences are classified into Felony and Misdemeanor depending upon the seriousness of the case. Underage drinking and driving, refusing to accept the FST and failure to appeal for an administrative hearing result in different penalties and prosecutions in addition to the DUI offence committed.

Penalties and Prosecution for Third DUI Offence in Maryland

Awarding of a jail term primarily depends on the judge and the county of the place where the offence has been committed. On a third offence there is a mandatory 10 day jail term which is awarded upto a maximum of 3 years. Fines and court costs vary from $200 to $300, upto a maximum of $3,000. There are no likely chances of probation before judgment. Providing work release depends on the judge and the county. No community service. An in patient alcohol treatment can help prior to trial to reduce the jail term. The MVA records may be expunged after 10 years without any traffic offence.