Title 2. Homicide — Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
Statutes in effect as of October 1, 2026.
Md. Code Ann., Crim. Law § 2-501 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–501LinkCopy Citation
In this subtitle, “under the influence of alcohol per se” means an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
Md. Code Ann., Crim. Law § 2-502 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–502LinkCopy Citation
(a)
For purposes of determining alcohol concentration under this subtitle, if the alcohol concentration is measured by milligrams of alcohol per deciliter of blood or milligrams of alcohol per 100 milliliters of blood, a court shall convert the measurement into grams of alcohol per 100 milliliters of blood by dividing the measurement by 1000.
(b)
The presumptions and evidentiary rules of §§ 10-302, 10-306, 10-307, and 10-308 of the Courts Article apply to a person charged under this subtitle.
Md. Code Ann., Crim. Law § 2-503 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–503LinkCopy Citation
(a)
A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:
(1)
under the influence of alcohol; or
(2)
under the influence of alcohol per se.
(b)
A violation of this section is:
(1)
homicide by motor vehicle or vessel while under the influence of alcohol; or
(2)
homicide by motor vehicle or vessel while under the influence of alcohol per se.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(2)
(i)
A person who violates this section, having previously been convicted under this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(ii)
For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.
Md. Code Ann., Crim. Law § 2-504 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–504LinkCopy Citation
(a)
A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while impaired by alcohol.
(b)
A violation of this section is homicide by motor vehicle or vessel while impaired by alcohol.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
(2)
(i)
A person who violates this section, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.
(ii)
For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–503, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.
Md. Code Ann., Crim. Law § 2-505 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–505LinkCopy Citation
(a)
A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is so far impaired by a drug, a combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive, operate, or control a motor vehicle or vessel safely.
(b)
A violation of this section is homicide by motor vehicle or vessel while impaired by drugs.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(2)
(i)
A person who violates this section, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(ii)
For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.
(d)
It is not a defense to a charge of violating this section that the person is or was entitled under the laws of this State to use a drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug, combination of drugs, or combination of one or more drugs and alcohol would make the person incapable of driving, operating, or controlling a motor vehicle or vessel in a safe manner.
Md. Code Ann., Crim. Law § 2-506 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–506LinkCopy Citation
(a)
A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while the person is impaired by a controlled dangerous substance, as defined in § 5–101 of this article.
(b)
A violation of this section is homicide by motor vehicle or vessel while impaired by a controlled dangerous substance.
(c)
(1)
Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
(2)
(i)
A person who violates this section, having previously been convicted under this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
(ii)
For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–503, § 2–504, § 2–505, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.
(d)
This section does not apply to a person who is entitled to use the controlled dangerous substance under the laws of this State.
Md. Code Ann., Crim. Law § 2-507 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–507LinkCopy Citation
(a)
An indictment, information, or other charging document for a crime under this subtitle is sufficient if it substantially states:
(1)
“(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol by killing (name of victim) against the peace, government, and dignity of the State.”;
(2)
“(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while under the influence of alcohol per se by killing (name of victim) against the peace, government, and dignity of the State.”;
(3)
“(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by alcohol by killing (name of victim) against the peace, government, and dignity of the State.”;
(4)
“(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by drugs by killing (name of victim) against the peace, government, and dignity of the State.”; or
(5)
“(name of defendant) on (date) in (county) committed homicide by motor vehicle or vessel while impaired by a controlled dangerous substance by killing (name of victim) against the peace, government, and dignity of the State.”.
(b)
An indictment, information, or other charging document for a crime under this subtitle need not set forth the manner or means of death.
Md. Code Ann., Crim. Law § 2-508 (2026)
Title 2. Homicide
Subtitle 5. Homicide by Motor Vehicle or Vessel While Impaired or Under the Influence
§ 2–508LinkCopy Citation
The clerk of the court shall notify the Motor Vehicle Administration of each person convicted under this subtitle of a crime involving a motor vehicle.