A first-offense DUI in Maryland carries up to one year in jail, a fine of up to $1,200 and 12 points. A first DWI carries up to two months and $500 and 8 points. Separately, the MVA can suspend your license for 180 to 270 days after a failed or refused test, unless you act within 10 days.
- First DUI (max)1 year and/or $1,200 · 12 pointsTransp. §§ 21-902(a), 16-402
- First DWI (max)2 months and/or $500 · 8 pointsTransp. §§ 21-902(b), 16-402
- Refused the test270-day license suspension (first time)Transp. § 16-205.1
- Can a DUI be expunged?A conviction, no. A PBJ, after 15 yearsCrim. Proc. §§ 10-105, 10-110
Maryland DUI law is spread across the Transportation Article, the Criminal Procedure Article and the Courts Article, and it changed again in 2024. Fines went up, ignition interlock now reaches DWI and probation before judgment, and a DUI PBJ can finally be expunged. Much of what is online has not caught up.
This guide puts the current rules in one place, in plain language, with the statute behind every number. It covers the criminal case and the license case, because a Maryland DUI arrest starts both.
Jump to: DUI vs. DWI · Penalties · Repeat offenses · Your license and the MVA · Refusing the breath test · Ignition interlock · PBJ · Your record and expungement · The first 24 hours · FAQ
What is the difference between DUI and DWI in Maryland?
DUI is the more serious charge. Maryland separates impaired driving into two main offenses under Transportation § 21-902:
In practice, a DUI means the State says your normal coordination was substantially impaired or your BAC was 0.08 or more. A DWI requires less proof. Most DUI arrests are charged as both, and a reduction from DUI to DWI is a real, meaningful outcome: lower maximums, and 8 points instead of 12.
Maryland law also sets evidentiary lines below 0.08. A result of 0.05 or less creates a presumption that you were not impaired; 0.07 to just under 0.08 is evidence of DWI (Courts & Judicial Proceedings § 10-307). Separate offenses cover drugs and controlled substances. For a full BAC chart, see Maryland BAC limits explained.
What are the penalties for a first DUI in Maryland?
These are statutory maximums. Actual sentences for a first offense are often far lower, and many first offenses end in probation before judgment.
| Charge | First offense | Second offense | Points |
|---|---|---|---|
| DUI or DUI per se | Up to 1 year and/or $1,200 | Up to 2 years and/or $2,400 | 12 |
| DWI | Up to 2 months and/or $500 | Up to 1 year and/or $500 | 8 |
| DUI with a minor in the vehicle | Up to 2 years and/or $2,000 | Up to 3 years and/or $3,000 | 12 |
| DWI with a minor in the vehicle | Up to 1 year and/or $1,200 | Up to 2 years and/or $2,400 | 8 |
Source: Md. Code, Transportation § 21-902 and § 16-402. The DUI fines rose from $1,000 and $2,000 to $1,200 and $2,400 on July 1, 2024 (HB 1439, Ch. 718). Some government pages still show the old figures; the statute controls. Under § 16-404, 8 points in two years leads to suspension and 12 points to revocation.
Points are only part of the cost. Insurance, a possible ignition interlock requirement, alcohol education or treatment, and the effect on a job, a security clearance or a commercial license often matter more than the fine. Our guide to a first-offense DUI in Maryland walks through what typically happens in court.
What changes for a second or third DUI?
- Mandatory jail. A second DUI within five years of a prior carries a mandatory minimum of 5 days; a third or later within five years carries 10 days. These minimums cannot be suspended (§ 21-902(f)).
- Much higher maximums. A third offense carries up to 5 years and $5,000; a fourth or later up to 10 years and $10,000 (§ 21-902(h) and (i)). Those tiers have no look-back window.
- No PBJ. PBJ is not available if you had a DUI or DWI conviction or PBJ in the previous 10 years (Criminal Procedure § 6-220(f)).
- A mandatory assessment. Repeat offenders must complete an alcohol or drug assessment.
Our guide to mandatory minimum sentences in Maryland covers the repeat-DUI minimums in more depth.
What happens to your license after a DUI arrest?
The license case starts at the roadside, long before court. If you test at 0.08 or higher, or refuse, the officer takes your license and issues an Order of Suspension that doubles as a 45-day temporary license.
| Trigger | First time | Second or later |
|---|---|---|
| Test result 0.08 to 0.14 | 180-day suspension | 180 days |
| Test result 0.15 or more | 180-day suspension | 270 days |
| Refused the test | 270-day suspension | 2 years |
Source: Md. Code, Transportation § 16-205.1(b)(1)(i).
To keep driving while you contest it, you must request an MVA hearing within 10 days of the date on the Order of Suspension. You can still request a hearing up to day 30, but a late request does not extend the temporary license. Our MVA hearing guide explains what happens at the hearing and how to request it.
MVA deadline calculatorEnter the date on your Order of Suspension to see your day-10 and day-30 deadlines.Check my datesOne more rule people rarely hear about: driving within 12 hours of a DUI arrest is its own offense, with up to two months, a $500 fine and 8 points (§ 21-902.1).
Should you refuse a breathalyzer in Maryland?
Refusing is your right, but it is rarely the free pass people expect. There is no stand-alone crime for refusing a breath test in an ordinary case. But a refusal:
- triggers a 270-day suspension for a first refusal and 2 years for a second, longer than most test results;
- can be used as evidence at your criminal trial (Courts & Judicial Proceedings § 10-309);
- can add up to two months and $500 to a DUI or DWI sentence if the court finds a knowing refusal (§ 21-902(g)); and
- closes the door to a non-interlock restricted license; the only way to keep driving is a one-year interlock program.
The roadside preliminary breath test and field sobriety tests are a different matter from the evidentiary test at the station. If there is a crash involving death or a life-threatening injury, testing is required. Our guide to your rights at a Maryland traffic stop covers the stop itself.
Is ignition interlock required after a DUI in Maryland?
For most people now, yes. Since October 1, 2024, the MVA requires the Ignition Interlock Program after a DUI or DWI conviction, and after a probation before judgment, under Transportation § 16-404.1:
| Situation | Interlock period |
|---|---|
| First DUI or DWI conviction or PBJ | 6 months |
| Second | 1 year |
| Third or later | 3 years |
| DWI conviction plus a refusal finding | 1 year, court-ordered (§ 21-902.3) |
Source: Transportation §§ 16-404.1(d), 21-902.2 and 21-902.3; HB 105 (2024), Ch. 715. A court may also order a device for up to three years. Separately, a driver can elect interlock at the administrative stage instead of a hearing: about six months for a 0.08–0.14 result, one year for 0.15 or a refusal.
The administrative election and the post-conviction requirement are separate. Which comes first, and whether time in one counts toward the other, is one of the first things to sort out with a lawyer.
Can you get probation before judgment for a DUI?
Often, on a first offense. A PBJ means the judge finds the facts sufficient but strikes the guilty finding and places you on probation. Complete it and there is no conviction. For DUI cases the court must ordinarily require an approved alcohol or drug program, and it may require interlock (Criminal Procedure § 6-220(e)).
PBJ is not available if you had a DUI or DWI conviction or PBJ within the previous 10 years. And a DUI PBJ still counts as a prior for some later purposes, including interlock and the PBJ bar itself. Read more in probation before judgment, explained.
How long does a DUI stay on your record in Maryland?
A DUI or DWI conviction stays on your criminal record; it cannot be expunged. The expungement statute does not list § 21-902 among eligible convictions (Criminal Procedure § 10-110).
A DUI or DWI PBJ can be expunged, but only after 15 years. Since October 1, 2024, a petition may be filed 15 years after you were discharged from probation, provided you have not picked up another § 21-902 PBJ or a non-minor conviction in that window (Criminal Procedure § 10-105).
The MVA driving record is separate. Points count toward suspension or revocation within a two-year window, but the MVA does not expunge DUI entries that are needed to calculate repeat-offender penalties. Use our free expungement eligibility check, or see can you expunge a DUI in Maryland?
What should you do in the first 24 hours after a DUI arrest?
- Find your Order of Suspension and note the date it was issued.
- Mark day 10 and day 30 on your calendar.
- Write down everything you remember about the stop, the tests and what you were told.
- Do not discuss the case on recorded jail calls, by text or on social media.
- Do not drive on a suspended license, and do not drive within 12 hours of the arrest.
- Talk with a DUI lawyer before you request a hearing or elect interlock.
Our free First 24 Hours Defense Toolkit has printable checklists for exactly this.
How much does a DUI lawyer cost in Maryland, and is it worth it?
Fees vary with the charge, your record, whether there is an MVA hearing and whether the case goes to trial. Two rules worth knowing: Maryland lawyers cannot take a criminal case on a contingency fee (Maryland Rule 19-301.5(d)), so DUI defense is billed as a flat or hourly fee; and a good lawyer should tell you, in writing, exactly what the fee covers, including the MVA hearing.
Whether it is worth it usually comes down to the license, the points and the long-term record. At Cochran & Chhabra, consultations are confidential and complimentary, and we handle the MVA hearing and the court case together. See our DUI and DWI defense practice.
Frequently asked questions
What is the penalty for a first DUI in Maryland?
A first DUI or DUI per se carries a maximum of one year in jail and a $1,200 fine, plus 12 points. A first DWI carries up to two months and $500, plus 8 points. Actual first-offense sentences are often far lower, and many end in probation before judgment.
What is the difference between DUI and DWI in Maryland?
DUI under Transportation § 21-902(a) means driving under the influence of alcohol or with a BAC of 0.08 or more. DWI under § 21-902(b) means driving while impaired by alcohol to some degree. DUI is the more serious charge, with higher maximums and 12 points instead of 8.
Did Maryland DUI fines go up?
Yes. Under HB 1439 (2024), the maximum DUI fine rose from $1,000 to $1,200 for a first offense and from $2,000 to $2,400 for a second, effective July 1, 2024.
What happens if I refuse a breathalyzer in Maryland?
A first refusal brings a 270-day license suspension and a second brings two years. The refusal can be used as evidence at trial, and if you are convicted of DUI or DWI the court can add up to two months and $500 for a knowing refusal.
How long is ignition interlock required after a Maryland DUI?
Since October 1, 2024, the MVA requires interlock after a DUI or DWI conviction or PBJ: six months for a first, one year for a second, and three years for a third or later.
Can you get probation before judgment for a DUI in Maryland?
Often, on a first offense. PBJ is not available if you had a DUI or DWI conviction or PBJ in the previous 10 years, and the court ordinarily requires an alcohol or drug program.
Can a DUI be expunged in Maryland?
A DUI or DWI conviction cannot be expunged. A DUI or DWI probation before judgment can be expunged 15 years after discharge from probation, if no disqualifying PBJ or conviction occurred in that period.
How long does a DUI stay on your record in Maryland?
A DUI conviction stays on your criminal record permanently because it is not eligible for expungement. Points count toward suspension or revocation within a two-year window, and the MVA keeps DUI entries needed to calculate repeat-offender penalties.
Is a second DUI in Maryland mandatory jail?
A second DUI within five years of a prior carries a mandatory minimum of five days in jail, and a third within five years carries ten days. These minimums cannot be suspended.
Can a lawyer take a DUI case on contingency in Maryland?
No. Maryland Rule 19-301.5 prohibits contingent fees in criminal cases, so DUI defense is billed as a flat or hourly fee.
Sources
- Md. Code, Transportation § 21-902 — DUI, DWI and penalties
- Md. Code, Transportation § 16-205.1 — chemical tests, refusal and administrative suspensions
- Md. Code, Transportation § 16-402 — points
- Md. Code, Transportation § 16-404.1 — Ignition Interlock Program
- Md. Code, Criminal Procedure § 6-220 — probation before judgment
- Md. Code, Criminal Procedure § 10-105 — expungement, including DUI PBJ
- Md. Code, Criminal Procedure § 10-110 — convictions eligible for expungement
- Md. Code, Courts & Judicial Proceedings § 10-307 — BAC presumptions
- Md. Code, Courts & Judicial Proceedings § 10-309 — admissibility of refusal
- Fiscal and Policy Note, HB 1439 (2024) — DUI fine increase
- Fiscal and Policy Note, HB 105 (2024) — interlock and DUI PBJ expungement
Last updated October 19, 2026. This guide is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship. Laws change and every case turns on its facts. Prior results do not guarantee a similar outcome.