DUI Laws in Maryland

0.08 BAC is over the legal limit. Drivers under 21, and drivers with an alcohol restriction on their license, may not drive with any alcohol in their system.

First DUI conviction: up to $1,000 fine, up to 1 year in jail, 12 points, and license revocation of up to 6 months. First DWI (driving while impaired) conviction: up to $500 fine, up to 2 months in jail, 8 points, and a 6-month suspension (1 year if under 21). Separately, failing a test brings an administrative suspension of 180 days for a first offense (at 0.08–0.14 or 0.15 and above). Higher penalties apply when driving with a minor.

Under Maryland's DUI law, driving under the influence or impaired is a misdemeanor, not a felony, even for repeat offenses. Violations of the Maryland Vehicle Law are misdemeanors unless the law specifically makes them felonies, and the DUI section does not. Penalties still increase with priors: DUI carries up to 1 year for a first offense and up to 2 years for a second, and transporting a minor raises those maximums to 2 and 3 years. Separate criminal laws covering deaths or injuries caused by an impaired driver were not reviewed for this field.

If a driver refuses a test for alcohol or drugs (or fails one), the officer takes the Maryland license, may issue a 45-day paper license, and issues an Order of Suspension. The administrative suspension for test refusal is 270 days for a first offense and 2 years for a second.

The MVA defines a repeat offender as someone with more than one DUI in 5 years; repeat offenders face a 1-year suspension followed by 1 year in the Ignition Interlock Program (or eligible drivers may choose 1 year of interlock instead). Two DUI convictions in 5 years require Ignition Interlock Program participation. Points-based suspension lengths for DWI also depend on whether a second conviction comes less than 5 years after the first.

The MVA says DUI convictions are not eligible to be expunged from the Maryland driving record, along with other convictions or license sanctions that carry higher penalties if they happen again. On the criminal side, Maryland's list of misdemeanor convictions that can be expunged does not include the DUI law (Transportation § 21-902).

The MVA may issue a restrictive license during an alcohol-related suspension to a person who participates in its Ignition Interlock System Program. For a driver under 18 suspended for texting, the MVA may issue a restricted license limited to work, travel to and from work, or school.