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Appendix A
Motor Vehicle Statutes That Address Child Endangerment

MARYLAND

Md. Code Ann., Transp. I § 21-902 (2003)
Driving while under the influence of alcohol, while under the influence of alcohol per se, while impaired by alcohol, or while impaired by a drug, a combination of drugs, a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance

(a) Driving while under the influence of alcohol or under the influence of alcohol per se.

  1. A person may not drive or attempt to drive any vehicle while under the influence
    of alcohol.
  2. A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.
  3. A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

(b) Driving while impaired by alcohol. –

  1. A person may not drive or attempt to drive any vehicle while impaired by alcohol.
  2. A person may not violate paragraph (1) of this subsection while transporting a minor.

(c) Driving while impaired by drugs or drugs and alcohol. –

  1. 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.
  2. It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.
  3. A person may not violate paragraph (1) or (2) of this subsection while transporting a minor.

(d) Driving while impaired by controlled dangerous substance. –

  1. A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5-101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.
  2. A person may not violate paragraph (1) of this subsection while transporting a minor.

Md. Code Ann., Transp. I § 27-101 (2005)
Penalties for misdemeanor

(a) Violation of vehicle laws a misdemeanor. -- It is a misdemeanor for any person to violate any of the provisions of the Maryland Vehicle Law. . .

(q) Violation of § 21-902. –

  1. Any person who is convicted of a violation of § 21-902(a)(3) or (d)(2) of this article is subject to:

    (i) For a first offense, a fine of not more than $ 2,000 or imprisonment for not more than 2 years or both;

    (ii) For a second offense, a fine of not more than $ 3,000 or imprisonment for not more than 3 years or both; and

    (iii) For a third or subsequent offense, a fine of not more than $ 4,000 or imprisonment for not more than 4 years or both.

  2. Any person who is convicted of a violation of § 21-902(b)(2) or (c)(3) of this article is subject to:

    (i) For a first offense, a fine of not more than $ 1,000 or imprisonment for not more than 6 months or both; and

    (ii) For a second or subsequent offense, a fine of not more than $ 2,000 or imprisonment for not more than 1 year or both.

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