Maryland Drunk Driving Fines & Penalties

Need Professional Help? Talk to a Local Defense Attorney.
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

What are the penalties for a DUI/DWI in Maryland?


1st Offense

2nd Offense

3rd Offense

Jail

Up to 1 year (DUI); up to 2 months (DWI)

Up to 2 years (DUI); up to 1 year (DWI)

Up to 3 years

Fines and Penalties

Up to $1,000 (DUI); up to $500 (DWI)

Up to $2,000 (DUI); up to $500 (DWI)

Up to $3,000

License Suspension

Min 6 months (DUI & DWI)

1 year (DUI & DWI)

18 months min.

IID** Required

No

Yes

Yes

Lookback Period: 5 years (Period of time that prior DUIs are relevant for sentencing.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI/DWI in Maryland?

Under 21

.02%

21 or older

.08% or higher (DUI) Between .04% and .08% (DWI)

Commercial

.04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in Maryland?

Maryland has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Maryland’s implied consent law.

 

1st Offense

2d Offense

3rd Offense

Refusal to take test

120 day license suspension

1 year license suspension

1 year license suspension

Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DUI cases in your area.

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.

Can you plead to a lesser offense than DUI in Maryland?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in your state, but it's possible a lawyer may be able to create a plea bargain for you.

by: , Attorney

Talk to a Lawyer

Start here to find defense attorneys near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO4:LDR.1.5.0.20140409.25642