Maryland DWI Laws


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Arrested for DWI

Maryland DWI / DUI Laws

§ 21-902.

Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol,
or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while
impaired by a controlled dangerous substance.

(a) Driving while under the influence of alcohol or under the influence of alcohol per se.-

(1) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.

(2) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol
per se.

(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

(b) Driving while impaired by alcohol.-

(1) A person may not drive or attempt to drive any vehicle while impaired by alcohol.

(2) A person may not violate paragraph (1) of this subsection while transporting a minor.

(c) Driving while impaired by drugs or drugs and alcohol.-

(1) A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any
combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle
safely.

(2) It is not a defense to any charge of violating this subsection that the person charged is or was entitled
under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and
alcohol, unless the person was unaware that the drug or combination would make the person incapable of
safely driving a vehicle.

(3) A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

(d) Driving while impaired by controlled dangerous substance.-

(1) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled
dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not
entitled to use the controlled dangerous substance under the laws of this State.

(2) A person may not violate paragraph (1) of this subsection while transporting a minor.

(e) Crime committed in another jurisdiction.- For purposes of the application of subsequent offender penalties
under § 27-101 of this article, a conviction for a crime committed in another state or federal jurisdiction that,
if committed in this State, would constitute a violation of subsection (a), (b), (c), or (d) of this section shall be
considered a violation of subsection (a), (b), (c), or (d) of this section.

[An. Code 1957, art. 661/2, § 11-902; 1977, ch. 14, § 2; 1980, ch. 144; 1981, ch. 242; 1988, ch. 562; 1993, ch. 308;
1995, ch. 498; 1996, ch. 652, § 2; 1997, ch. 451; 1999, ch. 347; 2001, chs. 4, 5, 483; 2002, ch. 213, § 6; 2003, chs. 243,
244, 246; 2004, ch. 335; 2005, chs. 482, 495, 496.]

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