Quick answer: A DUI or DWI in Montgomery County triggers two separate cases at once — a criminal case in the District Court in Rockville or Silver Spring, and an administrative case at the Maryland MVA that can suspend your license on its own clock. A first DUI under Md. Code, Transp. § 21-902(a) carries up to 1 year in jail, a $1,200 fine, and 12 points; the lesser DWI charge under § 21-902(b) carries up to 2 months and 8 points. You have just 10 days to protect your license.
I’m David Waranch, a Montgomery County DUI lawyer who has handled thousands of Maryland traffic and alcohol-related cases. I appear regularly for clients in the county’s courts in Rockville and Silver Spring. Here is how a DUI case actually works here and where a defense can change the result.
DUI or DWI? What You Were Actually Charged With
Maryland splits drunk-driving into two charges, both in Md. Code, Transp. § 21-902. DUI — driving under the influence, § 21-902(a) — is the more serious one. It applies when your breath or blood alcohol concentration is 0.08 or more (that is the “per se” version, where the number alone proves the case) or when the officer’s evidence shows you were genuinely under the influence. DWI — driving while impaired, § 21-902(b) — is the lesser charge for a lower degree of impairment, and prosecutors often use it as the reduced plea in a DUI case.
The dividing lines come from the breath-test statute, Cts. & Jud. Proc. § 10-307. A result of 0.05 or less is presumed not impaired. At 0.07 or higher (but under 0.08) the result is prima facie evidence of DWI. At 0.08 or more you are considered under the influence per se — a DUI by the number.
“If at the time of testing a person has an alcohol concentration of 0.08 or more … the person shall be considered under the influence of alcohol per se.” — Cts. & Jud. Proc. § 10-307(g)
A high reading of 0.15 or more does not create a separate crime, but it does push you onto the tougher administrative track at the MVA and usually makes the ignition interlock program the only way to keep driving. For a plain-English walk-through of the two charges statewide, see my Maryland DUI lawyer overview.
What Are the Penalties for a DUI in Montgomery County?
The penalties are set by state law, so a conviction in Rockville carries the same maximums as anywhere in Maryland. What varies is the outcome — and that is where the defense work happens. Here is what § 21-902 authorizes on conviction.
| Charge | First offense | Points | Second offense |
|---|---|---|---|
| DUI — § 21-902(a) | Up to 1 year in jail and/or a $1,200 fine | 12 | Up to 2 years and/or $2,400, with a mandatory minimum 5 days in jail |
| DWI — § 21-902(b) | Up to 2 months in jail and/or a $500 fine | 8 | Up to 1 year and/or $500 |
A few points that catch people off guard. The second-offense penalties kick in when the prior conviction is within 5 years, and that second DUI carries jail time you cannot avoid by paying a fine. Twelve points is enough for the MVA to move toward revoking your license all by itself, separate from anything the judge does. And because DUI and DWI are serious offenses, they are must-appear charges — there is no box to check and no fine to prepay, so no one can honestly tell you to “just pay it and move on.” For how first-time cases really play out, read first-offense DUI penalties in Maryland, and see my Maryland point system guide for how the points stack up.
The Two Cases You Are Fighting: Criminal and MVA
This is the part most people don’t know until it’s almost too late. A DUI arrest starts two completely separate proceedings, and they run on different clocks. The criminal case decides guilt and sentence, and it is heard in the District Court in Rockville or Silver Spring. The administrative case is run by the MVA under Transp. § 16-205.1, and it decides only one thing: whether you keep your license.
If you tested at 0.08 or more, or you refused the test, the officer takes your Maryland license, gives you a 45-day temporary paper license, and serves you with an order of suspension. To fight that suspension you must request an MVA hearing — and if you ask within 10 days of the stop, your temporary license keeps you driving until the hearing. Wait longer (you have up to 30 days to request at all) and the suspension simply takes effect at day 45. The alternative to a suspension is often the Ignition Interlock System Program, which is the standard route for a 0.15-or-higher reading or a refusal.
| MVA action | First offense | Second or subsequent |
|---|---|---|
| Test result 0.08–under 0.15 | 180 days | 180 days |
| Test result 0.15 or more | 180 days | 270 days |
| Refusing the test | 270 days | 2 years |
The 10-day MVA clock runs no matter what happens in court. Even if your criminal charge is later dropped or reduced, the MVA can still suspend your license — the two decisions are independent by law. Miss the 10-day window to request a hearing and you lose the best protection for your license before you ever see a judge. If your license matters to you, treat that deadline as the first emergency, not the criminal date.
We handle both sides in parallel — the courtroom and the licensing agency. If you want the detail on the administrative side, see Montgomery County MVA hearings, and if a refusal is part of your case, can you refuse a breathalyzer in Maryland explains what that decision actually costs.
Where Montgomery County DUI Cases Are Heard
Most Montgomery County DUI and DWI cases start in the District Court, which sits in Rockville with a second location in Silver Spring. If you request a jury trial or the case is appealed, it moves to the Circuit Court for Montgomery County in Rockville. The stops themselves tend to cluster on the same roads: I-270 running northwest toward Frederick, the Capital Beltway (I-495) along the southern edge of the county, US-29 (Columbia Pike) through the east side, and MD-355 (Rockville Pike) up the middle.
Knowing how the local prosecutors and judges handle DUI cases — which reductions they will consider, how they treat a clean record, what they expect on treatment and mitigation — is a real part of getting a workable result. If your matter is broader than the DUI charge, my Montgomery County traffic lawyer page covers the rest, and commercial drivers should read Montgomery County CDL violations, because a DUI reaches a CDL even when you were in your personal car.
How a Montgomery County DUI Lawyer Defends Your Case
A DUI charge is not a conviction, and there is usually more to challenge than the police report suggests. I look at whether the stop was lawful, whether field sobriety tests were given the way NHTSA requires, whether the breath device was properly calibrated and the operator certified, and whether the bodycam and dashcam footage actually matches what the officer wrote. Any one of those can move a case from a DUI to a dismissal, a reduction to DWI, or a not-guilty verdict.
Probation before judgment (PBJ) is one of the most valuable outcomes because it is not a conviction — no points, and it keeps the DUI off your record if you complete the terms. But it is not automatic. Under Crim. Proc. § 6-220(f)(1), a court may not grant PBJ for a § 21-902 offense if you were convicted of, or already received a PBJ for, a DUI or DWI within the previous 10 years. When PBJ is available it usually comes with conditions — an alcohol program, sometimes interlock — and it carries a long wait before the record can be expunged. For the full picture of your options, see DUI plea options and PBJ in Maryland. The earlier you call, the more of these doors are still open.
Montgomery County DUI FAQ
Request it within 10 days of the stop to keep your temporary license valid until the hearing. You have up to 30 days to request a hearing at all, but a request after 10 days does not extend the 45-day temporary license, so the suspension can take effect while you wait.
DUI under Transp. 21-902(a) is the more serious charge, for a 0.08 or higher result or actual influence, and a first offense carries up to 1 year in jail, a $1,200 fine, and 12 points. DWI under 21-902(b) is for a lesser degree of impairment and a first offense carries up to 2 months and 8 points.
Sometimes. A court cannot grant PBJ for a 21-902 offense if you were convicted of or already received a PBJ for a DUI or DWI within the previous 10 years, under Crim. Proc. 6-220(f)(1). When it is available, PBJ avoids a conviction and points but usually comes with an alcohol program and other conditions.
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 and 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.