Maryland's DUI and DWI Laws and Conviction Penalties

In Maryland, the penalties you'll face for driving while under the influence of drugs or alcohol depend mainly on how many prior offenses you have. This article covers how Maryland defines driving under the influence and driving while impaired and the penalties you'll face for a first, second, and third conviction.

Maryland's DUI and DWI Laws

Maryland has several intoxicated driving classifications. But they can be separated into two main types: DUIs (driving under the influence) and DWIs (driving while impaired).

How Maryland Defines DUI

A person can be convicted of a DUI for driving or attempting to drive while impaired to a substantial extent by alcohol or a controlled substance (in other words, an illegal drug) or with a blood alcohol concentration (BAC) of at least .08%. (Md. Code Trans. §§ 11-174.1, 21-902 (2025).)

How Maryland Defines DWI

The level of impairment the prosecution must prove to get a DWI conviction is lower than that for a DUI. A DWI only requires proof that the driver's normal coordination was impaired to some extent by alcohol or drugs. (Md. Code Trans. § 21-902 (2025).)

A driver can also be convicted for being unable to safely drive due to legal drugs (such as over-the-counter and prescription medications) or a combination of legal drugs and alcohol. This offense is technically called "driving under the influence," but carries the same penalties as a DWI. (Md. Code Trans. § 21-902 (2025).)

Maryland's First DUI and DWI Penalties

The penalties for a DUI and DWI are different. Here are the penalties for each type of offense where the offender has no priors (for DUI sentencing, only priors within the past five years count). The penalties for both offenses include a license suspension (discussed below under "License Suspensions, Ignition Interlock, and Hardship Licenses").

Maryland First DUI Penalties

For a first DUI within five years, the driver will generally be facing:

• up to a year in jail, and
• up to $1,200 in fines.

However, the maximum jail time is 2 years and the maximum fine is $2,000 if the driver had a minor passenger in their car. (Md. Code Trans. § 21-902 (2025).)

Maryland First DWI Penalties

For a first DWI, the driver will generally be facing:

• up to two months in jail, and
• up to $500 in fines.

However, for DWIs involving minor passengers, the maximum jail time is one year and the maximum fine is $1,200. (Md. Code Trans. § 21-902 (2025).)

Maryland's Second DUI and DWI Penalties

As with a first offense, the penalties for a second DUI and second DWI differ. Here are the penalties for each type of offense where the offender has one prior conviction. For DUI sentencing, only priors within the past five years count. The penalties for both offenses also include a license suspension (discussed below under "License Suspensions, Ignition Interlock, and Hardship Licenses").

Maryland Second DUI Penalties

For a second DUI within five years, the driver will generally be facing:

• mandatory minimum of five days to a maximum of two years in jail, and
• up to $2,400 in fines.

However, having a minor passenger increases the maximum fine to $3,000 and the maximum jail time by three years. (Md. Code Trans. § 21-902 (2025).)

Second DUI offenders must also complete an alcohol or drug assessment and follow any resulting treatment recommendations. Any time the driver spends in an inpatient treatment program can be counted towards the required jail time. (Md. Code Trans. § 21-902 (2025).)

Maryland Second DWI Penalties

For a second DWI, the driver will generally be facing:

• up to a year in jail, and
• up to $500 in fines.

However, for DWIs involving minor passengers, the maximum jail time is two years and the maximum fine is $2,400. (Md. Code Trans. § 21-902 (2025).)

Maryland's Third DUI and DWI Penalties

Here are the penalties for each type of offense where the offender has two prior convictions. The penalties for both offenses include a license suspension (discussed below under "License Suspensions, Ignition Interlock, and Hardship Licenses").

Maryland Third DUI Penalties

For a third DUI where at least one prior was within the past five years, the driver will generally be facing:

• 10 days to 5 years in jail, and
• up to $5,000 in fines.

However, having a minor passenger can increase the fines by $1,000 and the jail time by one year. (Md. Code Trans. § 21-902 (2025).)

Third DUI offenders must also complete an alcohol and drug assessment and follow any resulting treatment recommendations. Time the driver spends in an inpatient treatment program can be counted towards the required jail time. (Md. Code Trans. § 21-902 (2025).)

Maryland Third DWI Penalties

For a third DWI, the driver will generally be facing:

• up to five years in jail, and
• up to $5,000 in fines.

(Md. Code Trans. § 21-902 (2025).)

Probation Before Judgment

A driver who's charged with a first DUI or DWI might be eligible to have the charge dismissed through Maryland's probation before judgment ("PBJ") disposition. PBJ is available only for first offenses, and it's not guaranteed. A driver who had PBJ within the previous 10 years is prohibited from PBJ. When a driver pleads guilty or is found guilty of DUI or DWI, the court may place the driver on probation before entering a final judgment of guilt. The conditions of PBJ include a period of probation and may include the following conditions:

• substance abuse evaluation and treatment
• ignition interlock requirement (see below)
• a fine
• community service
• abstaining from alcohol or drugs, and
• avoiding further criminal charges.

If the driver complies with the PBJ terms, the case is dismissed without a finding of guilt. If the driver violates the PBJ, the court will enter a finding of guilt and a final sentence. (Md. Code, Crim. Proc. § 6-220 (2025).)

Maryland's Implied Consent Suspensions

Maryland's implied consent law states all drivers are deemed to have consented to a test of their breath or blood. (Md. Code Trans. § 16-205.1 (2025).)

If a driver fails or refuses a test, the officer is supposed to seize the driver's license, issue a temporary license (the driver may not drive until 12 hours after arrest), and submit the results to the Motor Vehicle Administration (MVA). The MVA can then suspend the driver's license. (Md. Code Trans. §§ 16-205.1, 21-902.1 (2025).)

License Suspensions, Ignition Interlock Devices, and Hardship Licenses

Drivers convicted of a DUI or DWI will face a license suspension. The length of the suspension depends on how many DUI or DWI convictions the driver has and whether there were aggravating factors—like a high BAC or an accident. The minimum license suspension for a first DWI or DUI is six months.

Maryland's ignition interlock program allows participants to drive during their suspension with an ignition interlock device (IID).

Drivers Who Must Participant in the Ignition Interlock Program

The ignition interlock program is mandatory for offenders who are:

• convicted of an alcohol-related DUI or DWI
• given PBJ for an alcohol-related DUI or DWI, or
• younger than 21 and have a license suspension for driving with alcohol in their blood.

For these offenses, the IID program is generally six months for a first offense, one year for a second offense, and three years for a third offense. (A driver who's younger than 21 might be required to hold an IID for up to 3 years.) However, successful completion of the IID program can result in the early reinstatement of the driver's license. (Md. Code Trans. §§ 16-113, 16-404.1 (2025).)

Drivers Can Voluntarily Participate in the Ignition Interlock Program

Drivers who are suspended due to an intoxicated driving incident but aren't required to participate in the ignition interlock program can voluntarily apply to the program. (Md. Code Trans. § 16-404.1 (2025).)

Hardship Licenses

A suspended motorist can also apply for a hardship license—which allows driving with some restrictions—if the motorist's BAC was under.15% BAC. Basically, hardship licenses are for driving to and from places like work and school. (Md. Code Trans. § 16-205.1 (2025).)

Maryland's Underage DUI Laws

Technically, Maryland doesn't have an "underage DUI" law. Instead, all drivers younger than 21 have a restriction placed on their license that prohibits operation with any amount of alcohol in their system. While not called a DUI, violating this license restriction still carries a multitude of penalties, including license suspension and ignition interlock requirements. (Md. Code Trans. § 16-113 (2025).)

Getting Help From a Maryland DUI Attorney

If you've been arrested for driving under the influence in Maryland, you should get in contact with an experienced DUI lawyer. A qualified DUI lawyer can explain the penalties you're facing, let you know if you have any viable defenses, and advise you on how best to handle your situation.