Maryland takes drunk driving very seriously. The state has passed several new laws recently that make penalties stricter than ever before.
This guide explains Maryland’s DUI and DWI laws in simple terms. You’ll learn what the charges mean, what happens if you’re convicted, and what rights you have.
What Is a DUI in Maryland?
DUI stands for “Driving Under the Influence.” In Maryland, you can be charged with DUI if your blood alcohol concentration (BAC) is 0.08% or higher. BAC measures how much alcohol is in your blood.
Maryland law also has a second, lesser charge called DWI. DWI stands for “Driving While Impaired.” You can be charged with DWI if your BAC is 0.07%. That’s a lower threshold than most other states.
Both charges are serious crimes. Both can lead to jail, fines, and losing your license.
DUI vs. DWI: What’s the Difference?
Maryland is one of the few states that charges drivers at a BAC of just 0.07%. Most states only charge at 0.08%.
A DUI is the more serious offense. It requires proof that you were substantially impaired or had a BAC of 0.08% or above.
A DWI is a lesser charge. It only requires proof that your ability to drive was impaired to any degree. This includes impairment from legal drugs, prescription medications, or a mix of drugs and alcohol.
Both charges go on your record. Both trigger action against your driver’s license.
Basic DUI Penalties in Maryland
First Offense DUI
A first DUI conviction can mean up to one year in jail. The maximum fine is $1,200 (updated June 1, 2025).
The court may also put 12 points on your driving record. That can trigger license revocation.
Second Offense DUI
A second DUI within five years brings a mandatory minimum of five days in jail. The maximum is two years in jail. The maximum fine is $2,400 (updated June 1, 2025).
Third Offense DUI
A third DUI conviction can mean up to three years in prison. The maximum fine is $3,000. A third offense often requires an alcohol and drug assessment as well.
DWI Penalties in Maryland
First Offense DWI
A first DWI carries up to two months in jail. The maximum fine is $500. The court assesses 8 points on your driving record.
Second or Subsequent DWI
A second or later DWI can lead to up to one year in jail. The maximum fine remains $500.
License Penalties
Suspension vs. Revocation
A suspension is temporary. Your license is taken away for a set period. A revocation means your license is canceled entirely. You must reapply to get it back.
When you’re arrested for DUI, your physical license is confiscated. You receive a temporary paper license valid for 45 days.
How Long Can You Lose Your License?
A first DUI conviction can mean up to a six-month license suspension. A second DUI can lead to a revocation of up to one year.
Starting October 1, 2025, a new law requires the MVA to automatically revoke the license of any driver convicted of DWI that contributed to a crash causing death or life-threatening injury. This applies even for first offenses.
Points on Your Record
A DUI conviction adds 12 points to your driving record. Twelve points leads to immediate license revocation. A DWI adds 8 points, which makes you eligible for suspension. Points stay on your record for two years.
Recent Law Changes in Maryland
Maryland has updated its DUI laws several times recently. Here are the most important changes.
June 1, 2025: Higher Fines
As of June 2025, Maryland raised the maximum fines for DUI offenses. First-offense fines went up from $1,000 to $1,200. Second-offense fines went up from $2,000 to $2,400.
October 1, 2025: Mandatory License Revocation
Starting October 2025, the MVA must automatically revoke your license if you are convicted of impaired driving that causes a deadly or life-threatening crash. This applies to DWI charges as well, not just DUI.
October 1, 2024: Ignition Interlock Expansion
In October 2024, Maryland expanded its “Noah’s Law.” Noah’s Law is named after Officer Noah Leotta, a police officer killed by a drunk driver in 2015.
Under the new rules, all DUI offenders must install an ignition interlock device. This includes first-time offenders who receive probation. Previously, some first-time offenders could avoid this requirement.
October 2024: DUI Expungement Now Possible
Before 2024, DUI records could not be expunged unless the case was dismissed. Now, if you received Probation Before Judgment (PBJ) and 15 years have passed since probation ended, you may be able to expunge your record. This applies only to alcohol-related DUI charges, not drug-related ones.
The Ignition Interlock Device
An ignition interlock device (IID) is a breathalyzer connected to your car’s ignition. Your car won’t start if your breath shows any alcohol above 0.025%.
Under Noah’s Law, you must install an IID if you are convicted of DUI or DWI, refuse a breath test, or have a BAC of 0.15% or higher.
The duration of the interlock requirement depends on how many offenses you have:
- First offense: 6 months
- Second offense: 1 year
- Third or more: 3 years
You must pay for installation and monitoring yourself. Maryland offers assistance programs for those who cannot afford the cost.
Special Circumstances: Higher Penalties
DUI With a Minor in the Car
If you are driving impaired with a passenger under 18, the penalties increase sharply. A first-offense DUI with a minor raises the maximum to 2 years in jail and a $2,000 fine. A second offense can mean up to 5 years in prison and a $5,000 fine.
High BAC (0.15% or Higher)
A BAC of 0.15% or higher triggers mandatory participation in the ignition interlock program. It can also increase the penalties you face at sentencing.
Drug-Impaired Driving
It is illegal to drive while impaired by any drug. This includes illegal drugs, prescription medications, and over-the-counter drugs. The penalties are the same as alcohol-related DWI charges.
Commercial Driver’s License (CDL) Holders
CDL drivers face stricter rules. You can lose your CDL if your BAC is 0.04% or higher. That’s half the limit for regular drivers. A CDL suspension or disqualification can end your career.
Drivers Under 21
Maryland has a zero-tolerance policy for underage drivers. If you are under 21, you can be charged with DWI if your BAC is just 0.02%. A DUI charge applies at 0.08% or higher, the same as adults.
Refusing a Breath Test
You have the right to refuse a breath test. But refusing comes with automatic consequences.
If you refuse, your license will be suspended. Your refusal can also be used against you in court. Officers can arrest you for DUI based on other evidence even without a breath test result.
If you have an alcohol restriction on your license (due to a prior offense), you must take the test when asked. Refusing triggers additional sanctions.
What Happens After a DUI Arrest
After a DUI arrest, two separate processes begin at the same time.
Criminal Court Case
The criminal case determines whether you are guilty. Penalties like fines, jail time, and probation come from this process.
MVA Administrative Case
The Maryland Motor Vehicle Administration (MVA) handles your license separately. The MVA can suspend or revoke your license regardless of how the criminal case turns out.
You have 10 days from the traffic stop to request an MVA hearing to prevent your license from being automatically suspended. If you wait until 30 days, the suspension begins on day 46 even while a hearing is pending.
Probation Before Judgment (PBJ)
Many first-time offenders qualify for Probation Before Judgment (PBJ). A PBJ is not a conviction under Maryland law. If you complete probation, the offense does not go on your criminal record.
A PBJ can protect your job, insurance rates, and professional licenses. However, since October 2024, even those on PBJ must install an ignition interlock device.
A PBJ still counts as a prior offense if you are later charged with another DUI.
How to Protect Your Rights After a DUI Arrest
If you are arrested for DUI, there are steps you can take to protect yourself.
Stay calm and be polite to the officer. Provide your license, registration, and proof of insurance. Do not argue or make statements about what you drank.
Request an MVA hearing within 10 days to protect your driving privileges. Gather all your charging documents, including the DR-15 Advice of Rights form.
Contact a criminal defense attorney as soon as possible. A lawyer can challenge the stop, question the accuracy of the breath test, and help you navigate both the criminal and MVA processes.
Frequently Asked Questions
What is the legal BAC limit in Maryland?
For most drivers, the limit is 0.08% for DUI and 0.07% for DWI. For drivers under 21, the DWI limit is as low as 0.02%.
Can I refuse a breathalyzer test in Maryland?
Yes, but your license will be suspended as a result. Your refusal can also be used as evidence against you in court.
Will a DUI stay on my record forever in Maryland?
Not necessarily. Since October 2024, first-time offenders who received a PBJ can apply for expungement after 15 years from probation discharge.
Do I have to install an ignition interlock device for a first offense?
Yes. Since October 2024, all DUI and DWI offenders — including first-timers on PBJ — must install an ignition interlock device.
What happens if I get a DUI while a child is in the car?
The penalties increase significantly. A first offense can lead to up to 2 years in jail and a $2,000 fine instead of the standard 1 year and $1,200.
Can I lose my license even if I’m not convicted?
Yes. The MVA can suspend your license administratively, separate from any criminal outcome.
Is a DUI a felony in Maryland?
Most DUI charges are misdemeanors. However, DUI causing death (vehicular homicide while intoxicated) is a felony that can lead to up to 5 years in prison.
Final Thoughts
Maryland DUI laws are strict and getting stricter. Recent changes in 2024 and 2025 have increased fines, expanded ignition interlock requirements, and added mandatory license revocation in some cases.
A DUI or DWI conviction can affect your job, your insurance, and your future. The best way to avoid these consequences is to never drive after drinking.
If you are charged with a DUI, act quickly. Request your MVA hearing within 10 days. Then speak with a qualified Maryland DUI attorney to understand your options.
Note: This article is for informational purposes only and does not constitute legal advice. Laws can change. Consult a licensed Maryland attorney for advice specific to your situation.
References
- Maryland Transportation Article § 21-902 – Maryland’s DUI/DWI statute: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-902
- Maryland MVA – Impaired Driving Laws (Official State Page): https://mva.maryland.gov/drivers/Pages/maryland-impaired-driving-laws.aspx
- Maryland MVA – Ignition Interlock Program: https://mva.maryland.gov/about-mva/Pages/info/26200/26200-14T.aspx
- Maryland People’s Law Library – DUI/DWI: https://www.peoples-law.org/duidwi
- Carey Law Office – October 2025 MVA Revocation Law: https://www.careylawoffice.com/2025/09/26/new-law-effective-october-1-2025-mva-must-revoke-licenses-after-certain-dui-dwi-convictions/
- FrizWoods – New Maryland DUI Fines Effective June 1, 2025: https://frizwoods.com/blog/new-dui-fines-2025-maryland
- Carey Law Office – October 2024 DUI Law Updates (Noah’s Law & Expungement): https://www.careylawoffice.com/2024/11/19/october-2024-updates-to-marylands-dui-dwi-laws/
