Maryland DUI/DWI Laws & Penalties
A Summary of Maryland’s Drunk Driving/DUI/DWI laws and maximum penalties.
The following is a summary of penalties for Drunk Driving / DUI / DWI and related charges under Maryland Laws.
A DWI is charged in cases of impairment by drugs, other dangerous substances, or alcohol at a level of .07 BAC or less. (see my DWI laws page.)
A DUI is charged in cases of impairment/intoxication if you are determined to have a BAC of .08 or higher.
Usually defendants are given citations for both DWI and DUI when they are arrested. The State usually proceeds on a DWI if there is no breath result, or a breath result of .07 to .08. However, if there is a breath result of .08 or higher, the State usually proceeds on the DUI charge.
Penalties are enhanced if you have a minor child in the car with you while found to be driving impaired or under the influence.
You will face separate and additional license suspension penalties apart from a criminal sentence, from the Maryland MVA if you are found guilty of these charges.
Important Note: You have only 10 days after being arrested to request a hearing with the MVA to attempt to keep your license and challenge the initial suspension. We can help with MVA hearings as well as criminal drunk driving charges.
DUI – Driving Under the Influence of Alcohol in Maryland
Driving Under the Influence of Alcohol—1st offense / First Offense
- Maximum—1 year
Driving Under the Influence of Alcohol—2nd offense / Second Offense
- Maximum: 2 years in jail
- Minimum: 5 days in jail if within 5 years of prior conviction
- Fine: $2,000
Driving Under the Influence of Alcohol—Third/3rd or Subsequent offense
- Maximum: 3 years in jail
- Mandatory Minimum 10 days in jail if within 5 years of prior conviction
- Fine: $3,000
Driving Under the Influence of Alcohol While Transporting a Minor—1st offense
- Maximum—2 years
Driving Under the Influence of Alcohol While Transporting a Minor—2nd offense
- Maximum—3 years
- Minimum—5 days if within 5 years of prior conviction
Driving Under the Influence of Alcohol While Transporting a Minor—3rd or Subsequent offense
- Maximum—4 years;
- Minimum—10 days if within 5 years of prior conviction
Call For a Legal Consultation on Your Maryland Drunk Driving / DUI/DWI Charges
Maryland drunk driving cases can be challenged and won. To find out what I can do to help you protect your rights and freedom to drive, call (888) 452-4344.
Call me at (888) 452-4344 for my legal opinion on a defense of you Maryland DUI arrest. My drunk driving case evaluation is free.