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WES MOORE, Governor Ch. 717
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2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding [$2,000] $2,400 or both.
(iii) 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.
(d) (1) (i) 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.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding [$1,000] $1,200 or both; and
2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding [$2,000] $2,400 or both.
(iii) 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.
(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.
(ii) A person convicted of a violation of this paragraph is subject to:
1. For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and
2. For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.
(iii) 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.
SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as follows:
Chapter 36 of the Acts of 2021