Nearly 30 people in the U.S. die in drunk driving crashes every day, which is more than 1 per hour.
That’s according to a report by the National Highway Traffic Safety Administration. In 2017, the most recent year of data, there were 186 alcohol-impaired driving fatalities in Maryland, compared to 343 non-alcohol-impaired driving fatalities. That equals more than one-third of Maryland traffic fatalities, or 35%.
Drinking and driving isn’t a victimless crime. While it’s true that many alcohol-related crashes involve a single vehicle—the impaired driver’s car—there are still far too many multi-vehicle wrecks.
Check out the 2 charts below to compare single-vehicle vs. multiple-vehicle alcohol-related fatal crashes in Maryland in 2018:
Maryland laws include DUI and DWI as separate offenses.
A DUI is more severe than a DWI in Maryland. You can be charged with a DUI if your blood alcohol concentration (BAC) is .08% or higher. Maryland law calls this “under the influence per se.”
If you’re convicted of a DUI, you will receive 12 points on your license, which makes you eligible for license revocation.
Driving while impaired, or DWI, is a lesser charge than DUI. You can be charged with a DWI if your BAC is .07% and you’re presumed to be impaired. The prosecutor is required to present less evidence for a DWI conviction than for a DUI. In order to be convicted of a DWI, the prosecutor must only demonstrate that the driver’s normal coordination was somewhat impaired by alcohol or drugs.
If you’re convicted of a DWI in Maryland, you’ll receive 8 points on your license and could have your license suspended.
Maryland’s Drunk Driving Reduction Act of 2016, also known as “Noah’s Law,” requires that any driver who is convicted of an alcohol-related driving offense must install an ignition interlock device (IID) in their car.
The law is named for police officer Noah Leotta, who was killed by a drunk driver at a sobriety checkpoint. This device requires a driver to blow into it so that the device can register the driver’s BAC before the car will start. The length of time an IID will be required depends on the offense.
For the most part, a sentence or penalty for an alcohol-related offense will depend on whether you have prior convictions.
Maryland DWI penalties | ||
---|---|---|
1st offense | 2nd offense | 3rd offense |
Up to 2 months jail time | Up to 1 year jail time | Up to 5 years jail time |
Up to $500 fine | Up to $500 fine | Up to $5,000 fine |
Up to 6 months license suspension | Up to 9 months license suspension | Up to 12 months license suspension |
Maryland DUI penalties | ||
1st offense | 2nd offense | 3rd offense |
Up to 1 year jail time | Up to 2 years jail time | Up to 5 years jail time |
Up to $1,000 fine | Up to $2,000 fine | Up to $5,000 fine |
Up to 6 months license suspension | Up to 9 months license suspension | Up to 12 months license suspension |
If you have a minor passenger in the car and you’re impaired, you face a maximum of 1 year in jail and $1,000 in fines for a first offense, and up to 2 years in jail and $2,000 for a second offense.
There are also license suspensions for various aspects of a DUI:
If you’re a victim who was injured as a result of an alcohol-related accident, knowing that the drunk driver was convicted of a DWI or DUI might help you to feel that justice was served. Unfortunately, that doesn’t help you to recover the financial costs and expenses that you incurred from your injuries.
If you were injured as a result of an accident and the injuries cost money, you can recover costs from the at-fault driver.
There are 2 ways to recover costs — known as “damages” — for a drunk driving accident:
If you were involved in any type of personal injury accident, you may be able to recover costs that include:
Insurance should cover medical expenses, property loss, and lost wages. If you expect to recover costs for other things, like pain and suffering or future earning capacity, you’ll need to file a lawsuit.
Maryland follows the pure contributory negligence rule of fault. Therefore, if you had any fault for the accident, you can’t recover any damages from the other party in a lawsuit.
Why is this important in a drunk driving injury case?
Consider this hypothetical scenario:
Unlike many states, Maryland doesn’t have a dram shop law that would hold a business (such as a bar or restaurant) responsible if a patron causes an accident while drunk after leaving the business.
However, Maryland does have a social host liability law.
An adult who provides alcohol to a minor in a social host situation could face criminal penalties. However, a plaintiff in a drunk driving accident is not permitted to sue the host for injuries caused by the minor. Maryland also doesn’t permit a plaintiff to sue the host after being injured by a guest who was intoxicated.
You can’t change another person’s behavior, but you can be on the lookout to reduce your own risk of being injured in a drunk driving accident. Mothers Against Drunk Driving (MADD) offers these common signs of drunk driving:
Always make sure you have a designated driver. If you’re heading out (or drinking at home), be sure that someone in your party knows they’re the designated driver and that they’re not planning to drink any alcohol. Alcohol consumption affects everyone differently, and even a small amount can affect your ability to drive safely.
There are several factors that affect your BAC, so the best practice is not to drive if you’ve had any alcohol at all. Your BAC after a single drink today might be different after a single drink tomorrow. Your BAC can change based on these factors:
If you end up drinking even though you didn’t plan to, find a safe ride home. Either call a sober friend or family member, or use a taxi or rideshare service (for example, Uber or Lyft).
Finally, don’t attempt to stop a drunk driver you don’t know on your own. You don’t know if the person will become angry or violent, and you could make a bad situation worse by attempting to confront them. Call the police, instead — that’s their job and they know how to handle it.
If you’ve been injured by a drunk driver — or any driver — and you believe you’re entitled to recover compensation for your injuries, we recommend at least talking to a personal injury lawyer to understand your rights.
An experienced lawyer can help determine fault for the accident, figure out how much you should recover in damages, and guide you through the best way to recover the full amount. The Enjuris Personal Injury Law Firm Directory is a comprehensive and free source for finding a Maryland lawyer near you who’s experienced and ready to talk.