DUI Mandatory Minimum Sentence in Maryland

Is there a DUI Mandatory Minimum Sentence in Maryland?

Yes, Maryland does have a DUI mandatory minimum sentence under certain circumstances:

1. A person who is convicted of a DUI within 5 years after a prior DUI conviction is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.
2. A person who is convicted of a third or subsequent DUI within 5 years is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

Remember, a probation before judgment in Maryland is not a conviction, because the court strikes the guilty finding!  Therefore, a prior PBJ would not count as a conviction for a DUI mandatory minimum sentence.

Does “imprisonment” mean “jail” for a DUI Mandatory Minimum Sentence?

No, “imprisonment,” doesn’t necessarily mean you are going to jail for a subsequent DUI in Maryland.  “Imprisonment” includes confinement:

1. An inpatient rehabilitation or treatment center; or
2. Home detention that includes electronic monitoring for the purpose of participating in an alcohol treatment program that is:
   1. Certified by the Department of Health and Mental Hygiene;
   2. Certified by an agency in an adjacent state that has powers and duties similar to the Department of Health and Mental Hygiene; or
   3. Approved by the court.

If you have been charged with second, third, or subsequent DUI in Maryland, it is important that you contact a DUI Attorney.  More importantly, you should immediately enroll in an alcohol assessment and treatment program.

Contact Westminster DUI Attorney Ross W. Albers

Albers & Associates is located in Westminster, Carroll County, Maryland.  Westminster DUI Attorney Ross W. Albers represents clients charged with driving under the influence and driving while impaired throughout Maryland’s district and circuit court.  Carroll County DWI Lawyer Ross W. Albers is a former Baltimore City prosecutor and 2016 Maryland Super Lawyers Rising Star in Criminal Defense: DUI.  Albers & Associates is a member of the National College for DUI Defense.