Enhanced Penalties and Other Consequences of DUI’s in Ocean City
There are enhanced penalties for driving under the influence in Ocean City for having a minor in the car. Also, a natural aggravator, although not statutory, is if there is an accident that injures another person or property. A first time DUI may still include probation before judgment, but if an accident occurred the driver can anticipate a greater fine, a longer period of probation, or perhaps even having to serve a weekend or two in jail in order to receive the PBJ.
It is not frequently charged down here, but the State can actually pursue a separate charge for refusing to taking the breath test. That charge carries a maximum penalty of 60 days in jail.
Does BAC Determine DUI Penalties in Ocean City?
No, the BAC test simply has to do with what presumptions the court can make. Because the breath test result is a piece of evidence that can be used against person in court. So depending on the BAC, the court can make certain presumptions.
For example, if the court is told that the person blow .08, then the court can convict that person based solely on that evidence, so long as the State has also proven that the defendant was the driver. That would be considered evidence that the person was driving under the influence.
Those breath test results can enhance the length of suspension that the MVA can give. As far as the MVA suspending your privilege to drive, if you blow a .08 but less than a .15, your suspension would be for 45 days if it’s a first offense.
But if you blew .15 or higher, the suspension is going to be 90 days for a first offense. So the BAC result can certainly impact how long a person’s privilege to drive is suspended.
What Happens to a Driver’s License After An Ocean City DUI?
Well, if you’re a Maryland resident, if you either blew a breath test result or if you refuse to blow, the officer can take your driver’s license and will give you a temporary license.
Then you will have to determine if you want to request an MVA hearing and see if you can get a modified license. Or you could request an MVA hearing and you could argue that the officer didn’t have reasonable grounds to ask you to take the test.
In which case, if the hearing officer agrees with you, then you get your driver’s license back at the hearing. But you know, typically what happens is they take the Maryland’s driver’s license and they give the driver a temporary license to drive on for a limited amount of time.