The provisions of this subtitle apply throughout this State, whether on or off a highway.

A person is guilty of reckless driving if the person drives a motor vehicle: In wanton or willful disregard for the safety of persons or property; In a manner that indicates a wanton or willful disregard for the safety of persons or property; or At a speed at least 30 miles per hour above the posted speed limit. A person is guilty of negligent driving if the person drives a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual. A person convicted of a violation of subsection (a) of this section is subject to imprisonment not exceeding 60 days or a fine not exceeding $1,000 or both. A person convicted of a violation of subsection (b) of this section is subject to a fine not exceeding $750.

A person is guilty of aggressive driving if the person commits three or more of the following offenses at the same time or during a single and continuous period of driving in violation of: § 21–201 of this title (Failure to obey traffic control device or leaving roadway to avoid traffic control device); § 21–202 of this title (Traffic lights with steady indication); § 21–303 of this title (Overtaking and passing vehicles); § 21–304 of this title (Passing on right); § 21–305 of this title (Driving left of center of roadway in overtaking and passing vehicle); § 21–307 of this title (Driving on left in no–passing zone); § 21–309 of this title (Driving on laned roadways); § 21–310 of this title (Following too closely); § 21–403 of this title (Failure to yield right–of–way); § 21–502(a)(2) of this title (Failure to stop for pedestrian in crosswalk); § 21–502(c) of this title (Overtaking and passing vehicle stopped for pedestrian in crosswalk); § 21–706 of this title (Overtaking and passing school vehicle stopped and operating alternately flashing red lights); § 21–707 of this title (Stop signs and yield signs); § 21–801.1 of this title (Exceeding maximum speed limit or posted maximum speed limit); § 21–1117 of this title (Skidding, spinning wheels, and excessive noise); § 21–1131 of this title (Discharging diesel emissions onto another); § 21–1209(a) of this title (Avoiding collision and overtaking and passing bicycle, EPAMD, or motor scooter); § 21–1303(c) of this title (Motorcycle overtaking and passing in same lane as another vehicle); or § 21–1303(d) of this title (Motorcycle operating between lanes of traffic or vehicles). A person convicted of a violation of this section is subject to a fine not exceeding $1,000.

In this section, “vulnerable individual” means: A pedestrian, including an individual who is lawfully: Actively working on a highway or a utility facility along a highway; Providing emergency services on a highway; or On a sidewalk or footpath; An individual who is lawfully riding or leading an animal on a highway, shoulder, crosswalk, or sidewalk; or An individual who is lawfully operating or riding any of the following on a highway, shoulder, crosswalk, or sidewalk: A bicycle; A farm tractor or farm equipment; A play vehicle; A motor scooter; A motorcycle; An animal–drawn vehicle; An EPAMD; or A wheelchair. An individual may not cause the serious physical injury or death of a vulnerable individual as a result of the individual operating a motor vehicle in violation of any provision of this title. An individual charged with a violation of subsection (b) of this section: Must appear in court; and May not prepay the fine. An individual convicted of a violation of subsection (b) of this section is subject to a fine not exceeding $2,000. In addition to the penalties provided under subsection (c) of this section, the court may order an individual convicted of a violation of subsection (b) of this section to: Participate in a motor vehicle safety course; and Perform up to 150 hours of community service. The Administration shall suspend the driver’s license of an individual convicted of a violation of subsection (b) of this section for at least 7 days but not more than 6 months.

A person may not drive or attempt to drive any vehicle while under the influence of alcohol. A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction. A person may not violate paragraph (1) of this subsection while transporting a minor. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction. A person may not drive or attempt to drive any vehicle while impaired by alcohol. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction. A person may not violate paragraph (1) of this subsection while transporting a minor. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction. A person may not drive or attempt to drive any vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction. 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. A person may not violate paragraph (1) of this subsection while transporting a minor. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (d)(2) of this section shall be considered a prior conviction. 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. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction. A person may not violate paragraph (1) of this subsection while transporting a minor. A person convicted of a violation of this paragraph is subject to: For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both. For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (c)(2) of this section shall be considered a prior conviction. For purposes of the application of subsequent offender penalties under this section, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section or § 8–738 of the Natural Resources Article shall be considered a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section or § 8–738 of the Natural Resources Article. In this subsection, “imprisonment” includes confinement in: An inpatient rehabilitation or treatment center; or Home detention that includes electronic monitoring for the purpose of participating in an alcohol treatment program that is: Certified by the Maryland Department of Health; Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or Approved by the court. A person who is convicted of a violation of subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 10 days. A person who is convicted of a violation of subsection (d) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days. A person who is convicted of a third or subsequent offense under subsection (d) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 10 days. A person who is convicted of an offense under subsection (a) of this section within 5 years after a prior conviction under that subsection shall be required by the court to: Undergo a comprehensive alcohol abuse assessment; and If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is: Certified by the Maryland Department of Health; Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or Approved by the court. A person who is convicted of an offense under subsection (d) of this section within 5 years after a prior conviction under that subsection shall be required by the court to: Undergo a comprehensive drug abuse assessment; and If recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is: Certified by the Maryland Department of Health; Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or Approved by the court. The penalties provided under this subsection are mandatory and are not subject to suspension or probation. In this subsection, “test” has the meaning stated in § 16–205.1 of this article. The penalties under this subsection are in addition to any other penalty imposed for a violation of this section. Subject to paragraph (4) of this subsection, if a person is convicted of a violation of this section and the trier of fact finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the same circumstances as the violation, the person is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both. A court may not impose an additional penalty under this subsection unless the State’s Attorney serves notice of the alleged test refusal on the defendant or the defendant’s counsel before the earlier of: Acceptance of a plea of guilty or nolo contendere; or At least 15 days before trial in a circuit court or 5 days before trial in the District Court. A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of two violations of any provision of subsection (a), (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article. For purposes of this subsection, a conviction for a crime under the laws of the United States that would be a crime included in paragraph (1) of this subsection if committed in this State shall be considered a prior conviction under this subsection. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both. A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of: Three or more violations of any provision of subsection (a), (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article; or A violation of § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article. For purposes of this subsection, a conviction for a crime under the laws of the United States that would be a crime included in paragraph (1) of this subsection if committed in this State shall be considered a prior conviction under this subsection. A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

In this section, “arrestee” means a person who has been arrested for a violation of § 21–902 of this subtitle or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article. An arrestee may not drive a motor vehicle within 12 hours after the arrestee’s arrest for a violation of § 21–902 of this subtitle or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article. A person convicted of a violation of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

In this section, “ignition interlock system” means a device that: Connects a motor vehicle ignition system to a breath analyzer that measures a person’s blood alcohol level; Prevents a motor vehicle ignition from starting if a person’s blood alcohol level exceeds the calibrated setting on the device; and Has a camera: With the capability of recording still images of the person taking the test of the person’s blood alcohol level; Without the capability to record sound; Without the capability to record video; and That records images only while the device is testing the blood alcohol level of the person taking the test or if the device is being tampered with. In addition to any other penalty for a violation of § 21–902(a) or (b) of this subtitle or in addition to any other condition of probation, a court may prohibit a person who is convicted of, or granted probation under § 6–220 of the Criminal Procedure Article for, a violation of § 21–902(a) or (b) of this subtitle from operating for not more than 3 years a motor vehicle that is not equipped with an ignition interlock system. If the court imposes the use of an ignition interlock system as a sentence, part of a sentence, or condition of probation, the court: Shall state on the record the requirement for and the period of the use of the system and so notify the Administration; Shall direct that the records of the Administration reflect: That the person may not operate a motor vehicle that is not equipped with an ignition interlock system; and Whether the court has expressly allowed the person to operate a motor vehicle without an ignition interlock system under subsection (g)(2) of this section; Shall direct the Administration to note on the person’s license in an appropriate manner a restriction imposed under paragraph (2)(i) or (ii) of this subsection; Shall require proof of the installation of the system and periodic reporting by the person for verification of the proper operation of the system; Shall require the person to have the system monitored for proper use and accuracy at least semiannually, or more frequently as the circumstances may require, by an entity approved by the Administration; and Shall require the person to pay the reasonable cost of leasing or buying, monitoring, and maintaining the system; and May establish a payment schedule. A person prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system may not solicit or have another person start or attempt to start a motor vehicle equipped with an ignition interlock system. A person may not start or attempt to start a motor vehicle equipped with an ignition interlock system for the purpose of providing an operable motor vehicle to a person who is prohibited under this section or Title 16 of this article from operating a motor vehicle that is not equipped with an ignition interlock system. A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition interlock system that has been installed in the motor vehicle of a person under this section or Title 16 of this article. Subject to paragraph (2) of this subsection, a person may not knowingly furnish a motor vehicle not equipped with a functioning ignition interlock system to another person who the person knows is prohibited under subsection (b) of this section or Title 16 of this article from operating a motor vehicle not equipped with an ignition interlock system. This paragraph does not limit or otherwise affect any provision of federal or State law relating to a holder of a commercial driver’s license. If a person is required in the course of the person’s employment to operate a motor vehicle owned or provided by the person’s employer, the person may operate that motor vehicle in the course of the person’s employment without installation of an ignition interlock system if: The person has not been convicted of: A violation of § 21–902(a) of this subtitle more than once within a 5–year period; A violation of § 21–902(a) of this subtitle within 5 years after the person previously was convicted of a violation of § 21–902(d) of this subtitle; or A violation of § 21–902(d) of this subtitle within 5 years after the person previously was convicted of a violation of § 21–902(a) of this subtitle; and The court or the Administration has expressly allowed the person to operate in the course of the person’s employment a motor vehicle that is not equipped with an ignition interlock system. The Administration may allow a participant in the Ignition Interlock System Program under § 16–404.1 of this article to operate in the course of the person’s employment a motor vehicle owned or provided by the person’s employer that is not equipped with an ignition interlock system if: The person provides information acceptable to the Administration regarding the person’s current employment and the need for the person to operate the motor vehicle in the course of employment; and The person has not been convicted of: A violation of § 21–902(a) of this subtitle more than once within a 5–year period; A violation of § 21–902(a) of this subtitle within 5 years after the person previously was convicted of a violation of § 21–902(d) of this subtitle; or A violation of § 21–902(d) of this subtitle within 5 years after the person previously was convicted of a violation of § 21–902(a) of this subtitle. A person convicted of a violation of subsection (d), (e), (f), or (g) of this section is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

In this section, “test” has the meaning stated in § 16–205.1 of this article. If a person is convicted of a violation of § 21–902(b) or (c) of this subtitle and the trier of fact finds beyond a reasonable doubt that the person refused to take a test arising out of the same circumstances as the violation, the court shall require the person to participate in the Ignition Interlock System Program under § 16–404.1 of this article for 1 year. The penalty provided under this section shall be: In addition to any other criminal penalty for a violation of § 21–902(b) or (c) of this subtitle; and Concurrent with any other participation in the Ignition Interlock System Program ordered by the Administration under any other provision of this article. If a person subject to this section participates in the Ignition Interlock System Program under § 16–205.1 of this article, the person shall receive credit toward the length of participation in the Ignition Interlock System Program arising out of the same incident required under this section.

The Administration shall certify or cause to be certified ignition interlock systems for use in the State and adopt regulations for the certification of the ignition interlock systems. The regulations adopted under paragraph (1) of this subsection shall include requirements that an ignition interlock system: Does not impede the safe operation of the vehicle; Minimizes opportunities to be bypassed; Correlates accurately with established measures of blood alcohol levels; Works accurately and reliably in an unsupervised environment; Requires a proper and accurate measure of blood alcohol levels; Is installed in a tamper–proof manner and provides evidence of attempted tampering; Is difficult to circumvent and requires premeditation to circumvent; Minimizes inconvenience to a sober user; Is manufactured by a party responsible for installation, user training, service, and maintenance; Operates reliably over the range of motor vehicle environments or motor vehicle manufacturing standards; Is manufactured by a person that is adequately insured for products liability; Provides the option for an electronic log of the driver’s experience with the system; and Is certified by a qualified laboratory approved by the Administration. The Administration shall design and adopt a warning label to be affixed to an ignition interlock system on installation. The warning label shall state that a person tampering with, circumventing, or otherwise misusing the ignition interlock system is guilty of a misdemeanor and on conviction is subject to a fine or imprisonment or both. The Administration shall publish a list of certified ignition interlock systems. A manufacturer of an ignition interlock system that seeks to sell or lease the ignition interlock system to persons subject to § 21–902.2 of this subtitle in the State shall pay the costs of obtaining the required certification. A person may not sell or lease or offer to sell or lease an ignition interlock system to a person subject to § 21–902.2 of this subtitle in the State unless: The system has been certified by the Administration; and A warning label approved by the Administration is affixed to the system stating that a person who tampers, circumvents, or otherwise misuses the system is guilty of a misdemeanor and on conviction is subject to a fine or imprisonment or both. A person that sells or leases an ignition interlock system in the State shall: Monitor the use of the system as required by the court; and Issue a report of the results of the monitoring to the appropriate office of the Division of Parole and Probation. The Administration shall adopt regulations establishing minimum standards for the certification of an approved service provider, including: The minimum qualifications described under § 16–404.1 of this article; and A requirement that an approved service provider shall maintain service and installation records and provide these records for inspection on the request of the Administration.

In this section the following words have the meanings indicated. “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that contains at least 0.5% alcohol by volume and is fit for beverage purposes. “Cannabis” has the meaning stated in § 5–101 of the Criminal Law Article. “Passenger area” means an area that: Is designed to seat the driver and any passenger of a motor vehicle while the motor vehicle is in operation; or Is readily accessible to the driver or a passenger of a motor vehicle while in their seating positions. “Passenger area” does not include: A locked glove compartment; The trunk of a motor vehicle; or If a motor vehicle is not equipped with a trunk, the area behind the rearmost upright seat or an area that is not normally occupied by the driver or a passenger of the motor vehicle. This section applies to a motor vehicle that is driven, stopped, standing, or otherwise located on a highway. A driver of a motor vehicle may not consume an alcoholic beverage, or smoke or consume cannabis, in a passenger area of a motor vehicle on a highway. Notwithstanding § 6–320, § 6–321, or § 6–322 of the Alcoholic Beverages and Cannabis Article, or any other provision of law, the prohibition contained in this section applies throughout the State.

In this section, “visual or audible signal” includes a signal by hand, voice, emergency light or siren. If a police officer gives a visual or audible signal to stop and the police officer is in uniform, prominently displaying the police officer’s badge or other insignia of office, a driver of a vehicle may not attempt to elude the police officer by: Willfully failing to stop the driver’s vehicle; Fleeing on foot; or Any other means. If a police officer gives a visual or audible signal to stop and the police officer, whether or not in uniform, is in a vehicle appropriately marked as an official police vehicle, a driver of a vehicle may not attempt to elude the police officer by: Willfully failing to stop the driver’s vehicle; Fleeing on foot; or Any other means. A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section that results in bodily injury to another person. A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section that results in death of another person. In this subsection, “crime of violence” has the meaning stated in § 14–101 of the Criminal Law Article. A driver may not commit a violation of subsection (b)(1) or (c)(1) of this section while the driver is attempting to elude a police officer who is signaling for the driver to stop for the purpose of apprehending the driver for the commission of a crime of violence for which the driver is subsequently convicted. Except as provided in paragraphs (2) and (3) of this subsection, a person convicted of a violation of this section is subject to: For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and For a second or subsequent offense, imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both. A person convicted of a violation of subsection (d)(1) or (e) of this section is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both. A person convicted of a violation of subsection (d)(2) of this section is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

A holder of a provisional driver’s license who is under the age of 18 years is guilty of high–risk driving if the holder of the provisional license commits any of the following violations: § 21–901.1 of this subtitle (Reckless and negligent driving); § 21–901.2 of this subtitle (Aggressive driving); or § 21–1116 of this title (Race or speed contest prohibited). If the individual is convicted of a violation specified in subsection (a) of this section, the Administration shall suspend the individual’s driver’s license: For a first offense, for 6 months; and For a second or subsequent offense, for 1 year. An individual subject to a license suspension under this subsection may request a hearing as provided for a suspension or revocation under Title 12, Subtitle 2 of this article.