Implied Consent Laws

Laws involve drivers alleged of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as “implied consent laws.” Rejection carries penalties that can include obligatory suspension of a driving license 120 days up to a year for multiple offenses

Blood-Alcohol Concentration

In Maryland, any driver with a blood-alcohol absorption – or BAC – above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this confirmation is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI)

Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focus on drivers not of legal drinking age. In Maryland, persons under the age of 21 operating a vehicle with a .02 percent blood-alcohol level or higher than are subject to DUI penalties

Enhanced Penalty Blood-Alcohol Concentration

In Maryland there is a more strict punishment for those convicted of DUI with a for the most part high blood-alcohol content at the instance of arrest; this is ordinarily .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilized in Maryland.

Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Maryland’s maximum permissible level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning short-term or permanent removal) of the driver’s license by the MVA (Motor Vehicle Administration). In Maryland, for the first DUI offense, a Blood Alcohol Content above .08 but less than .15 the mandatory suspension is 45 days, .15 and above is 90 days and refusal to take the test is 120 days.

Ignition Interlock

An ignition interlock device attaches to the DUI offender’s vehicle and requires the driver to perform a breath-test before the vehicle will start and and during operation of the vehicle. While this penalty for DUI conviction is a option in some states, it can be imposed in Maryland

Mandatory Alcohol Education and Assessment/Treatment

Alcohol education and prevention program, treatment for alcohol abuse, and review of a person for possible alcohol or drug dependence can be required for DUI offenders in Maryland. These steps are often suggested instead of serving a sentence of incarceration or paying fines.

The Law Office of Frank and Wyman, LLC can recommend a program that is near where you work or live.

If you need a Towson DUI Attorney, call our office or fill out our free evaluation form.



are members of the following organizations:

  • Maryland State Bar Association
  • Baltimore County Bar Association
  • Baltimore City Bar Association
  • Maryland Association for Justice
  • Maryland Criminal Defense Attorneys’ Association