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Maryland

Felony DUI

No felony DUI law

DUID Zero Tolerance and Per Se Laws

Impairment-based statute only

Cannabis Drug-Impaired Driving Laws

No cannabis-specific drugged driving law

DUI Child Endangerment Laws

Enhanced penalties

Enhanced Penalties for High-BAC

0.15

DUI Look-back Periods

Five years

Open Container - Alcohol

In compliance with Federal requirements

Good Samaritan

Good Samaritan law enacted

Test Refusal

Administrative penalties

24/7 Programs

No 24/7 legislation

Administrative License Suspension/Revocation

ALS/ALR law enacted

Sobriety Checkpoints

Permitted

Habitual Offender Designation

Habitual Offender Law Enacted

Drug Evaluation and Classification Program

151-250 DREs

DUI Courts - Standalone

1-5 DUI Courts

DUI Courts - Hybrid

1-5 Hybrid Courts

Open Container - Cannabis

No cannabis open container law

Cannabis Laws (2020)

Medical Cannabis & Decriminalized

DUID: Implied Consent Testing Methods

Blood

DUID Affirmative Defense

Affirmative defense

Anti-Plea Bargaining Statutes

No Data Available

eWarrant Case Study Sites

Not authorized to use e-warrants

Preliminary Breath Test (PBT) Laws

No Data Available

2016 Enacted Impaired Driving and Underage Drinking Legislation

Enacted Impaired Driving and Underage Drinking Legislation

Lower BAC legislation

No legislation introduced

Low BAC

Low BAC may be considered with other evidence

CARS Implementation

none

2017 New Impaired Driving and Underage Drinking Laws

Drug-impaired Driving Legislation

Ignition Interlocks

Mandatory all offender

Electronic Warrants (E-warrants) Authorization

Legislation & Court Rule/Order

Top Detected Drug Category by State (2019)

Narcotics

2019 Enacted Impaired Driving & Underage Drinking Legislation

Impaired Driving & Underage Drinking Legislation

2019 Legislative Activity

Active

False Identification - Sanctions

Judicial license suspension/revocation

False Identification - Point-of-Sale Policies

Distinctive License & No Seizure Law

No Refusal Programs

Has legal authority to implement No Refusal program

Oral Fluid Testing

Oral fluid testing authorized

Implied Consent Laws

Drugs

16-205.1 - Learn More
Any person who drives or attempts to drive a motor vehicle on a highway or on any private property that is used by the public in general in this State is deemed to have consented, subject to the provisions of §§ 10-302 through 10-309, inclusive, of the Courts and Judicial Proceedings Article, to take a test if the person should be detained on suspicion of driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person could not drive a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of § 16-813 of this title.

Blood

Yes

Urine

No/p>

Oral Fluids

No Data Available

Other

Yes
Breath

DUI Statutes

Drugs

21-902 (c)- Learn More
A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.

Combined/Multiple Substance

21-902 (c) - Learn More
A person may not drive or attempt to drive any vehicle while he is so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that he cannot drive a vehicle safely.

Refusal Law to Chemical Testing (Not Alcohol)

Penalties

16-205.1 (b)(5) Refusal- Learn More
For a first offense, suspend the driver's license for 270 days; or, for a second or subsequent offense, suspend the driver's license for 2 years;

Can Refusal Be Used as Evidence?

Admin Hearing or Civil Trial

Yes

Criminal Trial

Yes

ALR Laws

Cannabis

Yes

Length/Time of Restriction

No

Hardship License Available

Yes

Random Drug Testing or Ignition Interlock Requirements

Cannabis

16-404.1 (g) - Learn More
According to Maryland web information, if eligible, the drunk driver may immediately "request" to participate in Maryland's Ignition Interlock Program instead of serving the Administrative Per Se suspension period (see Impaired Driving Laws). Your election to participate and instructions can be found on the reverse side of the driver copy of the "Order of Suspension."
Instead of requesting a hearing or upon the suspension or revocation of a driver's license, one may request to participate in the Ignition Interlock System Program. An Ignition Interlock Election form is located on the reverse side of the driver's copy of the Order of Suspension.
To participate, one will be enrolled in the Ignition Interlock Program for:
180 days, if you submitted to a test indicating an alcohol concentration of at least 0.08 but less than 0.15, or
1 year if you submitted to a test indicating an alcohol concentration of 0.15 or higher, or
1 year if you refused to submit to the test which appears to potentially cover drugged driving refusals as well.

Other Drugs

No Data Available

Zero Tolerance Level for People Under 21 Who Are Driving Under the Influence of Cannabis or Other Drugs

No Data Available

Cannabis Per Se Statute

No Data Available

Threshold

No Data Available

Nanogram Limit

No Data Available

DUI Standards

(1) driving any vehicle while the driver is so far impaired by any drug that he or she cannot drive a vehicle safely, or (2) driving any vehicle while the person is impaired by any controlled dangerous substance, if the person is not entitled to use the controlled dangerous substance under the laws of the State.

Provisions for Screening Cannabis/Assessment/Education/Treatment

21-902 - Learn More
Yes. Education program requirements are spelled out in the penalty section of the DUI statute and the required sentencing depends on the level of the offense.

Additional Penalties

No Data Available

Cannabis Impaired Driving Penalties

21-902 (c) or (d)- Learn More
First offense is a misdemeanor with a jail sentence of 2 months to 1 year and a fine of $500 to $1,000. Driver license suspension period of up to 45 days. Offender is required to successfully complete a drug/alcohol education program.

Are the Impaired Driving Penalties the Same for Alcohol?

Yes

Are Combined Substances Mentioned in DUI Statute?

21-902 - Learn More
Yes

Penalties for Multiple Substance/Multiple Substance Impaired Driving

First offense is a misdemeanor with a jail sentence of 2 months to 1 year and a fine of $500 to $1,000. Driver license suspension period of up to 45 days. Offender is required to successfully complete a drug/alcohol education program.

Child Endangerment or Enhanced Penalties for Driving Impaired by Cannabis/Drugs with Child in Car

21-902
Additional penalties of up to 2-3 years in jail and a $2,000-$3,000 fine for a DUI conviction if there is a minor in vehicle.

Statutes with THC Listed as Delta 8, 9, 10, or 11

Md. Ann. Code 5-402
Tetrahydrocannabinols are classified on this list.

Electronic Warrant Program

Statewide

No Data Available

By Locality

No Data Available

Law Enforcement Phlebotomy Program

No Data Available

Oral Fluid

For Drug Detection

No

Roadside - Not Evidential

No

Evidential

No

Roadside and Evidential

No

Minimum Legal Age for Cannabis Consumption

21

Underage Cannabis Laws and Penalties

Underage Possession

5-601 - Learn More
Even though the possession of up to 10 grams of marijuana is not a criminal offense, violators who are under the age of 21 must appear in court and may be ordered to drug treatment.

Underage Consumption

Illegal

Underage Purchase

Illegal

Underage Attempt to Purchase

Illegal

Underage Exemptions to Illegality of Cannabis

Medical Marijuana

In Maryland, children can qualify for the state's medical marijuana program if they are accompanied by a parent/guardian for their visit and meet criteria for having failed other medications prior to seeking marijuana.

Other

No Data Available

Underage Cannabis Provisions for Screening/Assessment/Education/Treatment/Medication Assisted Treatment

No Data Available

Social Host Laws

Cannabis

No Data Available

Drugs

No Data Available

Penalties for Retailers Who Knowingly Sell to People Under 21

Sale to a minor is a felony with a potential two-year sentence and fines up to $20,000. If a minor is involved in the sale, the sentence could escalate to 20 years and $20,000.

Other

No Data Available