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Implied Consent In Maryland:
any person who drives or attempts to drive a motor vehicle on a highway or on any private property used by the public in general, consents to take a test to determine alcohol concentration or a test to determine the concentration of a drug or controlled dangerous substance. Testing is free of charge to the driver and shall be a breath test to determine alcohol concentration, unless the driver or other persons require medical treatment for serious or life threatening injury, or the test equipment is unavailable. In that event, the test shall be a blood test. A test to determine drug or con-trolled dangerous substance content shall also be a blood test.

The MVA will suspend the license of any driver who refuses to take a test. A first time test refusal will result in a 120-day license suspension and a second time test refusal will result in a one-year license suspension.

A person may not be compelled to take a test. However, if upon receipt of a certified statement from a police officer that a test was refused, the Motor Vehicle Administration may suspend the driver's license or driving privilege in Maryland as follows:

A Refusal:

120 days for a first offense and one year for a second or subsequent offense. In addition, if the person was operating a commercial motor vehicle, the commercial driver's license will be disqualified for one year for a first offense, three years for a first offense while transporting hazardous materials which must be placarded, and disqualified for life for a second or subsequent offense while operating any commercial vehicle.

Test Results of 0.08% Alcohol Concentration or More

45 days for a first offense and 90 days for a subsequent offense

Driving Under the Influence (DUI):

First conviction: Up to one-year imprisonment and/or not more than $1,000 fine. While transporting a minor, up to two years imprisonment and/or not more than $2,000 fine.

Second conviction: Up to two years imprisonment and/or not more than $2,000 fine. While transporting a minor, up to three years imprisonment and/or not more than $3,000 fine. A conviction for driving while impaired within three years after a prior conviction is also subject to a mandatory minimum penalty of imprisonment for not less than 48 consecutive hours, or community service for not less than 80 hours.

Third or subsequent conviction: Up to three years imprisonment and/or not more than $3,000 fine. While transporting a minor, up to four years imprisonment and/or not more than $4,000 fine.

In cases of a second revocation, the driving privilege may be revoked for not less than one year. In cases of a third revocation, the driving privilege may be revoked for not less than 18 months. In cases of a fourth or subsequent revocation, the driving privilege may be revoked for not less than 2 years.

Driving While Impaired (DWI):

First conviction: Up to two months imprisonment and/or not more than $500 fine. While transporting a minor, up to 6 months imprisonment and/or not more than $1,000 fine.

Second or subsequent conviction: Up to one-year imprisonment and/or not more than $500 fine. While transporting a minor, up to one-year imprisonment and/or not more than $2,000 fine. For alcohol and/or drugs, a suspension for not more than 6 months for the first offense, for a second conviction within 5 years or a third conviction, a suspension for not more than 9 months. For a fourth or subsequent conviction, a suspension for not more than 24 months. For controlled dangerous substance, a revocation for not less than 6 months.