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 articles covers how Maryland defines driving under the influence and the penalties you'll face for a first, second, and third conviction.

Maryland's DUI and DWI Laws

Maryland has a number of 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 or with a blood alcohol concentration (BAC) of at least .08%.

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.

A driver can also be convicted if he or she is 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.

Maryland's First DUI/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).

Maryland 1st DUI Penalties

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

• up to a year in jail
• up to $1,000 in fines, and
• a six-month license suspension.

However, the maximum jail time and fines are doubled if the driver had a minor passenger in their car.

While drug and alcohol treatment isn't required for a first offense, any time completed in treatment can count towards the offender's jail sentence.

Maryland 1st DWI Penalties

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

• up to two months in jail
• up to $500 in fines, and
• a license suspension of up to six months.

However, for DWIs involving minor passengers, the maximum jail time is one year and the maximum fine is $1,000.

While drug and alcohol treatment isn't required for a first-offense DWI, any time completed in treatment can count towards the offender's jail sentence.

Maryland's Second DUI/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).

Maryland 2nd DUI Penalties

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

• five days to two years in jail
• up to $2,000 in fines, and
• a 12-month license suspension.

However, having a minor passenger can increase the fines by $1,000 and the jail time by one year.

Second DUI offenders must also complete an alcohol and drug assessment and follow any resulting treatment recommendations. Any time the driver spends in treatment can be counted towards the required jail time.

Maryland 2nd DWI Penalties

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

• up to a year in jail
• up to $500 in fines, and
• a license suspension of up to nine months.

However, for DWIs involving minor passengers, the maximum jail time is two years and the maximum fine is $2,000.

Drug and alcohol treatment isn't mandatory for a second DWI, but any time the driver spends in treatment can be credited against the jail sentence.

Maryland's Third DUI/DWI Penalties

Here are the penalties for each type of offense where the offender has two prior convictions.

Maryland 3rd DUI Penalties

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

• 10 days to five years in jail
• up to $5,000 in fines, and
• an 18-month license suspension.

However, having a minor passenger can increase the fines by $1,000 and the jail time by one year.

Third DUI offenders must also complete an alcohol and drug assessment and follow any resulting treatment recommendations.

Maryland 3rd DWI Penalties

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

• up to five years in jail
• up to $5,000 in fines, and
• a license suspension of 12 months.

Drug and alcohol treatment isn't mandatory for a third DWI, but any time the driver spends in treatment can be credited against the jail sentence.

Maryland's Implied Consent Suspensions

Maryland's implied consent law states all drivers are deemed to have impliedly consented to a test of their breath or blood.

If a driver fails or refuses a test, the officer is supposed to seize the driver's license (who is prohibited from driving for 12 hours after arrest), issue a temporary license, and submit the results to the Motor Vehicle Administration (MVA). The MVA can then suspend the driver's license.

Maryland's Ignition Interlock Program & Hardship Licenses

Maryland's ignition interlock program allows participants to drive during their suspension.

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
• any intoxicated driving conviction with a passenger under 16 years old
• any intoxicated driving conviction if the driver was under 21 years old, and
• an alcohol-related DWI if the driver has a prior DWI/DUI that occurred within the last five years.

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 under the age of 21 may be required to hold an IID for up to three years.) However, successful completion of the IID program can result in the early reinstatement of the driver's license.

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 opt to voluntarily apply to the program. If accepted, the driver will be permitted to drive with the use of an IID and will be eligible for early reinstatement after completing:

• 180 days with an IID if the DUI/DWI involved a BAC of .08% to .14%
• one year with an IID if the DUI/DWI involved a BAC of .15% or more, or
• one year with an IID if the driver refused a chemical test.

Hardship Licenses

A suspended motorist can also apply for a hardship license—which allows driving with some restrictions—if his or her BAC was under.15% BAC. Basically, hardship licenses are for driving to and from places like work and school.

Maryland's Underage DUI Laws

Technically, Maryland does not have an "underage DUI" law. Instead, all drivers under 21 years old 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.

Talk to 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.