Maryland · DUI · Checked October 2026

Maryland DUI Penalties: First, Second and Third Offense

Maryland DUI Penalties: What Are the Rules?

Maryland sets DUI penalties by offense, and they rise with each conviction.

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
Lookback period
5 years

Maryland DUI Penalties by Offense

DUI penalties in Maryland
PenaltyFirst offenseSecond offenseThird offense
Chargemisdemeanormisdemeanormisdemeanor
Jailup 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 DWIup 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
Fineup to $1,200 for DUI; up to $500 for DWIup to $2,400 for DUI; up to $500 for DWIup to $5,000 (up to $10,000 with three or more priors)
License suspensionDUI 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 monthsDUI conviction: 12 points and revocation (second revocation: reinstatement application after 1 year); DWI within 5 years of the first conviction: suspension up to 12 monthsDUI 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 interlockmandatory Ignition Interlock System Program after a DUI or DWI conviction or probation before judgment: 6 months the first time you are required to participatemandatory Ignition Interlock System Program: 1 year the second time you are required to participatemandatory Ignition Interlock System Program: 3 years the third or any later time you are required to participate

Other First Offense Penalties in Maryland

  • a test refusal found by the trier of fact adds up to 2 months jail and a $500 fine
  • Alcohol Education Program may be required before reinstatement

Official source: other first offense penalties (Maryland)

Other Second Offense Penalties in Maryland

  • a second DUI within 5 years requires a comprehensive alcohol abuse assessment and any recommended treatment
  • two or more DUI/DWI convictions within 5 years bring a 3-year no-alcohol license restriction

Official source: other second offense penalties (Maryland)

Other Third Offense Penalties in Maryland

  • mandatory jail minimums cannot be suspended or replaced with probation

Official source: other third offense penalties (Maryland)

When Penalties Are Higher in Maryland

  • transporting a minor while DUI: first offense up to 2 years and $2,000; second up to 3 years and $3,000
  • transporting a minor while DWI (impaired by alcohol): first offense up to 1 year and $1,200; second up to 2 years and $2,400
  • 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 Program
  • 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 Program
  • 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 $10,000

Official source: when penalties are higher (Maryland)

When a DUI Is 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 convictionMd. Code, Transp. § 21-902(h), (i); § 27-101(a)

Official source: when a dui is a felony (Maryland)

How Far Back Prior Offenses Count in Maryland

5 years. second-offense penalties for DUI and the 5-day and 10-day mandatory minimums apply to priors within 5 years; DWI subsequent-offense penalties and the two-prior and three-prior repeat-offender provisions count prior convictions with no time limitMd. Code, Transp. § 21-902(a)(1)(iv), (b)(1)(iii), (f)(2), (h), (i)

Official source: how far back prior offenses count (Maryland)

More on DUI Law in Maryland

See the full overview of DUI laws in Maryland and read about first-offense DUI penalties across the states.

This page summarizes Maryland law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second DUI in Maryland?

Jail: 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. Fine: up to $2,400 for DUI; up to $500 for DWI. License suspension: 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.

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

Sources

  1. Penalties: 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)
  2. Penalties: Md. Code, Transp. § 16-205.1(b)(1)(i)2, (p)

dui.help is an independent guide, not a law firm or a government agency, and doesn't give legal advice. For advice on your case, talk to a lawyer licensed in your state; your state bar can refer you, and if you can't afford a lawyer, ask the court about a public defender.