Maryland DUI Laws

Maryland places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit while operating a motorized vehicle, you will be arrested on a DUI. In Maryland, a DUI or DWI will result in multiple fines and penalties. All DUI and DWI convictions have a mandatory jail time, license suspension, and court ordered substance abuse treatment attached to the charge. Maryland DUI/DWI laws are strictly adhered to and the penalties and fines are increased for repeat offenders and those with high BAC levels. A repeat offender in the state of Maryland will be charged with a felony conviction which will remain on the record for the rest of your life. These rules apply to other substances such as drugs and inhalants.

Maryland’s implied consent law will result in the loss of your driver’s license for 6 months to 1 year if your refuse to take a blood alcohol, breath or urine test. Accepting your Maryland driver’s license and operating a motorized vehicle on Maryland roads is your acceptance of taking a chemical test if stopped for impaired driving. The DMV may take the vehicle of a repeat offender for a set time period or they may take your vehicle permanently when you are arrested and convicted of DUI or DWI. You will have to pay fines and administrative fees to get the vehicle back. You may also be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

The BAC level for a DWI in Maryland is .07% while the BAC level for a DUI in Maryland is .08% or higher. While the DWI and the DUI carry similar penalties, the DUI penalties are harsher. A BAC of .15% or higher is considered extreme DUI and your penalties will be even more severe than those of a DUI. Maryland has a zero tolerance law in place for under age drinkers. This includes anyone under 21. Under age drinkers caught driving with a BAC of 0.01% will be charged with a DUI. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%.



Your first DUI offense will result in up to 1 year of jail time which will increase to 2 years if you have a minor in the vehicle with you at the time of your arrest. Your license will be suspended for a minimum of 6 months. The fines you will face will be up to $1,000.00 unless a minor is present and then the fines can go as high as $2,000.00. Your first DWI will result in a possible 2 months in jail or up to 6 months if a minor is present. You license will be suspended for a minimum of 6 months and you will face fines up to $500.00 unless a minor is present and then your fines may go as high as $1,000.00.

Your second DUI offense will result in up to 2 years of jail time which will increase to 3 years if you have a minor in the vehicle with you at the time of your arrest. Your license will be suspended for a minimum of 1 year if it has been five years of less since your last conviction. You may be eligible for the Ignition Interlock Device Program (IID) after you have served 45 days of your license suspension. The fines you will face will be up to $2,000.00 unless a minor is present and then the fines can go as high as $3,000.00. Your first DWI will result in a possible 1 year in jail. You license will be suspended for a minimum of 1 year and you will face fines up to $500.00 unless a minor is present and then your fines may go as high as $2,000.00.

Your third offense will result in up to 3 years of jail time which will increase to 4 years if you have a minor in the vehicle with you at the time of your arrest. Your license will be suspended for a minimum of 18 months. The fines you will face will be up to $3,000.00 unless a minor is present and then the fines can go as high as $4,000.00.