Maryland DUI & DWI Laws: Penalties, BAC Limit (2026)

Maryland is one of the few states with two separate drunk-driving offenses. Driving under the influence (DUI) applies at a blood alcohol concentration (BAC) of 0.08 percent or more, and the lesser charge of driving while impaired (DWI) can apply at lower readings, both under Transportation Article 21-902. A first DUI is a misdemeanor punishable by up to one year in jail and a $1,200 fine.

This guide is part of our DUI Laws by State series.

What counts as a DUI or DWI in Maryland

Maryland's impaired-driving law, Transportation Article 21-902, creates a tiered structure. Subsection (a) covers driving under the influence of alcohol and the per se offense of driving with a BAC of 0.08 percent or more, the more serious charge that Maryland calls DUI. Subsection (b) covers the lesser offense of driving while impaired by alcohol (DWI), which applies when alcohol has impaired the driver's normal coordination to some extent even below the 0.08 per se line. Because impairment can be proven without hitting 0.08, a driver can be convicted of DWI on a lower reading. Commercial drivers face a 0.04 percent limit, and drivers under 21 fall under a zero-tolerance rule that bars a BAC of 0.02 percent or more. The 0.08 figure is the federal benchmark adopted by every state except Utah, which sets its limit at 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DUI penalties in Maryland (jail, fines, suspension)

A first DUI under Article 21-902(a) is a misdemeanor punishable by imprisonment of up to one year, a fine of up to $1,200, or both, and the conviction adds 12 points to the driving record. The lesser first DWI under subsection (b) carries up to two months in jail and a fine of up to $500, with 8 points. Most first-time offenders are eligible to ask the court for probation before judgment (PBJ), which can keep a conviction off the record if the person completes probation, though the arrest and the administrative case still occur. A PBJ does not avoid the ignition interlock requirement: under Transportation Article 16-404.1(d)(1), a PBJ for a 21-902(a) or (b) violation makes the driver a mandatory program participant exactly as a conviction does. Separately, the Maryland MVA takes administrative action against the driving privilege. The court may also order an alcohol education or treatment program as a condition of probation.

Watch out: The MVA administrative suspension and the criminal court case are two separate proceedings. You can resolve the criminal charge with probation before judgment and still face an administrative suspension, and you generally must request an MVA hearing within 10 days of the notice to keep your full driving privilege while the case is pending.

Ignition interlock requirements in Maryland

Maryland runs two separate interlock tracks, and they are easy to confuse. The mandatory track comes from Noah's Law, Transportation Article 16-404.1. Under 16-404.1(d)(1), a driver shall be a participant in the Ignition Interlock System Program if the driver is convicted of, or is granted probation before judgment under Criminal Procedure 6-220 for, a violation of 21-902(a) or (b). That reaches an ordinary first DUI or DWI and it reaches a PBJ, so the requirement is not limited to high-BAC results, refusals, or repeat offenders. Section 16-404.1(d)(3) sets the term at 6 months the first time a driver is required to participate, 1 year the second time, and 3 years the third or any later time, and a court or the Administration can require longer.

The second track is the administrative election, and it is voluntary. Under Article 16-205.1(g), a driver whose license is not currently suspended, revoked, canceled, or refused may elect in writing to join the Ignition Interlock Program instead of requesting a hearing or serving the administrative suspension. Under 16-205.1(g)(2)(ii) that elective participation runs 180 days for a test result of 0.08 to 0.14 percent, and one year for a test result of 0.15 percent or more or for a test refusal. Those terms are keyed to the test result rather than to the number of prior offenses. The device prevents the engine from starting if it detects a BAC above a low set point, commonly 0.025 percent, and requires periodic retests while driving.

License suspension and the administrative (MVA) process in Maryland

Maryland runs two tracks at once. The administrative suspension is an MVA action against the driving privilege based on the test result or refusal, separate from the criminal court outcome, under Transportation Article 16-205.1. For a first offense, the MVA suspends the license for 180 days when the test shows 0.08 percent or more, and for 270 days when the driver refuses the test. The arresting officer issues an order of suspension that serves as a temporary 45-day paper license, and the driver may request an administrative hearing, generally within 10 days to preserve the broadest options. As an alternative to a suspension, a driver whose license is not currently suspended, revoked, canceled, or refused can elect the Ignition Interlock Program in writing under 16-205.1(g). A separate court-ordered suspension can follow a conviction, and reinstatement requires paying fees and satisfying any program conditions.

Repeat offenses and the Maryland look-back period

Maryland increases penalties sharply for repeat impaired driving. A second DUI under Article 21-902(a) is punishable by up to two years in jail and a fine of up to $2,400, and Maryland law sets mandatory minimum jail time for certain repeat offenses within a five-year window. Prior alcohol-related convictions also drive longer mandatory interlock terms, rising from 6 months to 1 year and then to 3 years under Transportation Article 16-404.1(d)(3), and harsher administrative consequences. While a third or later DUI carries escalating jail exposure, Maryland does not convert a simple repeat DUI into a felony purely by offense count the way some states do at the third or fourth offense. Felony exposure instead comes from impaired driving that kills: homicide by motor vehicle or vessel while under the influence is a felony under Criminal Law 2-503, punishable by up to five years for a first offense, and Criminal Law 2-504 does the same for impaired driving. Causing a life-threatening injury while impaired is a serious separate charge under Criminal Law 3-211, but that statute makes every variant a misdemeanor, with a maximum of three years and a $5,000 fine where the driver was under the influence of alcohol.

Watch out: Refusing a chemical test does not avoid an administrative suspension and usually makes it worse. A first refusal carries a 270-day MVA suspension, longer than the 180-day suspension for failing the test, and the refusal can be used against you in the criminal case.

Refusing a breath or blood test in Maryland

Maryland's implied consent law means that by driving in the state, you are deemed to have agreed to submit to a chemical test if detained on reasonable grounds for impaired driving. Under Transportation Article 16-205.1, the officer reads the DR-15 advice of rights form, which explains the consequences. A first refusal results in a 270-day administrative suspension, longer than the 180-day suspension for a first test failure at 0.08 percent or more. A driver who refuses may instead elect the Ignition Interlock Program for one year to keep driving. The refusal is also admissible as evidence in the criminal case. Because the refusal penalty is harsher than the failure penalty, refusing rarely helps and often increases the license consequences.

Can you expunge or seal a DUI in Maryland

For most of Maryland's history, a DUI or DWI conviction could not be expunged at all. A 2024 change narrowed that bar: a DUI or DWI resolved with probation before judgment (PBJ) can now become eligible for expungement, but only after a long wait. The person must wait 15 years after completing all terms of the PBJ probation, must not have been convicted of another crime during that period (aside from minor traffic offenses), and must not have received another DUI or DWI PBJ in the interim. A DUI or DWI that ended in an actual conviction, rather than PBJ, remains ineligible for expungement, and PBJ for a drug-related impaired driving offense is also excluded. Because the rules are narrow and the waiting period is long, many people review eligibility with a Maryland attorney before petitioning.

What to do after a DUI arrest in Maryland

A Maryland DUI generates two cases at once: a criminal case in the District Court and an administrative case at the MVA. The deadlines are short, so a common first step is to decide within 10 days whether to request an MVA hearing or to elect the Ignition Interlock Program, because that window controls the administrative suspension. The criminal case proceeds separately through arraignment and trial or plea. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the evidence, and your record. Many people consult a licensed Maryland DUI attorney to understand the charge, the MVA deadline, and the options for both the criminal case and the license case. Keep the order of suspension, the DR-15 form, and any test results in a safe place.

More Maryland Laws

• Maryland Expungement Laws
• Maryland Warrant Search