Swinson v. State

WILNER, Judge.

Appellant was convicted in the Circuit Court for Kent County of driving under the influence of alcohol, in violation of Md.Code Ann.Transp. art., § 21-902(b), and failing to keep to the right of center. The maximum penalty for a *663first conviction under § 21-902(b) is a fine of $500 and incarceration for two months. Transp. art., § 27-101(c)(22). Because appellant had previously, in 1981, been convicted of driving while intoxicated, however, he was treated as a subsequent offender and given an enhanced punishment pursuant to § 27-101(f).1 He was fined $300 plus costs and sentenced…