Maryland has a concerning rate of alcohol-related car accidents. In 2022, 40% of all fatal accidents in the state involved a driver under the influence of alcohol. This is not a statistic that should be ignored, considering drunk driving kills one person every 50 minutes in the U.S.
In Maryland, the legal boundaries of driving under the influence reach beyond getting behind the wheel and driving somewhere.
This means that the state and authorities use the concept of ‘actual physical control’ when determining whether to charge a driver with a DUI. Moreover, it means that a driver can be charged and even arrested for DUI even if their vehicle is not moving.
The goal is to enhance public safety – to keep potentially drunk drivers off the road and away from other road users.
If you are in the habit of having a drink and getting into your car in Maryland, you should seriously reconsider. Not only can you get into a devastating accident, but even just being in your car while drunk can result in a prison stint.
What Does ‘Actual Physical Control’ Mean?
If you are considered to be in actual physical control of your car while under the influence, it means you can operate it. This is regardless of whether the car is stationary or moving.
Several factors allow authorities to decide whether a person is in actual physical control.
For instance, if you are drunk and sitting in the driver’s seat of your car, it would point to actual physical control. If you are in the passenger or back seat, you will not likely be considered in control of the vehicle.
The same applies to whether or not the keys are in the ignition or within reach and whether the engine is off or idling.
Sometimes, just where the car is parked might suggest that you recently drove it or want to drive it. The location can include anything from the side of the road to a parking lot.
These scenarios make it easy to see why you could be arrested even if the car is not in motion. For instance, if you are found asleep (because of drinking) in the driver’s seat and the keys are in the ignition, you may be seen as in actual physical control. This is regardless of whether the engine is on or off. In this instance, you may be charged with a DUI.
On the other hand, if you are sleeping in the back seat and the keys are not within your reach, you may be able to defend yourself against a DUI charge.
Legal Consequences of DUI in Maryland
Maryland imposes harsh penalties for DUI offenses. The state is serious about reducing the instances of drivers being on the road under the influence. It also wants to reduce the chances of someone who is in a stationary vehicle from driving off while under the influence.
Depending on a driver’s blood alcohol concentration and whether or not they are a repeat offender, fines or prison time may apply when caught.
If you are convicted for your first offense, you may get 12 points on your license and a fine of $1,000. If your offense is serious, you may spend a year in jail or your license may be revoked for six months.
However, first-time offenses do not usually invoke maximum penalties like these. But if you re-offend, your punishment will likely be much harsher.
For instance, if you are charged with a DUI again, your fine can go up to $2,000, and you may have to stay in jail for at least five days (mandatory). If convicted, your jail term could extend to two years, and your license may be revoked for a year.
If your second DUI happens within five years of the first, more penalties will be handed down.
It is also crucial to note that Noah’s Law has been updated, and the new version took effect on October 1, 2024. This law, named after a police officer killed by a drunk driver, mandates that all drivers convicted of a DUI must have an ignition interlock device installed in their cars.
This device makes it impossible for the car to start unless the driver passes a breathalyzer test. It is an instant way to prevent drivers from repeat offending and to keep others safe on the road.
Why Stringent DUI Laws Are Important
The horrific case of Minnesota Vikings rookie Khyree Jackson is just one of thousands that highlight the importance of DUI laws and consequences.
Cori Clingman, under the influence of alcohol, was speeding in Prince George’s County on July 6, 2024, when she struck Jackson’s car. The car veered off the road, hitting large tree stumps. Jackson, who was a passenger and the driver of the car, died at the scene. Another passenger died in hospital.
Clingman was arrested and charged with 13 counts, which included negligent homicide, DUI, and negligent vehicular manslaughter. If convicted, she will face 30 years behind bars.
Don’t Drink When You Are Going to Get in Your Car
The best way to stay safe on the road and prevent a DUI charge is to simply not drink when you plan on getting in your car. If you must drink, do not drive. Instead, get an Uber or ask a designated driver to take you home when you are done.
If you are already impaired and there is no one else around to help you, do not get in your car. Give your keys to the bartender or party host and let them call for a ride or help if needed.
Considering that you can face DUI charges just by being drunk (or buzzed) in your car, it is best to abstain if possible. Given the severe legal consequences of a DUI and the high risk of a tragic outcome if you head out on the road, it is incredibly important to make responsible decisions.
Maryland’s DUI laws are there for your safety and that of others. Adhering to them should be at the top of your mind whenever you plan to drink.
