DUI Laws in Maryland (DUI)

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

Penalties by Offense

Felony threshold: No felony based solely on the number of offenses — 2+ priors are charged as enhanced misdemeanors (up to 5 years under §21-902(h); up to 10 years under §21-902(i)); felony applies only when death or life-threatening injury occurs. Lookback period: 5 years for second-offense penalties and the 5-day/10-day mandatory minimums (Transp. §21-902(a)(1)(iv), (f)); no time limit for the repeat-offender tiers in §21-902(h) and (i) — priors of any age count.

Additional Penalty Details

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. If you are convicted of DUI/DWI, the trier of fact may also find the refusal, adding up to 60 days in jail and a $500 fine to the sentence (§21-902(g)).

Aggravating Factors

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: the MVA assesses no points, but the PBJ counts as a prior §21-902 offense for sentencing on any future DUI/DWI. Successful completion of probation means no conviction on your criminal record.

Eligibility: Available at the judge's discretion, typically for first-time offenders. A court may not grant PBJ for a §21-902 offense if you were convicted of — or already received PBJ for — a DUI/DWI in the preceding 10 years (Crim. Proc. §6-220(f)(1)). Judges are less likely to grant it for high-BAC cases 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. A DUI/DWI PBJ follows a special expungement rule: it can be expunged only 15 years after discharge from probation, and only if you have not received another DUI/DWI (Crim. Proc. §10-105(c)(2)(ii)). 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

Related

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