What happens if I get a DUI in Maryland?

Maryland is unusual in distinguishing between DUI (the more serious offense) and DWI (lesser impaired-driving offense), with separate per se thresholds for each.

1. Per Se BAC Standard

Md. Code Transp. § 21-902(a) sets DUI per se at 0.08% BAC; § 21-902(b) sets DWI per se at 0.07% BAC (a lesser included offense). Commercial limit is 0.04% under § 16-205.2; under-21 limit is 0.02% under § 16-113(b).

2. Implied Consent

Md. Code Transp. § 16-205.1 requires submission to chemical testing. First refusal triggers a 270-day license suspension (1 year if prior offense). The MVA imposes the suspension; you may request a hearing within 30 days at the Office of Administrative Hearings.

3. First-Offense Penalties

First DUI (BAC 0.08%+): up to 1 year jail, $1,000 fine, 6-month license suspension (12-month if BAC 0.15%+), 12 license points, alcohol education. First DWI (BAC 0.07%-0.079%): up to 60 days jail, $500 fine, 8-point assessment. Probation Before Judgment (PBJ) under § 6-220 of Crim. Proc. is available and avoids a conviction.

4. Enhancements

Second DUI under § 21-902(a)(2) is up to 2 years jail and $2,000 fine; third DUI is up to 3 years and $3,000. Life-Saving Equipment Act / Noah's Law makes ignition interlock mandatory for 6 months on first DUI conviction under § 27-107. DUI causing life-threatening injury (Crim. Law § 3-211) is a 3-year felony; vehicular manslaughter (§ 2-209) is a 10-year felony.

5. Administrative License Suspension (ALS)

The officer takes your license, issues a 45-day temporary permit and Order of Suspension. You have 30 days to request a hearing with the MVA Office of Administrative Hearings or elect the Ignition Interlock Program in lieu of suspension under § 16-205.1(b).

6. Court Process

Initial appearance, District Court arraignment, with right to demand jury trial (transfers to Circuit Court if penalty exceeds 90 days), motions practice (Md. Rule 4-252), plea bargaining (PBJ commonly negotiated).

7. Long-Term Consequences

SR-22 not required, but high-risk pool common; federal CDL disqualification for 1 year (49 C.F.R. § 383.51); DUI cannot be expunged if convicted under § 10-105, but PBJ may be expunged after 3 years (single lifetime expungement).

This is legal information, not legal advice.