A Complete Guide to Maryland DUI Laws: From First Offense to Felony Charges

June 20, 2025

A Complete Guide to Maryland DUI Laws: From First Offense to Felony Charges

Introduction

Maryland, often referred to as the "Old Line State," maintains strict and multifaceted laws against impaired driving, which are categorized as "Driving Under the Influence" (DUI) and "Driving While Impaired" (DWI). These laws are designed to deter individuals from operating vehicles while affected by alcohol or drugs and to ensure public safety on its diverse roadways. Penalties in Maryland are significant, escalating considerably for repeat offenses, higher Blood Alcohol Content (BAC) levels, or those involving aggravating circumstances such as serious injury or death. Understanding these regulations is crucial for anyone driving in Maryland.

The General Framework of Maryland DUI/DWI Laws

In Maryland, a person can be charged with an impaired driving offense if they are found to be driving or attempting to drive a motor vehicle while:

Driving Under the Influence (DUI): This is the more serious charge.
1. Having a Blood Alcohol Concentration (BAC) of $0.08%$ or more (this is a "per se" violation, meaning no other evidence of impairment is needed).
2. Under the influence of alcohol to the extent that their normal coordination is impaired to a degree that they cannot safely drive.
3. Under the influence of any controlled dangerous substance (CDS) or other drug (including prescription or over-the-counter drugs) to the extent that their normal coordination is impaired to a degree that they cannot safely drive.
4. Under the combined influence of alcohol and any drug(s) to the extent that their normal coordination is impaired.
Driving While Impaired (DWI): This is a lesser charge than DUI, but still carries significant penalties.

Having a BAC between $0.07%$ and $0.08%$ . If your BAC is in this range, there is a legal presumption that you are impaired.
Having a BAC between $0.05%$ and $0.07%$ , along with other evidence that indicates impairment.
Impaired by alcohol or drugs to the extent that your normal coordination is affected to an appreciable degree (less than what's required for DUI).

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Per Se Law: As noted, if your BAC is $0.08%$ or higher, you are automatically considered to be driving under the influence (DUI per se), regardless of visible impairment.

For drivers 21 and older: The legal BAC limit is $0.08%$ for DUI.
For commercial vehicle operators: The legal BAC limit is $0.04%$ .
For drivers under 21 (Zero Tolerance Law): Maryland has a strict "zero tolerance" policy for underage drivers. If a driver under 21 has a BAC of $0.02%$ or higher, their license will be suspended for a period of time, even if they don't appear impaired. If their BAC is $0.08%$ or higher, they face the same penalties as an adult.

Implied Consent Law

Maryland has a robust implied consent law (Maryland Transportation Article § 16-205.1). By driving on Maryland's public roads, you are legally deemed to have given your consent to a chemical test (breath, blood, or urine) to determine your BAC or drug content if a law enforcement officer has reasonable grounds to believe you are driving under the influence or impaired and you are lawfully arrested. The officer must advise you of the consequences of refusing the test or failing it.

Refusal to Test: Refusing to submit to a chemical test after a lawful arrest for DUI/DWI in Maryland carries immediate and severe administrative penalties from the Maryland Motor Vehicle Administration (MVA), separate from any criminal prosecution. Your refusal can also be used as evidence against you in court.

First refusal: Automatic 270-day driver's license suspension.
Second or subsequent refusal: Automatic 2-year driver's license suspension.

These administrative suspensions take effect prior to any court conviction and are independent of criminal penalties. You have 10 days from the date of arrest to request an administrative hearing with the MVA to challenge the license suspension. If you fail a chemical test (BAC of $0.08%$ or higher), the administrative suspension is typically 180 days for a first offense. For a BAC of $0.15%$ or higher, the administrative suspension is also 180 days for a first offense, but 270 days for a second or subsequent offense.

Maryland DUI Statistics

Impaired driving continues to be a significant public safety concern in Maryland. According to the Maryland Motor Vehicle Administration (MVA) Ignition Interlock Program Status Report for FY2024 (covering data through 2023), impaired driving crashes resulted in over 158 fatalities in 2023, accounting for about a third of all roadway fatalities. Over the past five years (2019-2023), more than 70,000 impaired driving arrests were made, resulting in over 200,000 criminal citations. The number of impaired driving arrests in 2023 decreased by 7.5% compared to 2022. Notably, the overall chemical test refusal rate increased to 44.7% in 2023, continuing a 10-year trend. More than 80% of drivers tested had BAC levels above the legal limit of $0.08%$ , and over 43% of those drivers had BAC levels of $0.15%$ or higher.

Penalties for DUI/DWI in Maryland

Maryland's impaired driving penalties are substantial and become significantly more severe with each subsequent conviction. Maryland generally uses a 5-year look-back period to determine enhanced penalties for repeat offenses for mandatory minimum jail time. However, a DUI/DWI conviction remains on your driving record indefinitely and can affect future sentencing.

Driving While Impaired (DWI) - Less Serious Offense

First Offense DWI:
- Jail Time: Up to 60 days. (Rarely imposed for a first offense without aggravating factors).
- Fines: Up to $500.
- Points: 8 points assessed on your driving record.
- License Suspension: 6 months (administrative suspension is separate). If the driver is under 21, the suspension is 1 year.
- Alcohol Education/Treatment: May be required.
Second Offense DWI:
- Jail Time: Up to 1 year.
- Fines: Up to $500.
- Points: 8 points assessed.
- License Suspension: 9 to 12 months. If the driver is under 21, the suspension is 2 years.

Driving Under the Influence (DUI) - More Serious Offense

First Offense DUI:
- Jail Time: Up to 1 year imprisonment. (Often suspended with probation, but mandatory minimum 5 days if prior DUI/CDS violation within 5 years).
- Fines: Up to $1,000.
- Points: 12 points assessed on your driving record.
- License Revocation: Up to 6 months (court-ordered, separate from MVA administrative suspension).
- Alcohol/Drug Assessment & Treatment: Mandatory assessment and participation in a recommended program.
- Ignition Interlock Program: Eligibility for Ignition Interlock Device (IID) may be offered by MVA instead of full suspension.
- Probation Before Judgment (PBJ): Many first offenders may be eligible for a PBJ, which, if successfully completed, avoids a conviction on your criminal record. This is a significant benefit.
Second Offense DUI (within 5 years of a prior DUI/DWI or CDS violation):
- Jail Time: Up to 2 years imprisonment. Mandatory minimum 5 days jail (cannot be waived or suspended).
- Fines: Up to $2,000.
- Points: 12 points assessed.
- License Revocation: Up to 1 year (court-ordered).
- Alcohol/Drug Assessment & Treatment: Mandatory comprehensive assessment and court-ordered follow-up treatment.
- Ignition Interlock Program: Mandatory participation for a period of time after suspension.
Third Offense DUI (within 5 years of two prior DUI/DWI or CDS violations):
- Jail Time: Up to 3 years imprisonment. Mandatory minimum 10 days jail (cannot be waived or suspended).
- Fines: Up to $3,000.
- Points: 12 points assessed.
- License Revocation: Up to 18 months (court-ordered).
- Alcohol/Drug Assessment & Treatment: Mandatory.
- Ignition Interlock Program: Mandatory for an extended period.
Fourth or Subsequent Offense DUI (with 3 or more prior impaired driving convictions, regardless of timeframe):
- Prison Time: Up to 10 years imprisonment.
- Fines: Up to $5,000.
- License Revocation: Lengthy or potentially permanent.

Aggravating Factors and Enhanced Penalties:

Certain circumstances can significantly enhance DUI/DWI penalties in Maryland:

High BAC: A BAC of $0.15%$ or higher is an aggravating factor. While not automatically elevating the charge to a felony, it increases the likelihood of stricter sentencing, longer IID requirements, and often makes it more difficult to obtain a PBJ.
Child Endangerment: Transporting a passenger under the age of 18 at the time of the offense is an aggravating factor. Penalties are enhanced, and separate child endangerment charges are possible.
Causing Accident/Injury/Death:
- DUI resulting in Serious Bodily Injury: Can be charged as a felony with significantly increased jail/prison time and fines.
- DUI resulting in Death (e.g., Manslaughter by Vehicle/Vessel): This is a severe felony offense. Penalties can include up to 10 years in prison for one death, and up to 15 years for multiple deaths, in addition to substantial fines and lengthy license revocations.
Reckless Driving: If combined with impaired driving, can lead to additional charges and enhanced penalties.
Refusal to Test: While it triggers administrative license suspensions, it also serves as an aggravating factor in the criminal case, potentially leading to harsher sentencing if convicted.
Driving While Suspended/Revoked for DUI/DWI: Operating a vehicle while your license is already suspended or revoked for a prior impaired driving offense carries additional, separate criminal charges and penalties.

Conclusion

Maryland's DUI and DWI laws are robust and aim to severely penalize impaired drivers while encouraging rehabilitation. From immediate administrative license suspensions and potential mandatory jail time even for first-time offenders (especially with aggravating factors or prior offenses) to lengthy prison sentences, permanent criminal records, and mandatory Ignition Interlock Device installation for repeat or serious offenses, the consequences are significant and far-reaching. The possibility of a Probation Before Judgment (PBJ) for a first offense offers a crucial opportunity to avoid a criminal conviction and its associated long-term impacts. Understanding the distinctions between DUI and DWI, the state's "per se" and "zero tolerance" BAC limits, the strict implied consent law (and the severe penalties for refusal), and the impact of aggravating factors is paramount for every driver in Maryland. For anyone facing impaired driving charges in the Old Line State, immediate consultation with an experienced Maryland DUI/DWI defense attorney is strongly advised to navigate the complexities of the legal system and safeguard your rights and future.

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