Maryland takes driving under the influence (DUI) very seriously, which is why they have such strict penalties in place. However, all DUI charges are not treated the same. In some cases, certain circumstances known as aggravating factors can lead to increased penalties, like longer jail time and higher fines. If you or a loved one is facing charges, understanding aggravating factors in a DUI case can help you prepare and understand why having experienced legal representation is critical.
Extremely High Blood Alcohol Concentration
While the legal BAC limit in Maryland is 0.08%, a significantly higher reading, like 0.15% or more, can be considered an aggravating factor. A high BAC indicates that the driver was substantially impaired, which increases the likelihood of accidents or injuries as a result of their actions. As a result, penalties may be harsher.
Past DUI or DWI Convictions
Repeat offenses are one of the clearest aggravating factors in a DUI case. A second or subsequent DUI conviction within a five-year period will likely lead to harsher penalties. For example, for your first offense, you can face jail time of up to a year and fines of up to $1,000. For a second offense, that amount increases to up to 2 years of jail time and $2,000 in fines. For third and additional offenses, it increases again to up to 3 years in jail and $3,000 in fines.
Driving with a Minor in the Vehicle
Driving under the influence while transporting a child can automatically elevate the severity of the charges. Courts see having a minor in your car while you’re driving under the influence as the willful endangerment of a vulnerable person, making it one of the strongest aggravating factors in a DUI case.
Accidents Resulting in Injuries or Death
If a DUI leads to a crash that causes injury or death, the consequences can be life-altering. These cases often lead to elevated charges, even for a first-time offender, and may result in lengthy prison sentences and steep fines. Anyone who is driving under the influence and causes a death in the process is subject to up to $5,000 in fines and 5 years in prison.
How Do Aggravating Factors Impact a Case?
When aggravating factors in a DUI case are present, judges and prosecutors are far less likely to offer reduced charges or probation. Penalties may include:
- Increased jail time (even for first-time offenders)
- Higher fines
- Longer mandatory ignition interlock periods
- License suspension or revocation
Additionally, the presence of multiple aggravating factors can significantly reduce your options for defense or plea bargaining.
Why You Need an Experienced Maryland DUI Attorney
If you’re facing DUI charges in Maryland, especially where aggravating factors are involved, it’s critical to have experienced legal counsel. A knowledgeable DUI attorney will understand how to assess aggravating factors in a DUI case, challenge their validity when possible, and create a legal strategy that protects your rights and minimizes potential consequences. Because every DUI case is unique, the difference between a standard penalty and a harsh sentence often hinges on how well your lawyer can navigate the specific details of your situation. Don’t leave your future up to chance.
Partner with an Experienced Attorney at The Law Office of Elizabeth Anu Lawrence
If you are charged with a DUI, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultations are both available to clients.