Life-Threatening Injury or Homicide by Motor Vehicle or Vessel while DUI/DWI
The most serious alcohol related offenses involve an accident resulting in a life-threatening injury or death of another. In those instances, if an officer has reasonable grounds to believe the driver was operating a motor vehicle, water vessel or boat while under the influence or impaired by alcohol, drugs or a combination of the two, testing to determine alcohol concentration, or drug or controlled dangerous substance concentration, is mandatory. You cannot elect to refuse testing. You can refuse to submit to a PBT or field sobriety testing. Do NOT admit to drinking or drug use. Do NOT submit to a preliminary breath test (PBT) or field sobriety testing!
If convicted of causing a life-threatening injury by motor vehicle or vessel while under the influence or impaired by alcohol and/or drugs, you are subject to a term of imprisonment ranging from 2 to 3 years, and a fine from $3,000 to $5,000. Homicide by motor vehicle or vessel while under the influence or impaired by alcohol and/or drugs carries a term of imprisonment ranging from 3 to 5 years, and a fine of $3,000 to $5,000.
Boating While Under the Influence or Impaired by Alcohol and/or Drugs
Maryland’s beautiful waterways are popular recreation spots. If while operating a jet ski, sail boat, power boat, paddle boat, row boat, dinghy or any other vessel in Maryland’s waters you are stopped and detained under suspicion of operating a vessel while under the influence of alcohol or impaired by alcohol, or by a drug or a combination of alcohol and drugs, do NOT submit to a breath or blood test for alcohol concentration! There are NO administrative sanctions or statutory penalties for refusing a test for alcohol concentration associated with these offenses!
Do NOT submit to field sobriety testing
As with motor vehicle drinking and driving offenses, the only reason police administer field sobriety tests is to determine your level of impairment or intoxication. You will not pass these tests!
The terms of incarceration associated with DUI/DWI offenses range from 60 days to up to a maximum of 3 years for subsequent offenses. You may also be fined not more than $500 for a first offense with a maximum of $3,000 for subsequent offenses.
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