Maryland DUI & DWI — a navigable reference to Maryland’s drunk-driving and impaired-driving laws.
Find your question, get the short answer, click through for the full guide.
Jump to a section
- → Penalties at a Glance
- → A. DUI vs. DWI basics
- → B. First-offense DUI
- → C. Repeat & aggravated offenses
- → D. Underage DUI
- → E. Tests: breath, blood, field sobriety
- → F. Stops, checkpoints & rights
- → G. Outcomes: PBJ, expungement, interlock
- → H. License & MVA consequences
- → I. Insurance & employment
- → J. Special DUI scenarios
- → Glossary
Penalties at a Glance
Side-by-side view of the main DUI and DWI charges in Maryland. Penalties reflect statutory maximums for first-offense cases. Your actual outcome can vary substantially based on the facts.
| Charge | Statute | BAC threshold | Max jail | Max fine | Points |
|---|---|---|---|---|---|
| DUI per se | § 21-902(a)(1) | 0.08+ | 1 year | $1,000 | 12 (revocation) |
| DUI (impaired) | § 21-902(a)(2) | Any (impairment-based) | 1 year | $1,000 | 12 (revocation) |
| DWI | § 21-902(b) | 0.07+ | 2 months | $500 | 8 (suspension) |
| Underage DUI/DWI Under 21 |
§ 21-902(b)(2) | 0.02+ | 2 months | $500 | 8–12 |
| Second-offense DUI | § 27-101 | 0.08+ (repeat) | 2 years | $2,000 | 12 (revocation) |
| Third+ offense DUI | § 27-101 | 0.08+ (repeat) | 3–5 years | $3,000–5,000 | 12 (revocation) |
| Breath test refusal | § 16-205.1 | N/A | Administrative | N/A | 270-day suspension (1st) |
Penalties escalate sharply with prior convictions and aggravating factors (minors in the car, accident involvement, very high BAC). Mandatory minimums may apply for repeat offenses.
DUI vs. DWI basics
Maryland uses two separate charges — DUI and DWI — with different BAC thresholds and different penalties. Knowing which one you’re facing is the starting point.
What’s the difference between DUI and DWI in Maryland?
DUI (“driving under the influence”) is the more serious charge: BAC of 0.08+, up to 1 year in jail and 12 points. DWI (“driving while impaired”) is the lesser: BAC 0.07+, up to 2 months in jail and 8 points. Both can also be charged based on impairment regardless of BAC.
What is DUI “per se” in Maryland?
“Per se” means the BAC reading alone proves the offense — no separate evidence of impairment is required. A reading of 0.08+ is automatically DUI per se under § 21-902(a)(1).
Maryland DUI/DWI laws explained
An overview of how Maryland’s impaired-driving statutes work, what officers look for, and how the same incident can lead to multiple charges at once.
First-offense DUI
A first DUI in Maryland is serious — but it’s also where the strongest plea options exist. What happens in the first 30 days often shapes the entire outcome.
First-offense DUI penalties in Maryland
Up to 1 year in jail, up to $1,000 in fines, 12 points (revocation), and possible ignition interlock. Probation Before Judgment (PBJ) is available for many first offenses and avoids a formal conviction.
Will I go to jail for driving drunk in Maryland?
Jail is on the table even for a first offense — but is not the typical outcome for a clean first-offense DUI handled properly. Aggravating factors (high BAC, accident, minors in vehicle) dramatically change the calculus.
Maryland DUI fines explained
Statutory maximums versus what’s actually imposed, court costs, additional surcharges, and the long-term cost of insurance increases — which usually exceed the fine itself.
Penalties for Maryland drunk driving cases
The full ladder of consequences: jail, fines, points, license action, interlock, alcohol education, probation, and collateral effects on insurance and employment.
Repeat & aggravated offenses
Penalties escalate sharply for second and subsequent DUI offenses. Mandatory minimums often apply, and prior plea options narrow significantly.
Second and subsequent DUI offenses in Maryland
A second offense within 5 years carries a mandatory minimum sentence and up to 2 years in jail. Third offenses are felony-eligible with up to 5 years. Plea options are far more limited than for a first offense.
Repeat DUI offenses in Maryland
How Maryland counts priors, the look-back window, and how out-of-state prior convictions can be used to enhance a Maryland charge.
DUI with minors in the car
Maryland enhances DUI penalties when minors under 18 are passengers in the vehicle. The aggravating factor adds mandatory minimums and complicates probation and PBJ options.
Underage DUI
Maryland has a zero-tolerance policy for drivers under 21. The BAC threshold drops to 0.02, and the collateral consequences (college, scholarships, future employment) often exceed the immediate legal penalties.
Underage DUI in Maryland: penalties and consequences
Under-21 drivers are subject to the 0.02 BAC standard. Penalties include suspension, fines, alcohol education, and lasting impacts on college admissions, scholarships, and security clearances.
Under-21 DUI in Maryland: will I go to jail?
Jail is technically available but not typical for first-offense underage DUI. The bigger threats are the license suspension, the conviction record, and the downstream effects on a young person’s future.
Tests: breath, blood, field sobriety
Most DUI cases turn on test evidence — breathalyzer readings, blood draws, and standardized field sobriety tests. Understanding what each one is, and what your rights are around each, is the foundation of any defense.
Can you refuse a breathalyzer in Maryland?
Yes — but refusing carries its own administrative penalty: 270-day license suspension for a first refusal, regardless of whether you’re convicted of DUI. Maryland’s implied-consent law makes refusal a separate consequence.
Should I take the breathalyzer test in Maryland?
A practical breakdown of the trade-off: take the test and risk a high BAC reading, or refuse and accept the automatic suspension. The right answer depends heavily on the specific circumstances.
Refusal of breath tests in Maryland
What the implied-consent law actually says, what the MVA does when you refuse, and how a refusal interacts with the underlying criminal DUI case.
I failed the breath test — how can a lawyer help?
A BAC reading over the limit isn’t the end of the case. Defense angles include challenging the equipment calibration, the officer’s training and procedure, and the chain of custody for the sample.
A word on the Maryland breath test
How Maryland’s breath-testing equipment works, what the readings actually measure, and the recurring procedural issues that come up in real cases.
Standardized field sobriety tests in Maryland
The three SFSTs (HGN, walk-and-turn, one-leg stand) are not as objective as they appear. Each has known failure modes that don’t relate to impairment.
HGN (eye) test basics
The horizontal gaze nystagmus test in detail — what the officer is looking for, what affects the test result besides alcohol, and how it’s challenged in court.
Walk-and-turn test
The walk-and-turn requires the driver to perform under conditions that would challenge a sober person — uneven surface, traffic, anxiety, footwear. Common defense angles.
One-leg-stand test
The third standardized field sobriety test, its scoring, and the medical and physical conditions (back pain, inner ear, weight, age) that produce false positives.
Blood Alcohol Concentration (BAC) in Maryland
How BAC is calculated, the difference between breath-based and blood-based readings, and the legal significance of each threshold in Maryland’s statute.
Can I confer with my attorney before taking a breath test?
Maryland gives drivers a limited right to consult counsel before deciding on the breath test — but the window is short and the procedure matters.
Stops, checkpoints & rights
Every DUI case starts with a stop. What the officer can and can’t do at the roadside often determines whether the case is winnable.
Maryland drunk driving checkpoints
Maryland sobriety checkpoints are legal but subject to specific procedural rules. Defense angles often turn on whether the checkpoint followed its published protocol.
Reasons for being pulled over for DUI in Maryland
The traffic violations and driving behaviors officers cite as grounds for the initial stop — and how the stop’s validity affects everything that follows.
Right to a lawyer in a DUI case
When the right to counsel attaches in a Maryland DUI case, what you can ask for at the roadside, and how to invoke your rights without making the situation worse.
Outcomes: PBJ, expungement, interlock
The end of a DUI case isn’t always a conviction. Maryland offers several outcomes that preserve a clean record or reduce the long-term impact — but each has eligibility rules and trade-offs.
DUI plea options and PBJ in Maryland
Probation Before Judgment (PBJ) suspends entry of conviction in exchange for completing probation. For many first offenses it’s the best realistic outcome — avoiding the points, the insurance hit, and the criminal-record entry.
Maryland DUI PBJ explained
How PBJ works in practice, who’s eligible, what the conditions typically look like, and what happens if probation is violated mid-term.
Can I expunge a Maryland DUI or DWI conviction?
Maryland’s expungement rules for DUI/DWI are narrow. A PBJ is generally expungeable after the waiting period; a conviction is typically not. The exact rules turn on the specific disposition.
Maryland ignition interlock program
How the interlock program works, when it’s mandatory, how long it lasts, and the practical realities of living with an interlock device installed.
DUI license restrictions (restricted/temporary)
The various restricted-license options available after a DUI — work-only licenses, hardship licenses, and interlock-restricted licenses — and how to qualify for each.
Temporary licenses after a DUI
What happens to your physical license at the time of arrest, the temporary paper license you receive, and how the 10-day window to request an MVA hearing works.
License & MVA consequences
A DUI case has two separate tracks: the criminal case in court, and the administrative case with the MVA. They proceed independently — and losing one doesn’t necessarily mean losing the other.
DUI per-se MVA hearing
The MVA holds its own administrative hearing on license suspension separate from the criminal case. You must request it within 10 days or your license suspension takes effect automatically.
My DUI was dropped — can the MVA still suspend my license?
Yes. The MVA’s administrative case proceeds independently of the criminal charge. Even a dismissal or acquittal in court doesn’t automatically restore your license.
Insurance & employment
The collateral consequences of a DUI often outlast the legal penalties. Insurance, employment, professional licenses, and security clearances can all be affected for years.
DUI’s impact on insurance and employment
A DUI conviction can multiply insurance premiums for three to five years, complicate employment in jobs that require driving, and trigger reporting obligations for licensed professionals and federal employees.
The importance of an alcohol assessment for a DUI case
Maryland courts often require an alcohol assessment as a condition of probation or PBJ. Getting it done early and producing a favorable result can substantially shape the outcome.
Special DUI scenarios
Out-of-state drivers, commercial drivers, and drug-related DUIs each face different rules and additional consequences.
Out-of-state driver charged with DUI in Maryland
Maryland reports DUI convictions to most states through the Driver License Compact. A Maryland DUI can trigger home-state license action, insurance increases, and out-of-state probation reporting.
Driving under the influence of drugs in Maryland
DUI applies to controlled substances and even prescription medications, not just alcohol. The evidentiary burden differs and so does the defense approach.
DUI’s effect on a Maryland CDL
For CDL holders, a DUI — even in a personal vehicle — can result in a one-year CDL disqualification on the first offense. The threshold is also lower (0.04 BAC instead of 0.08).
Legal limit for Maryland commercial drivers
Commercial drivers operating a CMV are held to a 0.04 BAC standard rather than 0.08. The lower threshold and harsher CDL-disqualification rules mean the stakes are much higher.
DUI penalties for commercial drivers
How a DUI conviction translates into CDL disqualification, the difference between major and serious violations, and the path to reinstatement after a CDL disqualification.
Glossary of key terms
Definitions used throughout this guide. Statute citations refer to the Maryland Transportation Article.
BAC (Blood Alcohol Concentration)
The percentage of alcohol in the bloodstream, measured directly by blood draw or estimated by breath test. Maryland’s DUI per-se threshold is 0.08; DWI is 0.07.
Breathalyzer / breath test
A device that estimates BAC by measuring alcohol in exhaled air. The reading is admissible in Maryland courts when proper procedure and calibration are documented.
CDL disqualification
Loss of commercial driving privileges following a DUI or other major violation. First-offense DUI typically results in a 1-year CDL disqualification regardless of personal license status.
DUI
Driving Under the Influence (§ 21-902(a)). The more serious of Maryland’s two impaired-driving charges. BAC 0.08+ or impairment-based. Up to 1 year in jail.
DUI per se
DUI charged on BAC reading alone (§ 21-902(a)(1)). A BAC of 0.08+ is sufficient — no separate evidence of impairment required.
DWI
Driving While Impaired (§ 21-902(b)). The lesser of Maryland’s two impaired-driving charges. BAC 0.07+ or impairment-based. Up to 2 months in jail.
Field Sobriety Test (SFST)
The three standardized roadside tests — HGN, walk-and-turn, one-leg stand. Used by officers to develop probable cause for arrest.
HGN test
Horizontal Gaze Nystagmus — the “follow my pen” eye test. Measures involuntary eye jerking, which can be caused by alcohol but also by other factors.
Ignition interlock
A breath-test device installed on a vehicle that prevents starting if alcohol is detected. Often mandatory after a DUI conviction.
Implied consent
Maryland law (§ 16-205.1) under which a driver, by operating a vehicle in Maryland, is deemed to have consented to alcohol testing upon arrest. Refusal triggers automatic license consequences.
MVA hearing
The administrative hearing held by the Maryland Motor Vehicle Administration on license suspension. Separate from the criminal case. Must be requested within 10 days of arrest.
Per se
Legal term meaning “by itself.” A per-se offense is proven by the underlying fact (here, a BAC reading) without need for additional evidence.
Probation Before Judgment (PBJ)
A disposition in which the court suspends entry of conviction in exchange for completing probation. Often the best realistic outcome for a first-offense DUI.
Refusal (breath test)
Declining the post-arrest breath test. Triggers an automatic 270-day license suspension for a first refusal under implied-consent law, separate from any criminal penalty.
Zero tolerance (under 21)
Maryland’s reduced BAC threshold for drivers under 21 — 0.02 instead of 0.08. Any detectable alcohol is enough to support a charge.
Related Guides
This guide is part of the Maryland Traffic Law Knowledge Hub.