DUI and DWI Involving Death or Life Threatening Injury

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All of the forms of DUI and DWI in Maryland can become homicides where a death results from the defendant's negligent driving. Negligent driving is defined as operating "a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual." Unlike vehicular manslaughter, gross negligence is not a requirement. All of the vehicular homicide offenses are statutory felonies in Maryland. If an individual is convicted of driving under the influence the maximum penalty is five years incarceration and/or a $5000 fine. If an individual is convicted of driving while impaired the maximum penalty is three years and/or a $5000 fine. If convicted an individual can face the imposition of 12 points and the possibility of a revocation of the driver's license or privilege to drive.

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When there is an accident where someone suffers injuries that are potentially fatal as a result of the defendant's negligent driving, the defendant may be charged with DUI, DUI per se, and/or DWI involving life-threatening injury. These offenses are considered misdemeanors and carry a maximum penalty of three years incarceration and/or a $5,000 fine if convicted of DUI (driving under the influence) and two years incarceration and/or a $5000 fine if the driver is convicted of a DWI (driving while impaired). If convicted an individual can face the imposition of 12 points and the possibility of a revocation of the driver's license or privilege to drive.
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