Quick answer: You have four plea options in a Maryland DUI case: plead not guilty and go to trial, negotiate a plea down to the lesser DWI under Transp. § 21-902, plead guilty, or ask the court for probation before judgment (PBJ) so no conviction is entered. PBJ is usually the goal on a first offense, but a court cannot grant it if you got a DUI conviction or PBJ within the past 10 years. The right choice depends on the evidence, your record, and what the prosecutor will agree to.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and DUI cases. This page walks through every plea option so you can see how the pieces fit before you make a decision. For a deep look at one option, my Maryland DUI lawyer’s PBJ guide covers probation before judgment in full detail.
What Are My Plea Options in a Maryland DUI Case?
A DUI in Maryland is a must-appear charge — you cannot prepay it and make it go away like a payable ticket. You have to answer it in court, and how you answer is a strategic choice. There are four real paths, and each one produces a different result on your record, your license, and your insurance.
| Plea option | Likely outcome |
|---|---|
| Not guilty (trial) | Acquittal and no record if the State cannot prove its case; full penalties if convicted |
| Negotiated plea to DWI § 21-902(b) | Lesser charge — 8 points and up to 2 months instead of 12 points and up to 1 year |
| Guilty to DUI § 21-902(a) | Conviction on the record, 12 points, and the full penalty range |
| Probation before judgment (PBJ) | No conviction entered if probation is completed; not available with a DUI within the prior 10 years |
Most cases resolve through negotiation, not trial — usually aimed at a PBJ, a reduction to DWI, or both together.
Pleading Not Guilty and Going to Trial
A not-guilty plea forces the State to prove every element beyond a reasonable doubt. That is not just a formality. The stop has to be lawful, the field sobriety tests have to be administered correctly, and any breath or blood result has to hold up. Under Cts. & Jud. Proc. § 10-307, a result of 0.08 or more is per se DUI, a result from 0.07 up to 0.08 is prima facie evidence of DWI, and 0.05 or less is presumed not impaired at all. Where the test result is weak, borderline, or legally vulnerable, trial can be the best option.
Trial carries risk. A DUI conviction under § 21-902(a) exposes a first offender to up to 1 year in jail, a fine up to $1,200, and 12 points. But going to trial does not close off a plea — many cases settle on better terms once the defense has reviewed the evidence and filed motions. A weak case is leverage.
Negotiating a Plea Down to DWI
The most common negotiated outcome is a reduction from DUI under § 21-902(a) to the lesser DWI under § 21-902(b). The difference is real. A DWI first offense carries up to 2 months in jail, a fine up to $500, and 8 points — compared with up to 1 year, a $1,200 fine, and 12 points for a DUI. Fewer points, less jail exposure, and a smaller insurance hit.
A reduction to DWI is often the target when the evidence is not weak enough to win outright at trial but is soft enough to give the prosecutor a reason to deal — a BAC near the line, a clean prior record, or a procedural problem with the stop or the testing. The strongest result of all combines the two options: the DUI is dropped, you plead to DWI, and the court grants a PBJ on that DWI, so there is no conviction and the underlying charge is the lesser one. My page on DUI vs. DWI in Maryland compares the two charges directly.
Pleading Guilty
Pleading guilty to DUI usually costs the most and should rarely be the first move. A guilty plea to § 21-902(a) puts a conviction on your record, assesses 12 points, and opens the full penalty range — up to 1 year and a $1,200 fine on a first offense, and up to 2 years and a $2,400 fine on a second, with a mandatory minimum of 5 days in jail if the second falls within 5 years of the first. A conviction also drives the largest and longest insurance increase.
A straight guilty plea occasionally makes sense as part of a negotiated sentence that caps the exposure. But never plead guilty just because it feels like the fastest way to end the case — once judgment is entered, the better options are gone.
Probation Before Judgment (PBJ) as One Option
Probation before judgment under Crim. Proc. § 6-220 is the outcome most first-time drivers aim for. You plead guilty or no contest, but the court stays the judgment and places you on probation instead of convicting you. Finish probation and no conviction is entered — no 12-point criminal-track hit and a much smaller record and insurance impact. It is powerful, but it is one option among several, not a guarantee.
The single biggest limit is the 10-year bar in § 6-220(f)(1): a court may not grant PBJ for a § 21-902 offense if, within the preceding 10 years, you were convicted of — or already received a PBJ for — a § 21-902 offense. The clock runs from the prior disposition to the date of the new offense. PBJ is also discretionary, so even an eligible driver has to earn it with a clean record and solid preparation. And a PBJ for a DUI carries a far longer expungement wait than an ordinary PBJ; some DUI dispositions cannot be expunged at all. For the full mechanics — conditions, expungement, and how judges decide — see my PBJ deep-dive for DUI cases. When PBJ is off the table, my page on second and subsequent DUI offenses explains what the options look like.
A good plea does not automatically save your license. Your DUI runs on two separate tracks. The plea you negotiate resolves the criminal case, but the MVA runs its own administrative action against your license under Transp. § 16-205.1. You are handed a 45-day temporary license at the stop, and you must request an MVA hearing within 10 days to preserve every option. A PBJ or a DWI reduction in court does not stop that clock. Handle both tracks — see the MVA per se hearing.
How Do I Decide Which Plea to Pursue?
Start with the evidence. If the stop, the field tests, or the chemical result is legally vulnerable, that weakness drives the whole strategy — it argues for fighting the case and gives you leverage to negotiate a reduction or a PBJ. If the evidence is strong, the focus shifts to mitigation: getting the alcohol evaluation done, starting any recommended treatment, and organizing a credible story before the court date.
Then check eligibility and stakes. Is a PBJ even available, or does a prior alcohol disposition within 10 years bar it? Does a high BAC, an accident, or a commercial license change the priorities? A first offense with clean facts is a very different decision from a repeat case. For the numbers you are weighing, see first-offense DUI penalties in Maryland and how a conviction lands on Maryland’s point system. The whole picture starts on my Maryland DUI lawyer overview and the DUI and DWI knowledge hub.
The through-line: the best plea outcomes go to cases prepared for them. Walking into court unprepared is the most common reason a PBJ-eligible case ends in a conviction that preparation would have avoided. Talk to a lawyer well before your court date.
No. To receive a PBJ you first plead guilty or no contest and the court finds facts to support guilt, then stays the judgment and places you on probation instead of convicting you. A not-guilty plea sends the case to trial, where the State must prove the charge beyond a reasonable doubt.
Yes, through plea negotiation. A reduction from DUI under Section 21-902(a) to DWI under Section 21-902(b) lowers the exposure from 12 points and up to 1 year in jail to 8 points and up to 2 months. It is one of the most common negotiated outcomes, and it can be combined with a PBJ.
A DUI is a must-appear charge, not a payable ticket, so there is no fine to prepay. You must answer the charge in court, where your plea decision determines the outcome. A separate MVA administrative case also runs against your license and must be handled on its own timeline.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. § 21-902; Transp. § 16-205.1; Crim. Proc. § 6-220; Cts. & Jud. Proc. § 10-307. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.