What are DUI/DWI penalties in Maryland?

Maryland uses a two-tier impaired driving framework under Md. Transportation Code § 21-902, which is unusual among states.

1. BAC Limits — DUI per se: .08% (Md. Code § 21-902(a)); DWI: .07-.079% or impairment to any extent; .04% for commercial drivers; .02% for drivers under 21 (under-21 alcohol restriction).

2. First DUI Offense (BAC .08+) — Misdemeanor: up to 1 year jail, up to $1,000 fine, 6-month license suspension, 12 points (revocation), and mandatory ignition interlock for 6 months (mandatory under Noah's Law, 2016, for ALL DUI convictions).

3. First DWI Offense (BAC .07-.079 or impairment) — Misdemeanor: up to 2 months jail, up to $500 fine, 6-month license suspension, 8 points.

4. Second DUI within 5 years — Misdemeanor: mandatory minimum 5 days jail, up to 2 years total, $2,000 fine, 1-year license suspension (revocation), IID for 1 year.

5. Second DWI within 5 years — Misdemeanor: up to 1 year jail, up to $500 fine, 9-month license suspension.

6. Third DUI within 5 years — Misdemeanor: up to 3 years jail, up to $3,000 fine, 18-month license revocation, IID for 3 years.

7. DUI with Minor Passenger (§ 21-902(g)) — Up to 2 years jail and $2,000 fine for first offense.

8. Probation Before Judgment (PBJ, Cts. & Jud. Proc. § 6-220) — Available once per lifetime for DUI/DWI; successful completion avoids a conviction. Cannot be used if there is a prior PBJ for DUI within 10 years.

9. Implied Consent (Md. Transp. § 16-205.1) — Refusing chemical test triggers 270-day license suspension for first refusal (2 years for second). Drivers may opt for the IID program to avoid hard suspension.

10. Ignition Interlock — Noah's Law — Mandatory for all DUI offenders for 6 months (1 year for second, 3 years for third).

11. Aggravating Factors — Minor passenger; high BAC; accident causing injury all enhance penalties.

This is legal information, not legal advice.