Quick answer: A Maryland DUI charge is really two cases at once. There is the criminal case under Transp. § 21-902 — the more serious DUI under subsection (a) or the lesser DWI under subsection (b) — and a completely separate Motor Vehicle Administration action against your license. The MVA case moves fast: you get a 45-day temporary license at the stop and only 10 days to request the hearing that protects your driving. Miss that window and you can lose your license before you ever see a judge.
I’m David Waranch, and I’ve handled thousands of Maryland traffic and DUI cases across the state’s district and circuit courts. Below is how the charges, the BAC numbers, and the two tracks actually work.
What Is the Difference Between a DUI and a DWI in Maryland?
Maryland does not have one drunk-driving offense. Section 21-902 creates two. A DUI (driving under the influence) under § 21-902(a) is the serious charge — it applies when you are actually under the influence of alcohol or when your alcohol concentration is 0.08 or more (“per se”). A DWI (driving while impaired) under § 21-902(b) is the lesser charge for a lower degree of impairment, often built on the officer’s observations rather than a high test number.
The distinction matters because it drives everything else: the maximum penalty, the points, and how much room there is to negotiate. Prosecutors frequently charge DUI and DWI together and a common, valuable outcome is getting a DUI reduced to a DWI. For a full breakdown of what a first arrest looks like, see first-offense DUI penalties in Maryland.
| Charge | First offense max | Second offense max | Points |
|---|---|---|---|
| DUI — § 21-902(a) | 1 year jail / $1,200 fine | 2 years / $2,400 (mandatory 5-day minimum) | 12 |
| DWI — § 21-902(b) | 2 months jail / $500 fine | 1 year / $500 | 8 |
How Does Maryland Use Your BAC Number?
Your breath or blood result does not automatically decide the case. Under Cts. & Jud. Proc. § 10-307, the number sets a legal presumption, and there is a ladder:
- 0.05 or less — the law presumes you were not under the influence and not impaired.
- 0.07 up to 0.08 — prima facie evidence of DWI (driving while impaired).
- 0.08 or more — you are “per se” under the influence, enough for the DUI charge on the number alone.
- 0.15 or more — triggers the toughest administrative track, where ignition interlock is the only way to keep driving.
Between 0.05 and 0.07 the number raises no presumption either way. Because these thresholds are so specific, how the test was administered, whether the machine was maintained, and the timing of the sample all become fair game.
Why a DUI Is Really Two Separate Cases
The single most misunderstood thing about a Maryland DUI is that it splits into two parallel proceedings that do not talk to each other:
- The criminal case — in District Court (or Circuit Court on a jury demand), where a judge decides guilt and any jail, fine, probation, and points under § 21-902.
- The MVA administrative case — a civil action against your license under Transp. § 16-205.1, decided by an administrative law judge, entirely independent of the criminal outcome. The statute says so directly: the disposition of the criminal charges “may not affect any suspension imposed under this section.”
You can win one and lose the other. That is why both fronts have to be defended from day one.
The MVA Deadline: 45-Day Temporary License, 10 Days to Act
When you drive in Maryland you are deemed to have consented to a breath or blood test. If you take the test and blow 0.08 or more, or you refuse it, the officer confiscates your Maryland license on the spot, serves you a suspension order, and hands you a 45-day temporary paper license.
That paper is a countdown. To fight the suspension you must request a hearing before the Office of Administrative Hearings. Request it at the time of the stop or within 10 days and you preserve every option and keep driving until the hearing. You have up to 30 days to request at all, but a request made after day 10 does not extend your 45-day temporary license — so the practical deadline is 10 days. Learn what the hearing decides on the Maryland DUI MVA per se hearing page, and think hard before turning down the test — the trade-offs are covered in can you refuse a breathalyzer in Maryland.
You cannot just pay a DUI and be done. DUI and DWI are “must-appear” charges — there is no fine to prepay and no ticket to mail in. You have a mandatory court date, and doing nothing about the separate MVA notice is how people lose their license by default. Both cases require an actual response.
How Long Is the License Suspension?
The administrative suspension length turns on your test result or refusal, not on the criminal verdict:
| Result at the stop | First offense | Second/subsequent |
|---|---|---|
| Test 0.08 to under 0.15 | 180 days | 180 days |
| Test 0.15 or more | 180 days | 270 days |
| Refused the test | 270 days | 2 years |
What Is the Ignition Interlock Program?
The Ignition Interlock System Program lets you keep driving during a suspension by installing a device that tests your breath before the engine will start. For a first test result of 0.08 to 0.14, you can elect one year of interlock instead of requesting a hearing. For a result of 0.15 or more, or a refusal, interlock is not optional — it is the only route to a modified suspension or a restricted license, and the term is one year. On a DUI conviction, the court also imposes interlock as part of the sentence. It is often the difference between driving to work and not driving at all.
Can I Get Probation Before Judgment (PBJ)?
Sometimes. Probation before judgment under Crim. Proc. § 6-220 lets a judge withhold a conviction and place you on probation instead. A PBJ is not a conviction, so it carries no points and keeps a drunk-driving conviction off your record. The catch: § 6-220(f)(1) bars a PBJ for a § 21-902 charge if within the preceding 10 years you were convicted of, or already received a PBJ for, a DUI or DWI. Even a granted PBJ for DUI comes with conditions — an alcohol program, sometimes interlock — and a long 15-year wait before it can be expunged. It is still one of the best outcomes available. PBJ is one of several options; compare them all on the DUI plea options and PBJ page, and see how points work on the Maryland point system overview.
How Does a Maryland DUI Defense Work?
Every defense starts with the facts, in order. Was the stop legal — did the officer have a real reason to pull you over? If not, the evidence that followed can be challenged. Were the field sobriety tests given under fair conditions and by the standardized instructions? Poor lighting, uneven ground, weather, injuries, and medical conditions all skew those tests. Was the breath or blood test done on properly maintained equipment, within the required timing, by a certified operator?
When your account does not match the reports, the video, or the test data, that gap becomes leverage — to suppress evidence, to negotiate a DUI down to a DWI or a non-alcohol disposition, or to win at trial. Commercial drivers face extra exposure because a DUI hits the CDL regardless of the vehicle you were driving; that is its own topic, covered under Maryland DUI and CDLs. For more background across the whole subject, browse the DUI/DWI knowledge hub. The earlier a lawyer is involved, the more of these doors stay open.
Yes. A DUI under Transp. § 21-902(a) is the more serious charge, carrying up to 1 year in jail, a $1,200 fine, and 12 points on a first offense. A DWI under § 21-902(b) is the lesser charge, with up to 2 months in jail, a $500 fine, and 8 points. Reducing a DUI to a DWI is a common and valuable outcome.
Request it at the time of the stop or within 10 days to keep your 45-day temporary license running and preserve every option. You can still request a hearing up to 30 days out, but a request made after day 10 does not extend the temporary license, so treat 10 days as the real deadline.
Often, yes. A court can grant probation before judgment under Crim. Proc. § 6-220 for a first DUI, which means no conviction and no points. But it is barred if you were convicted of or received a PBJ for a § 21-902 offense within the preceding 10 years, and a DUI PBJ carries probation conditions and a 15-year expungement wait.
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; Cts. & Jud. Proc. § 10-307; Crim. Proc. § 6-220. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.