What Are the Penalties for a DUI in Maryland?
Quick answer: A first Maryland DUI carries up to 1 year in jail and a $1,200 fine, plus 12 points — enough to revoke your license on its own. A second carries 2 years and $2,400. But the number that matters most is this: a second DUI within 5 years carries a mandatory minimum of 5 days in jail that a judge cannot suspend. Not “usually won’t.” Cannot.
Almost every Maryland DUI penalty figure you’ll find online is wrong — including the ones that were on this page until recently.
I’m David Waranch. Here are the actual numbers, straight from Md. Code, Transp. § 21-902, with nothing rounded and nothing left out.
The Four Offences, and What Each One Costs
Maryland doesn’t have one drunk-driving offence. It has four, and they live in different subsections of the same statute. Find yours on your citation.
| Charge | First offence | Second offence | Points |
|---|---|---|---|
| DUI — under the influence, or 0.08+ per se · (a)(1) | 1 year · $1,200 | 2 years · $2,400 | 12 |
| DWI — impaired by alcohol · (b)(1) | 2 months · $500 | 1 year · $500 | 8 |
| Drug-impaired driving · (c)(1) | 2 months · $500 | 1 year · $500 | 8 |
| CDS-impaired driving · (d)(1) | 1 year · $1,200 | 2 years · $2,400 | 12 |
Twelve points revokes a Maryland license outright. That’s what a DUI conviction carries — which is why the fight is almost never about the fine.
Two things people get wrong about the thresholds
- DUI does not require a BAC at all. Section 21-902(a)(1)(i) is simply “under the influence of alcohol.” The 0.08 per se route in (a)(1)(ii) is an additional way to prove it — not the only one. You can be convicted of DUI having never taken a test.
- DWI has no BAC threshold either. You’ll read everywhere that DWI is “0.07 to 0.08.” That’s not the offence — it’s an evidentiary presumption. DWI under § 21-902(b) is “impaired by alcohol,” full stop. You can be convicted of DWI at 0.06, or lower, on the officer’s observations alone. Anyone who blew below 0.07 and thinks they’re safe has been badly misinformed.
The Mandatory Minimum Nobody Mentions
If this is your second DUI, this is the most important thing on this page.
Under § 21-902(f), a conviction for DUI within 5 years of a prior DUI conviction carries a mandatory minimum of 5 days in jail. A third or subsequent within 5 years: 10 days minimum.
And subsection (f)(6) says those penalties “are mandatory and are not subject to suspension or probation.”
The judge cannot suspend it. A good character reference cannot reach it. Completing treatment in advance cannot reach it. The only way to avoid it is not to be convicted — which means the case has to be fought properly from day one rather than negotiated on the courthouse steps.
Repeat Offences: The Real Ceiling
The “third offence = 3 years” figure that circulates online is wrong, and it understates the danger badly. What the statute actually provides:
| Prior convictions | Maximum |
|---|---|
| Two priors (§ 21-902(h)) | 5 years · $5,000 |
| Three or more priors (§ 21-902(i)) | 10 years · $10,000 |
Note also that priors cross-count. A prior DWI, drug-DUI or CDS-DUI counts as a prior for enhancing a DUI, and vice versa. And an out-of-state conviction that would be a § 21-902 offence here counts too.
Three Things That Get Added On Top
- Refusing the breath test. Section 21-902(g) adds a further 2 months and $500 if you’re convicted and the trier of fact finds you knowingly refused. But the State’s Attorney must serve notice of the alleged refusal at least 5 days before your District Court trial — and I check that deadline in every refusal case.
- A minor in the car. Every one of the four offences has an aggravated version for transporting a minor. A first DUI with a child in the car: 2 years and $2,000.
- Everything the court can attach. Probation, alcohol assessment and treatment, a victim impact panel, and an ignition interlock requirement.
The Penalties You Get Even If You Beat the Charge
Everything above is the criminal case. There is a second one, and it runs on its own track with its own clock.
The MVA moves against your license independently of the court. Your paper license is good for 45 days. You have 10 days from the notice to request a hearing — and if you don’t, the suspension is automatic:
| Result | First | Second |
|---|---|---|
| BAC 0.08 – 0.14 | 180 days | 180 days |
| BAC 0.15 or higher | 180 days | 270 days |
| Refused the test | 270 days | 2 years |
Refusing is punished more harshly than blowing a 0.14. People refuse believing it protects them; on the MVA side it usually does the opposite. More on the MVA hearing and how to fight the suspension.
So What Actually Happens on a First DUI?
Honestly? For a genuine first offence, no accident, no injuries, a cooperative defendant — jail is not the usual outcome, whatever the statutory maximum says. The realistic fight is over whether you end up with a conviction at all.
That’s what a probation before judgment does: no conviction, no 12 points, and you can truthfully say you’ve never been convicted of a crime. It is the outcome I’m usually aiming at, and it’s available for a first offence.
What I won’t tell you is that it’s automatic. It’s discretionary, it has to be argued for, and you only get one within ten years.
Related Questions
- Maryland DUI and DWI laws, explained
- What a PBJ is — and what it doesn’t protect
- How long is your license suspended after a Maryland DUI?
Frequently Asked Questions
How much is the fine for a first DUI in Maryland?
Up to $1,200, plus up to a year in jail. You’ll see $1,000 quoted almost everywhere — it’s out of date.
Will I go to jail for a first DUI?
It’s possible, but for a genuine first offence with no accident and no injuries it isn’t the usual outcome. Where jail becomes unavoidable is a second DUI within five years, which carries a mandatory minimum the judge has no power to suspend.
How many points is a DUI in Maryland?
12 — which is the revocation threshold on its own. A DWI is 8, which is the suspension threshold. This is why avoiding the conviction matters far more than the fine.
I blew under 0.08. Am I safe?
No. DWI has no BAC threshold — it’s “impaired by alcohol,” and it can be proven on the officer’s observations. A reading of 0.07 or even lower does not end the case, and people who assume it does often plead to something they could have beaten.
What’s the penalty for a third DUI?
With two prior convictions: up to 5 years and $5,000. With three or more: up to 10 years and $10,000. The “3 years / $3,000” figure that circulates online is simply wrong.
Take Action
If you were arrested recently, don’t wait for your court date. The MVA clock is 10 days, and it does not care that your trial is months away.
Call me and I’ll tell you honestly where you stand — including if the answer is that you’re in better shape than you think.
Toll-free 1-877-566-2408. Free consultation. Hablamos Español. More on how I defend Maryland DUI charges.
Last updated: July 2026