Maryland DUI Laws
In Maryland, if you are suspected of drunk or drugged driving you may be charged with driving while impaired (DWI) or driving while under the influence (DUI). A Maryland DWI/DUI case involves civil and criminal procedures. To be sure your case is resolved with the best possible outcome, you need an experienced Maryland DWI/DUI attorney advising and protecting you every step of the way.
Possible penalties for DWI/DUI may include lost driving privileges, jail, fines, and alcohol abuse assessment. Ignition interlock devices are mandatory with a blood alcohol concentration (BAC) over .15 and for repeat offenders. Additional charges and penalties may apply to underage and commercial drivers, drivers who refuse to submit to chemical testing and drivers who had a minor passenger in the vehicle. Only a Maryland DUI/DWI lawyer can tell you how this complex set of laws might apply to you.
It is critical to hire an experienced attorney who will mount the best possible defense against the charges. A DWI/DUI conviction can continue to impact your life beyond court-imposed penalties. You may have trouble getting car insurance, employment or even housing. If you have been charged with DWI/DUI, it is recommended that you consult a lawyer right away.
Maryland DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
Maryland BAC laws may differ from those of other states, as follows.
| Maryland BAC Laws | |
| DWI Per Se Violation | BAC of .08 or higher |
| DUI | .04 to .079 |
| "Zero Tolerance" (BAC for someone under 21) | .02 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Administrative License Suspension
Suspension by DMV: immediately following arrest for DUI/DWI; independent of court conviction and suspensions following a court conviction.
Time to file for appeal: You may be able to request a hearing at the DMV to appeal your license suspension, but the time limit for doing so is usually very short (within seven to 15 days after DUI/DWI citation).
| DWI Per Se Violation (.08 or higher) | |
| 1st Offense | 45 days license suspension |
| Subsequent Offenses | 90 days license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 45 or 90 days license suspension, depending on age of driver and prior convictions |
| Temporary License | Yes |
| Administrative Hearing | Yes |
| Limited Privileges Possible | Yes |
| Refusal to Submit to BAC Test | |
| 1st Offense | 120 days license suspension |
| Subsequent Offenses | 1-year license suspension |
| "Zero Tolerance" (BAC for someone under 21) | 120 days or 1-year license suspension, depending on age of driver and prior convictions |
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI Offense (.04 to .79) | |
| License Suspension | 6 months (may have conditional license) |
| Prison Term and Community Service | Up to 2 months in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $500 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DUI Offense (.04 to .79) | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| First DWI Offense (.08 or higher) | |
| License Suspension | 6 months (may have conditional license) |
| Prison Term and Community Service | Up to 1 year in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $1,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Second DWI Offense (.08 or higher) | |
| License Suspension | 1 year (may have conditional license) |
| Prison Term and Community Service | Up to 2 years jail; possible community service |
| Fines, Fees, and Surcharges | Approx. $2,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Third DWI Offense (.08 or higher) | |
| License Suspension | 18 months (may have conditional license) |
| Prison Term and Community Service | Up to 3 years in jail; maybe community service |
| Fines, Fees, and Surcharges | Approx. $3,000 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Possible alcohol education and treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, Maryland Highway Safety Commission