Maryland · DUI · Checked October 2026

DUI Laws in Maryland

What Happens if You Get a DUI in Maryland?

Maryland calls it DUI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 10 days to challenge your license suspension
First offense jail: Up to 1 year for DUI (under the influence or 0.08 or more); up to 2 months for DWI (impaired by alcohol)
First offense fine: Up to $1,200 for DUI; up to $500 for DWI
First offense license: DUI conviction: 12 points, which means license revocation (first revocation: reinstatement possible 6 months after the license is surrendered); DWI conviction: 8 points, which means suspension of up to 6 months
Felony: The impaired-driving statute grades every DUI and DWI as a misdemeanor, even for repeat offenders: up to 5 years with two prior convictions and up to 10 years with three or more prior convictions or a prior impaired-driving homicide or life-threatening injury conviction

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Maryland DUI Laws: Key Facts

Legal limit (adults): 0.08 BACMd. Code, Transp. § 11-174.1(a); § 16-812(a)(4); § 16-113(b), (j); § 16-205.1(b)(1)(i)
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (every licensee under 21 carries an alcohol restriction that prohibits driving with alcohol in the blood)
Enhanced penalties from: 0.15 BAC
Lookback period: 5 years

Maryland DUI Penalties by Offense

DUI penalties in Maryland for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor	misdemeanor	misdemeanor
Jail	up to 1 year for DUI (under the influence or 0.08 or more); up to 2 months for DWI (impaired by alcohol)	up to 2 years for DUI, with a mandatory minimum of 5 days if within 5 years of a prior DUI; up to 1 year for DWI	up to 5 years with two prior DUI/DWI convictions (no time limit), with a mandatory minimum of 10 days for a third DUI within 5 years of a prior DUI; up to 10 years with three or more priors
Fine	up to $1,200 for DUI; up to $500 for DWI	up to $2,400 for DUI; up to $500 for DWI	up to $5,000 (up to $10,000 with three or more priors)
License suspension	DUI conviction: 12 points, which means license revocation (first revocation: reinstatement possible 6 months after the license is surrendered); DWI conviction: 8 points, which means suspension of up to 6 months	DUI conviction: 12 points and revocation (second revocation: reinstatement application after 1 year); DWI within 5 years of the first conviction: suspension up to 12 months	DUI conviction: 12 points and revocation (third revocation: reinstatement application after 18 months); three or more alcohol- or drug-related driving incidents require an MVA investigation before reinstatement
Ignition interlock	mandatory Ignition Interlock System Program after a DUI or DWI conviction or probation before judgment: 6 months the first time you are required to participate	mandatory Ignition Interlock System Program: 1 year the second time you are required to participate	mandatory Ignition Interlock System Program: 3 years the third or any later time you are required to participate

First offense: Md. Code, Transp. § 21-902(a)(1)(iii), (b)(1)(ii), (g); § 16-402(a)(29), (40); § 16-404(a)(3), (c)(2); § 16-208(b)(2); § 16-404.1(d)(1), (3); § 27-101(a) · Second offense: Md. Code, Transp. § 21-902(a)(1)(iii)2, (b)(1)(ii)2, (f)(2)(i), (f)(4); § 16-113(g)(1); § 16-208(b)(3); § 16-404(c)(2)(iii); § 16-404.1(d)(3) · Third offense: Md. Code, Transp. § 21-902(f)(2)(ii), (f)(6), (h), (i); § 16-208(b)(4), (b)(7); § 16-404.1(d)(3)(iii)

When Penalties Are Higher

transporting a minor while DUI: first offense up to 2 years and $2,000; second up to 3 years and $3,000Md. Code, Transp. § 21-902(a)(2)
transporting a minor while DWI (impaired by alcohol): first offense up to 1 year and $1,200; second up to 2 years and $2,400Md. Code, Transp. § 21-902(b)(2)
knowingly refusing a test, found beyond a reasonable doubt with prior notice from the State's Attorney: additional up to 2 months jail and $500 fine; DWI with refusal also requires 1 year in the Ignition Interlock System ProgramMd. Code, Transp. § 21-902(g); § 21-902.3(b)
test result of 0.15 or more: longer administrative suspension on a second offense (270 days) and modification or a restricted license only through 1 year in the Ignition Interlock System ProgramMd. Code, Transp. § 16-205.1(b)(1)(i)2, (p)
DUI with three or more prior DUI/DWI convictions, or a prior conviction for homicide or life-threatening injury by motor vehicle while impaired: up to 10 years and $10,000Md. Code, Transp. § 21-902(i)

More on Maryland DUI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

administrative suspension of 270 days for a first refusal and 2 years for a second or later refusal; a modified suspension or restricted license is available only through 1 year in the Ignition Interlock System Program; if convicted and the refusal is proven, up to 2 more months jail and a $500 fineMd. Code, Transp. § 16-205.1(a)(2), (b)(1)(i)5, (p); § 21-902(g)

Official source: if you refuse a breath or blood test in Maryland

Getting a Restricted License

for a 0.08 to under 0.15 test result without electing interlock, the MVA may modify the suspension or issue a restricted license if you must drive for work, have no other way to work, need to reach alcohol treatment, medical care for you or your immediate family, or school; after a refusal or a 0.15 or higher result, a restricted license requires 1 year in the Ignition Interlock System Program

Official source: getting a restricted license in Maryland

Ignition Interlock

First offense: yes: a DUI or DWI conviction or probation before judgment requires participation in the Ignition Interlock System Program (6 months the first time required) Repeat offenses: 1 year the second time required, 3 years the third or later time; courts may order longer the MVA issues an interlock-restricted license; administrative elections run 180 days for 0.08 to 0.14, 1 year for 0.15 or more or a refusal; completion requires 3 consecutive violation-free months before release; fees are waived for indigent participants

Official source: ignition interlock in Maryland

Can a DUI Come Off Your Record?

a probation before judgment for DUI or DWI can be expunged; a probation before judgment for driving impaired by drugs or a controlled dangerous substance cannot Waiting period: 15 years after discharge from probation for a DUI or DWI probation before judgment the petition is barred if, within 15 years of the probation before judgment, you were convicted of or received probation before judgment for another impaired-driving offense

Official source: can a dui come off your record? in Maryland

Drivers Under 21

drivers under 21 have a license alcohol restriction that bars driving with any alcohol in the blood up to 2 months jail or a $500 fine; the MVA may also suspend or revoke the license, and a violation can require Ignition Interlock System Program participation

Official source: drivers under 21 in Maryland

Driving After Using Drugs

yes, in the same statute: driving so far impaired by any drug or drugs and alcohol that you cannot drive safely (§ 21-902(c)), and driving impaired by a controlled dangerous substance you are not entitled to use (§ 21-902(d), punished like DUI)

Official source: driving after using drugs in Maryland

More on DUI Law in Maryland

For the state's own guidance, see Maryland MVA: Driving Under the Influence (DUI).

This page summarizes Maryland law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Maryland can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DUI in Maryland?

Jail: up to 1 year for DUI (under the influence or 0.08 or more); up to 2 months for DWI (impaired by alcohol). Fine: up to $1,200 for DUI; up to $500 for DWI. License suspension: DUI conviction: 12 points, which means license revocation (first revocation: reinstatement possible 6 months after the license is surrendered); DWI conviction: 8 points, which means suspension of up to 6 months.

How Long Do You Have to Request a License Hearing in Maryland?

10 days. How it is counted: the date the order of suspension is issued (usually the arrest date, when the officer serves it); a request within 10 days keeps your 45-day temporary license valid until the hearing, and a request made from day 11 through day 30 still gets a hearing but does not extend the temporary license. A written request to the Motor Vehicle Administration, with surrender of the license, at the time of the order or within 10 days (or within 30 days without a stay); instead of a hearing you may elect in writing to join the Ignition Interlock System Program. If you miss it, the suspension usually takes effect automatically.

When Is a DUI a Felony in Maryland?

the impaired-driving statute grades every DUI and DWI as a misdemeanor, even for repeat offenders: up to 5 years with two prior convictions and up to 10 years with three or more prior convictions or a prior impaired-driving homicide or life-threatening injury conviction