Quick answer: A first-offense DUI in Maryland under Transp. § 21-902(a) carries up to 1 year in jail, a fine up to $1,200, and 12 points on your driving record. A first DWI under § 21-902(b) is lighter: up to 2 months, a $500 fine, and 8 points. On top of the criminal case, the MVA runs a separate license suspension, and you have only 10 days after the stop to protect your right to drive. Most first offenders with a clean record aim for probation before judgment, which avoids a conviction entirely.
I’m David Waranch, and I’ve handled thousands of Maryland DUI and traffic cases. A first offense is rarely as light as people hope or as bad as they fear, so here is where the real risk sits.
First-Offense DUI vs. DWI Penalties in Maryland
Maryland charges two separate drunk-driving offenses with very different penalties. DUI (driving under the influence) is the more serious charge, for a breath or blood alcohol concentration of 0.08 or higher or proof you were actually under the influence. DWI (driving while impaired) is the lesser charge for a lower degree of impairment. I break down the line between them in DUI vs. DWI in Maryland.
| First offense | DUI — § 21-902(a) | DWI — § 21-902(b) |
|---|---|---|
| Maximum jail | 1 year | 2 months |
| Maximum fine | $1,200 | $500 |
| Points on your record | 12 | 8 |
| BAC trigger | 0.08 or higher (per se) | impaired to a lesser degree |
| PBJ possible (no § 21-902 in past 10 years) | Yes | Yes |
The points matter as much as the fine. A DUI conviction adds 12 points and a DWI adds 8, and 12 points alone is enough to trigger license revocation. See Maryland’s point system for how the thresholds work.
How Much Jail and Fine Do I Face for a First DUI?
The statutory maximum for a first DUI is one year in jail and a $1,200 fine, plus court costs, but the maximum is not the norm. Active jail is unusual for a genuine first offense with no accident, though it stays in the judge’s discretion, and certain facts push a case toward the harsher end fast:
- A BAC of 0.15 or higher, which also changes the license and interlock consequences below;
- An accident, especially one causing injury;
- A child under 16 in the car, which raises the first-offense maximum to 2 years and a $2,000 fine under § 21-902(a)(2);
- A test refusal combined with other evidence of impairment; or
- Especially dangerous driving during the stop.
Any of these can turn a routine first DUI into a case with real jail exposure; see will I go to jail for driving drunk in Maryland.
Will the MVA Suspend My License Before Court?
Yes, and this catches most first offenders off guard. A DUI arrest sets off two proceedings on separate tracks: the criminal case decides guilt and the penalties above, while the MVA administrative case under Transp. § 16-205.1 decides your license on its own schedule, regardless of how the criminal case turns out.
For a first offense, the typical suspension is 180 days for a test result of 0.08 to under 0.15, and 270 days for a refusal. At the stop, the officer takes your license and issues a 45-day temporary paper one. From that moment the clock is running:
- 10 days — request an MVA hearing within 10 days and your temporary license stays valid through the hearing date. This is the deadline that protects your ability to drive in the meantime.
- 30 days — the outer limit to request a hearing at all. Ask between days 11 and 30 and you still get a hearing, but the temporary license lapses at 45 days and the suspension starts before you ever appear.
Instead of a suspension, most first offenders can enroll in the Ignition Interlock Program to keep driving; after a refusal or a 0.15 result, interlock is the only way to stay on the road. For what the hearing involves, read the Maryland DUI MVA per se hearing, and on the test itself, can you refuse a breathalyzer in Maryland.
Two cases, not one. The costliest first-offense mistake is treating the DUI as a single court date. The MVA license suspension is separate from the criminal charge, and its clock starts at the stop, not at trial. Miss the 10-day window to request a per se hearing and you can lose your license before a judge ever hears the criminal case.
Do I Have to Install an Ignition Interlock?
Often, yes. An ignition interlock requires a clean breath sample before the engine starts and at intervals while you drive. Maryland’s Noah’s Law made it mandatory for many DUI convictions, and it is also the practical alternative to a flat suspension on the administrative side.
For a first DUI at 0.08 or higher, interlock generally runs 6 months; at 0.15 or higher, or after a refusal, it is 1 year. You pay for installation, monthly leasing, and removal, usually a few hundred to well over a thousand dollars across the term.
Can I Get a PBJ on a First-Offense DUI?
Usually, if it is a true first offense. Probation before judgment under Crim. Proc. § 6-220 lets the court withhold a conviction and place you on probation instead. Complete it and the charge is not a conviction, so it carries no license points, and in most settings you can say you were not convicted.
There is a firm eligibility bar. Under § 6-220(f)(1), a court cannot grant a PBJ for a § 21-902 offense if, within the preceding 10 years, you were convicted of or already received a PBJ for one. A first-time driver with no prior alcohol case clears that bar. A PBJ is not automatic, though: the judge sets conditions that for a DUI must include an alcohol program and may include interlock, and a § 21-902 PBJ carries a 15-year wait before it can be expunged. It is still far better than a conviction. I go deeper in PBJs for drunk-driving cases and compare every route in DUI plea options and PBJ in Maryland.
What Probation and Long-Term Costs Come With a First Offense?
Most first-offense cases end with probation. Typical conditions include an alcohol evaluation and any recommended treatment, a Victim Impact Panel, no new alcohol-related offenses, interlock compliance, and payment of fines and costs. Violating them can bring back the suspended jail time, so probation is not a formality.
The bigger costs are the ones the statute never lists. A DUI conviction can raise insurance for three to five years, often more than the fine, and some carriers decline to renew. It shows up on background checks, matters most in safety-sensitive fields, and can even complicate travel to Canada. Commercial drivers face the steepest fallout, covered in how a Maryland DUI affects a CDL. A PBJ or a reduction to DWI softens most of this.
How Do I Get the Best Outcome on a First DUI?
Three moves matter early. First, calendar the 10-day MVA deadline the day of the stop; it is the most time-sensitive issue in the case. Second, get the alcohol evaluation done and start any recommended program before court, because a driver who already takes the matter seriously presents very differently to a judge weighing a PBJ. Third, have the evidence reviewed: breath-test calibration, officer certification, field-sobriety administration, and the basis for the stop are all fair game, and problems there shape plea talks.
Handled early, a first DUI is one of the most workable cases in traffic court, often ending in a PBJ or a reduction to DWI. For the full overview, start with the Maryland DUI lawyer page or the complete Maryland DUI and DWI guide.
A first-offense DUI is a misdemeanor in Maryland. It still carries up to 1 year in jail, a fine up to $1,200, and 12 points, but it is not a felony for a first offense with no aggravating facts.
The MVA can suspend your license separately from the criminal case, typically 180 days for a first offense at 0.08 to under 0.15 and 270 days for a refusal. You must request an administrative hearing within 10 days of the stop to keep driving in the meantime, and the Ignition Interlock Program is usually available as an alternative to suspension.
A DUI conviction generally cannot be expunged. If you receive probation before judgment for a first offense, that disposition can be expunged, but only after a 15-year waiting period, which is one reason avoiding the conviction from the start matters so much.
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 (DUI/DWI penalties), § 16-205.1 (administrative per se suspension), § 16-402 (point assessments); Crim. Proc. § 6-220 (probation before judgment). This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.