DUI Laws in Maryland (DUI)
Maryland uses the term "DUI" for impaired driving offenses. The standard BAC limit is 0.08% (DUI); 0.07% (DWI — Driving While Impaired). The lookback period is 5 years (for MVA administrative purposes); lifetime (criminal court may consider all prior convictions at sentencing). No felony based solely on number of offenses; felony DUI applies only when death or life-threatening injury occurs. Below are the full details of Maryland's DUI laws and penalties.
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Overview
Maryland distinguishes between two impaired driving offenses: DUI (Driving Under the Influence, BAC 0.08%+) and DWI (Driving While Impaired, BAC 0.07%+), with DUI carrying significantly harsher penalties. Maryland's Noah's Law, enacted in 2016 and expanded since, requires ignition interlock devices for all DUI offenders and DWI offenders who refuse a breath test. The state uses a points-based system where a DUI adds 12 points to your driving record, triggering automatic license revocation. Maryland is also notable for its relatively lenient felony threshold — a DUI does not become a felony based on repeat offenses alone, but only when it involves death or life-threatening injury.
Official term: DUI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% (DUI); 0.07% (DWI — Driving While Impaired) |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.02% |
| Enhanced Penalty | 0.15% |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | Misdemeanor | Up to 1 year (DUI); up to 60 days (DWI) | Up to $1,000 (DUI); up to $500 (DWI) | 6 months (DUI); 60 days (DWI) via MVA administrative action; 12 points added for DUI | Required under Noah's Law for all DUI convictions; required for DWI if breath test was refused |
| 2nd Offense | Misdemeanor | Up to 2 years (DUI); up to 1 year (DWI); mandatory minimum 5 days for DUI | Up to $2,000 (DUI); up to $500 (DWI) | 1 year (DUI); 6 months (DWI); 12 points added for DUI | Required for 1 year minimum under Noah's Law |
| 3rd Offense | Misdemeanor | Up to 3 years (DUI); mandatory minimum 10 days | Up to $3,000 (DUI) | 18 months or longer; MVA may revoke license | Required for 3 years minimum under Noah's Law |
| Felony | Felony — DUI causing death or life-threatening injury | Up to 5 years for DUI causing life-threatening injury; up to 5 years for homicide by motor vehicle while DUI (may be enhanced) | Up to $5,000 | License revoked; reinstatement at MVA discretion after serving all requirements | Required upon any future license reinstatement |
Felony threshold: No felony based solely on number of offenses; felony DUI applies only when death or life-threatening injury occurs. Lookback period: 5 years (for MVA administrative purposes); lifetime (criminal court may consider all prior convictions at sentencing).
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered at court's discretion, commonly 40–80 hours | Up to 3 years supervised or unsupervised | Required completion of an alcohol education program approved by the MVA |
| 2nd Offense | Commonly ordered, 80+ hours | Up to 3 years | Required completion of an alcohol treatment program; may require intensive outpatient treatment |
| 3rd Offense | Court-ordered at judge's discretion | Up to 5 years supervised | Court-mandated intensive substance abuse treatment program |
| Felony | Court-ordered at judge's discretion | Up to 5 years supervised probation following incarceration | Court-mandated intensive substance abuse treatment |
Implied Consent Law
Under Maryland's implied consent law (Md. Code, Transportation §16-205.1), anyone operating a motor vehicle on Maryland roads has consented to submit to chemical testing (breath or blood) when detained or arrested for suspected DUI/DWI by a law enforcement officer with reasonable grounds.
Refusal penalties: First refusal: 270-day license suspension (administrative). Second refusal: 2-year license suspension. A refusal also triggers mandatory IID participation under Noah's Law. The refusal can be used as evidence at trial and is reported to the MVA separately from any criminal proceedings.
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.15% or higher | Enhanced penalties including increased mandatory minimum jail time and extended IID requirement; additional 2 points on driving record |
| Minor passenger under 16 years old | Separate offense of transporting a minor while DUI; additional fine up to $2,000 and up to 2 years imprisonment |
| Causing death while DUI | Homicide by motor vehicle while DUI (Md. Code, Criminal Law §2-503): felony with up to 5 years imprisonment and $5,000 fine |
| Causing life-threatening injury while DUI | Life-threatening injury by motor vehicle while DUI (Md. Code, Criminal Law §3-211): felony with up to 5 years imprisonment |
| Driving on a suspended or revoked license | Additional misdemeanor charge with up to 1 year imprisonment and $1,000 fine; no eligibility for work-restricted license |
DUI with Injury
Classification: Felony — Life-threatening injury by motor vehicle while DUI / Homicide by motor vehicle while DUI
Life-threatening injury by motor vehicle while DUI (Md. Code, Criminal Law §3-211): up to 5 years imprisonment and $5,000 fine. Homicide by motor vehicle while DUI (§2-503): up to 5 years imprisonment and $5,000 fine. Homicide by motor vehicle while impaired (DWI) (§2-504): up to 3 years and $5,000 fine. These charges are in addition to the underlying DUI/DWI penalties.
Underage DUI
Drivers under 21 with a BAC of 0.02%–0.07% face administrative penalties including a 6-month license restriction on a first violation (1-year restriction on a second). If the underage driver's BAC is 0.07%+ (DWI) or 0.08%+ (DUI), full criminal penalties apply. A violation also triggers the MVA's alcohol restriction program requiring an approved education course before license reinstatement.
Diversion Programs
Program: Probation Before Judgment (PBJ)
Maryland's Probation Before Judgment (PBJ) is a common disposition for first-time DUI/DWI offenders where the court suspends the entry of judgment and places the defendant on probation. A PBJ does not count as a conviction for most purposes (though the MVA still assesses 8 points for DUI PBJ and it counts as a prior offense for sentencing). Successful completion of probation means no conviction on your criminal record.
Eligibility: Available at the judge's discretion, typically for first-time offenders. There is no statutory prohibition on PBJ for DUI, but judges are less likely to grant it for high-BAC cases, repeat offenders, or cases involving injury. PBJ for DUI still triggers Noah's Law IID requirements.
How Long a DUI Stays on Your Record
A DUI conviction remains on your Maryland criminal record permanently. A PBJ (Probation Before Judgment) disposition does not result in a conviction but is visible on court records. For MVA driving record purposes, a DUI conviction or PBJ remains for at least 10 years. Maryland allows expungement of PBJ dispositions 3 years after the end of probation. Full DUI convictions are generally not eligible for expungement. Insurance companies may access DUI records for 5–10 years.
Key Statutes
- Md. Code, Transportation §21-902
- Driving under the influence (DUI) and driving while impaired (DWI) — defines offenses, BAC limits, and criminal penalties
- Md. Code, Transportation §16-205.1
- Implied consent — chemical testing requirements, refusal penalties, and administrative procedures
- Md. Code, Transportation §27-107
- Noah's Law — ignition interlock device requirements for DUI/DWI offenders
- Md. Code, Criminal Law §2-503
- Homicide by motor vehicle while under the influence of alcohol — felony penalties for DUI-related death
- Md. Code, Criminal Law §3-211
- Life-threatening injury by motor vehicle while DUI — felony penalties for serious injury caused while impaired
Frequently Asked Questions
What is the difference between DUI and DWI in Maryland?
What is Probation Before Judgment (PBJ) for DUI in Maryland?
What is Noah's Law in Maryland?
How long does a DUI stay on your record in Maryland?
Can you refuse a breathalyzer in Maryland?
Does a DUI become a felony in Maryland?
What happens if you get a DUI with a minor in the car in Maryland?
How many points does a DUI add to your Maryland driving record?
Related Guide
DUI license recovery in Maryland→Step-by-step guide to getting your license back after a DUI in Maryland — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Maryland MVA — DUI/DWI Information
Official MVA information on license suspensions, reinstatement, Noah's Law IID program, and administrative hearings
- Maryland Judiciary — DUI/DWI Court Programs
Information on Maryland's DUI court programs, PBJ eligibility, and treatment-based alternatives
- Maryland General Assembly — Transportation Code
Full text of Maryland's DUI/DWI statutes in the Transportation Article and Criminal Law Article
- Maryland Highway Safety Office
State highway safety information including impaired driving prevention programs and data
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