The State of Maryland distinguishes between "Driving While Impaired" (DWI) and "Driving Under the Influence" (DUI). You will receive a DWI if your BAC is .07 percent and you will receive a DUI if your alcohol is .08 percent or above. The penalties are similar, however the DUI offense carries a harsher punishment.

Drinking and Driving Laws in Maryland

The State of Maryland prohibits driving under the influence of alcohol when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is a standard measurement used across the United States for the "impaired" adult driver. The State of Maryland has a zero tolerance for alcohol for drivers under the age of 21. If a driver under the age of 21 is found to have a .02 percent BAC or above their license could be suspended or revoked. Commercial drivers also face a lower BAC limit of .04 percent.

How many drinks does it take to reach the legal limit in Maryland?

It is difficult to guess how many drinks it will take to reach the .08 BAC limit. Each person has unique physical characteristics that factor into the BAC equation. Attributes such as weight, sex, number of drinks consumed over a given time, if you have eaten, all play into the BAC formula. You may want to try our BAC Calculator , however I wouldn't let any results encourage you to drink and drive.

The best answer is not to drink and drive . The State of Maryland has strict laws for drunk driving, and when you drink and drive in Maryland, you risk your freedom, finances and your future.

The first time you are convicted of a DUI in the State of Maryland you will face up to 1 year in jail and up to a $1,000 fine. If you were transporting a minor when you were arrested you could be sentenced up to 2 years in jail a pay up to a $2,000 fine. Your drivers license will also be suspended for a minimum of 45 days. Your first DWI conviction will cost you up to 2 months in jail and a $500 fine. In addition, your drivers license could be suspended 60 days.

The second time you are convicted of a DUI, you could be sentenced up to 2 years in jail and fined up to $2,000. If you were transporting a minor when you were arrested you could be sentenced up to 3 years in jail a pay up to a $3,000 fine. Your drivers license will also be suspended for a minimum of 1 year. For your second DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.

The 3rd time you receive a DUI in the State of Maryland you will face up to 3 years imprisonment. Your fine will be up to $3,000 and if you were transporting a minor at the time of your arrest you could face up to 4 years in prison and up to a $4,000 fine. Your drivers license will be suspended for a minimum of 18 months. For your third DWI, you will be fined up to $500 and/or 1 year in jail plus a minimum of 60 day suspension of your drivers license.

Drunk Driving Laws in Maryland

State of Maryland BAC Laws:

All drivers with a BAC of .08 or higher. (DUI)
All drivers with a BAC of .07 (DWI)
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Maryland

The implied consent law in Maryland means that as a driver in the State of Maryland you agree to submit to a chemical test of your blood, breath or urine if a peace officer has reasonable cause to believe you are under the influence of Alcohol or Drugs. If you refuse to submit to such a test your drivers license could be suspended for 120 days for the first refusal, and an automatic 1 year suspension for your second refusal to submit to a chemical test.

The State of Maryland DMV DUI Information

The State of Maryland Rookie Driver Page

Other Maryland Information on this Website

Teen Driving Laws, Insurance Requirements and Driver License in Maryland

State of Maryland Cell Phone Driving Law

DUI Laws in Maryland

Maryland Drunk Driving Fines & Penalties

First Maryland DUI / DWI

1st Drunk Driving Conviction

First DUI

Jail – Up to 1 Year Jail – Up to 2 Years (If Transporting Minor) License Suspension – 6 Months Minimum Fine - Up to $1,000 Fine - Up to $2,000 (If Transporting Minor)

First DWI

Jail – Up to 2 Months Jail – Up to 6 Months (If Transporting Minor) License Suspension – 6 Months Minimum Fine - Up to $500 Fine - Up to $1,000 (If Transporting Minor)

Second Maryland DUI / DWI

2nd Drunk Driving Conviction

Second DUI

Jail – Up to 2 Years Jail – Up to 3 Years (If Transporting Minor)

License Suspension – 1 Year (If Within 5 Years of Previous) Ignition Interlock Program Possible (After 45 Days of Suspension)

Fine - Up to $2,000 Fine - Up to $3,000 (If Transporting Minor)

Second DWI

Jail – Up to 1 Year License Suspension – 1 Year Minimum Fine - Up to $500 Fine - Up to $2,000 (If Transporting Minor)

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Third Maryland DUI

3rd (and future) Drunk Driving Conviction

Jail – Up to 3 Years Jail – Up to 4 Years (If Transporting Minor)

License Suspension – 18 Months Minimum

Fine - Up to $3,000 Fine - Up to $4,000 (If Transporting Minor)

Penalty Distinction Between a DWI or DUI in Maryland

Drinking and Driving Laws in Maryland

Drunk Driving Laws in Maryland

State of Maryland BAC Laws:

All drivers with a BAC of .08 or higher. (DUI) All drivers with a BAC of .07 (DWI) Under 21 with a BAC of .02 or higher. Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in Maryland

Other Maryland Information on this Website

Jail – Up to 1 Year
Jail – Up to 2 Years (If Transporting Minor)

License Suspension – 6 Months Minimum
Fine - Up to $1,000
Fine - Up to $2,000 (If Transporting Minor)

Jail – Up to 2 Months
Jail – Up to 6 Months (If Transporting Minor)

License Suspension – 6 Months Minimum
Fine - Up to $500
Fine - Up to $1,000 (If Transporting Minor)

Jail – Up to 2 Years
Jail – Up to 3 Years (If Transporting Minor)

License Suspension – 1 Year (If Within 5 Years of Previous)
Ignition Interlock Program Possible (After 45 Days of Suspension)

Fine - Up to $2,000
Fine - Up to $3,000 (If Transporting Minor)

Jail – Up to 1 Year
License Suspension – 1 Year Minimum
Fine - Up to $500
Fine - Up to $2,000 (If Transporting Minor)

Jail – Up to 3 Years
Jail – Up to 4 Years (If Transporting Minor)

Fine - Up to $3,000
Fine - Up to $4,000 (If Transporting Minor)

All drivers with a BAC of .08 or higher. (DUI)
All drivers with a BAC of .07 (DWI)
Under 21 with a BAC of .02 or higher.
Commercial Vehicle Driver with a BAC of .04 or higher.