Ocean City DUI Penalties
The penalties for DUI in Ocean City depend on many factors, including the charges you are facing and any priors you may have had. Below, we discuss the penalties for first time and second offense DUIs in Ocean City. To ensure that you are minimizing the penalties of your DUI as much as possible, call and schedule a consultation with an Ocean City DUI lawyer today.
Penalties for First Time DUIs
If the person has been convicted of driving under the influence of alcohol, the maximum penalty for that offense is a year in jail and/or a $1,000 fine. Also, if convicted, the District Court will notify the MVA of the conviction. The MVA can then assess points potentially suspend or revoke the person’s privilege to drive. There are potential jail penalties and there are also potential MVA consequences if convicted of a driving under the influence.
If the driver is convicted of a driving while impaired charge, the maximum penalty is sixty days in jail and/or a $500 fine. Again, points can be assessed at the Motor Vehicle Administration.
Probation or Alternative Sentencing for First Time DUIs
Prosecutors do not offer probation or alternative sentencing for first time DUIs. The Worcester County State Attorney’s Office is the agency responsible for prosecuting DUI cases in Ocean City and the Worcester County State Attorney’s Office does not offer any sort of diversion program for a first offender.
They will very aggressively prosecute a DUI regardless of whether it is a first offense or not.
However, the judges has the right, if they so choose, for a first offense DUI to grant probation before judgment. That is a sentencing disposition that allows the person to avoid the points by the judge granting probation before judgment. If the person successfully completes the period of probation, the points would not be assessed to the driver’s license.
The court, on its own initiative, can consider a sentence that takes away the conviction, but that is only on the judge’s initiative. That is not something that is handled by the State Attorney’s Office.
Penalties for Second Offense DUI Charges
If a driver has a prior conviction for a DUI, then for a second DUI the penalty is increased from a year in jail to potentially two years. The fine also is increased to a higher fine.
Enhanced Penalties and Aggravating Factors
If the driver has a minor in the vehicle with them, that is a separate penalty. Transporting a minor in the vehicle while the driver is driving under the influence can have a separate penalty of two years or a $2,000 fine. There is definitely a much more serious sentence if a driver has a minor in the vehicle.
Enhanced Penalties From High BAC Results
The breath test result enhances the potential penalties at the MVA. The consequences at MVA can be much more serious depending on what the breath test result is. For example, if the person has a breath test result of a .08, but less than a .15, the person’s privilege to drive can still be suspended, but the driver could be issued a modified or a restricted license which would allow them to be able to drive for work or for school or to attend doctor’s appointments. But if the person takes the breath test and the result is a .15 or greater, then the MVA will not allow the driver to have a modified license. The only way that the driver can operate a motor vehicle is if the driver is participating in the ignition interlock program.