Maryland DUI Laws

They are two distinct crimes in the same statute, and Maryland’s labels run opposite to some states’. DUI — driving under the influence of alcohol (§ 21-902(a)) — is the more serious offense, proven either by impairment evidence or per se by a test of 0.08 or more; a first offense carries up to 1 year in jail and/or a $1,200 fine, 12 points, and license revocation exposure. DWI — driving while impaired by alcohol (§ 21-902(b)) — is the lesser offense requiring a lower degree of impairment; a test of at least 0.07 but under 0.08 is prima facie evidence, and a first offense carries up to 2 months and/or $500, 8 points, and suspension exposure. Both offenses trigger the mandatory Ignition Interlock System Program on conviction or probation before judgment. The two penalty ladders never mix — but at the third offense, prior convictions under either offense (plus the drug variants and boating) count toward the same § 21-902(h) crime.

The per se DUI threshold is 0.08: a test result of 0.08 or more at the time of testing makes you "under the influence of alcohol per se" (§ 11-174.1; Cts. & Jud. Proc. § 10-307(g)). Below that, the evidence tiers matter: at least 0.07 but under 0.08 is prima facie evidence of the lesser DWI offense; above 0.05 to under 0.07 is a neutral zone with no presumption either way; and 0.05 or less is PRESUMED not impaired and not under the influence — a rebuttable presumption, not an absolute bar (§ 10-307(b)-(d)). So yes: a driver under 0.08 can still be convicted, most readily of DWI in the 0.07 band. Commercial drivers face a 0.04 disqualification threshold plus a no-detectable-alcohol out-of-service rule (§§ 16-812, 16-813), and every driver under 21 has a zero-alcohol license restriction for which a 0.02 test is prima facie proof of violation (§ 16-113; § 10-307(f)).

A first DUI conviction (§ 21-902(a)) is a misdemeanor carrying up to 1 year in jail and/or a fine of up to $1,200 — the fine ceiling was raised from $1,000 effective June 1, 2025 — with no mandatory minimum jail and no minimum fine (§ 21-902(a)(1)(iii)1). The conviction adds 12 points, which requires the MVA to revoke your license; the earliest reinstatement after a first revocation is 6 months (§§ 16-402(a)(40), 16-404, 16-208(b)(2)). Separately, the arrest itself typically brings a 180-day administrative suspension for a test of 0.08 to 0.14, with an ignition-interlock election or hardship-restricted license available (§ 16-205.1). Since October 1, 2024, Ignition Interlock System Program participation is mandatory on conviction OR probation before judgment — 6 months for a first required participation (§ 16-404.1(d)). A true first offender is generally eligible for probation before judgment, which avoids a conviction but not the interlock.

DWI (§ 21-902(b)) is Maryland’s lesser impaired-driving offense. A first conviction carries up to 2 months in jail and/or a $500 fine; a second carries up to 1 year — but the fine ceiling stays at $500, an unusual statutory asymmetry (§ 21-902(b)(1)(ii)). For the DWI ladder, ALL prior § 21-902-family and boating convictions count, with no time window ((b)(1)(iii)). A DWI conviction adds 8 points, bringing a suspension — up to 60 days under § 16-205(c), and up to 6 months for a first conviction on the points ladder, rising to 9, 12, then 24 months depending on conviction spacing (§ 16-404(c)(2)). Drug-impaired driving under § 21-902(c) carries these same penalties. DWI convictions and PBJs trigger the same mandatory Ignition Interlock System Program participation as DUI (§ 16-404.1(d)(1)), and a DWI conviction with a proven test refusal requires a court-ordered year on the interlock (§ 21-902.3).

A second DUI conviction carries up to 2 years in jail and/or a fine of up to $2,400 (§ 21-902(a)(1)(iii)2; the fine ceiling rose from $2,000 effective June 1, 2025). If the new conviction falls within 5 years of a prior conviction under the same subsection, a MANDATORY minimum of 5 days applies — not suspendable — along with a court-ordered alcohol abuse assessment and any recommended treatment; a third within 5 years raises the floor to 10 days (§ 21-902(f)). On the license side, a second § 21-902(a) conviction within 5 years brings a mandatory 1-year suspension, with a restricted license available only through the Ignition Interlock Program, plus an interlock tail of at least 6 months on every vehicle you own afterward (§ 16-205(e)); the 12-point revocation and a 3-year zero-alcohol restriction after two convictions within 5 years also apply (§§ 16-404, 16-113(g)). Interlock participation is mandatory again — 1 year for a second required participation (§ 16-404.1(d)(3)). Probation before judgment is barred if your prior conviction or PBJ was within the preceding 10 years (Crim. Proc. § 6-220(f)(1)).

No — Maryland has no felony DUI. Even the repeat-offender crimes are statutory misdemeanors, though the exposure is serious: a THIRD offense (after 2 prior convictions of any of § 21-902(a)-(d) or boating under the influence, counted over your lifetime with no window) is a distinct crime carrying up to 5 years and $5,000 (§ 21-902(h)); a FOURTH or subsequent offense (3 or more priors), or any § 21-902 offense after a prior conviction for impaired-driving homicide, life-threatening injury, or manslaughter by vehicle, carries up to 10 years and $10,000 (§ 21-902(i)). Both add 12 points (§ 16-402(a)(48); Chapter 568 of 2025 added the fourth-offense point item effective June 1, 2025), and revocation reinstatement waits reach 18 months to 2 years by revocation count — with any combination of 3 or more lifetime alcohol-related driving incidents (convictions, PBJs, refusals, or 0.10-or-more tests) forcing an MVA investigation before reinstatement (§ 16-208(b)). Felony charges arise only when someone is killed — see the homicide-by-vehicle crimes.

Two independent tracks run at once — and they are credited against each other, never added. The ADMINISTRATIVE track starts at the stop: the officer confiscates your license, serves an order of suspension, and issues a 45-day temporary license; you have 10 days to request a hearing without losing the temporary license (30 days outer limit) or you may elect the Ignition Interlock Program instead (§ 16-205.1(b), (f), (g)). The administrative suspension is 180 days for a test of 0.08 to 0.14 (first AND second offense), 180 then 270 days at 0.15 or more, and 270 days then 2 years for refusal; fatal-accident cases run 6 months up to revocation. A 0.08-to-under-0.15 non-elector may seek a hardship-restricted license (§ 16-205.1(o)); at 0.15-plus or refusal, modification comes ONLY through 1 year of interlock (§ 16-205.1(p)). The CONVICTION track then adds points: 12 points and revocation for DUI, 8 points and suspension for DWI, plus mandatory suspensions for repeat or under-21 offenders (§§ 16-402, 16-404, 16-205). The administrative outcome is independent of the criminal case (§ 16-205.1(m)), and same-incident suspensions run concurrently with only the longest one served (§ 16-205.1(i)).

Almost always, yes — Maryland’s Noah’s Law regime is among the broadest in the country. Program participation is MANDATORY for every person convicted of — or granted probation before judgment for — DUI (§ 21-902(a)) or DWI (§ 21-902(b)): 6 months the first time you are required to participate, 1 year the second, and 3 years the third or later (§ 16-404.1(d), as expanded by Chapter 715 of 2024, effective October 1, 2024 — the old PBJ exception is gone). Interlock participation is also the administrative election in lieu of suspension (180 days at 0.08-0.14; 1 year at 0.15-plus or refusal, § 16-205.1(g)), the ONLY path to a restricted license after a 0.15-plus test or refusal (§ 16-205.1(p)), court-ordered for 1 year on a DWI or drug-impaired conviction with a proven refusal (§ 21-902.3), and available by court order for up to 3 years in any (a)/(b) case (§ 21-902.2). Drug-only convictions under § 21-902(c) or (d) are NOT in the automatic trigger — they reach the Program through license actions or court orders. Completing the Program requires 3 consecutive violation-free final months, and fees are waived for indigent participants (§ 16-404.1(k), (n)). One more expansion is signed but not yet effective: from October 1, 2026, an alcohol-restriction violation at ANY age will require interlock participation as a condition of any suspension modification or restricted license (Chapters 80 and 81 of 2026).

Refusal is not a standalone crime, but it costs more than failing the test. Administratively, a first refusal brings a 270-day suspension and a second brings 2 years (§ 16-205.1(b)) — versus 180 days for an ordinary test failure — and a refusal forecloses the ordinary hardship-restricted license: modification comes only through 1 year in the Ignition Interlock Program (§ 16-205.1(p)). Criminally, if you are convicted of a § 21-902 offense and the trier of fact finds beyond a reasonable doubt that you knowingly refused, the court may add up to 2 months and/or $500 — but only if the State’s Attorney served advance notice of the refusal allegation (§ 21-902(g)). A DWI or drug-impaired conviction with a proven refusal requires a court-ordered year on the interlock (§ 21-902.3). The refusal is admissible in evidence at trial (§ 10-309(a)(2)). You cannot refuse after an accident that causes a death or life-threatening injury — testing is compelled (§ 16-205.1(c)) — and an initial refusal can be withdrawn only by an unequivocal, timely consent, generally within 2 hours of apprehension for alcohol tests (§ 16-205.1(h)). Commercial drivers who refuse are disqualified for at least a year, and for life on a second offense (§ 16-812).

Probation before judgment (PBJ, Crim. Proc. § 6-220) stays the entry of judgment: you plead or are found guilty, but the court withholds the conviction and imposes probation with conditions — in DUI cases, typically an alcohol assessment and treatment or education program, and optionally an interlock order (§ 6-220(e)(1)). Three things are simultaneously true. First, a completed PBJ discharge is NOT a conviction for any legal disqualification (§ 6-220(i)(3)) — it does not count toward the criminal repeat-offender penalties or the third/fourth-offense crimes. Second, it still has real consequences: since October 1, 2024, a PBJ for DUI or DWI triggers the same mandatory Ignition Interlock Program participation as a conviction (§ 16-404.1(d)(1); Chapter 715 of 2024), and a PBJ counts as an "alcohol-related driving incident" toward the lifetime 3-incident reinstatement investigation gate (§ 16-208(b)(7)). Third, PBJ is a roughly once-a-decade opportunity: it is barred if you had any § 21-902-family conviction OR prior PBJ within the preceding 10 years (§ 6-220(f)(1)). The administrative license suspension from the arrest is unaffected by the criminal disposition (§ 16-205.1(m)).

Every Maryland license issued to a driver under 21 carries a zero-alcohol restriction — no driving with any alcohol in the blood — that expires at 21 (§ 16-113(b)). A test of 0.02 or more is prima facie evidence of violating it (§ 10-307(f)); the violation is its own misdemeanor (up to 2 months and/or $500, § 16-113(j), (l)(1)) and triggers the administrative per se process. If the driver is actually convicted under § 21-902, the MVA MUST suspend the license — 1 year for a first conviction, 2 years for a second or subsequent — overriding the discretionary adult rules, with credit for related administrative suspensions (§ 16-205(d-1)). An under-21 driver convicted of § 21-902(a), (b), or (c) can also be required to spend up to 3 years in the Ignition Interlock Program to keep the license (§ 16-113(b)(4)), and under-21 restriction violations make interlock participation a condition of any modified or restricted license (§ 16-404.1(d)(2)). The full adult criminal penalties apply on top — there is no youth discount on the § 21-902 ladders.

Yes, under two different subsections. Section 21-902(c) covers driving while so far impaired by any drug, combination of drugs, or drug-alcohol combination that you cannot drive safely — penalized at the lesser DWI level (up to 2 months/$500 first offense). Being legally entitled to the drug — including prescription or medical use — is NOT a defense unless you were unaware it would impair you (§ 21-902(c)(1)(iv)). Section 21-902(d) covers driving impaired by a controlled dangerous substance you are not entitled to use, penalized at the full DUI level (up to 1 year/$1,200 first offense). Maryland has no per se THC or drug concentration — impairment is proven by evidence, including drug-recognition-expert procedures on the testing side (§ 16-205.1(j)) — and recreational cannabis legalization did not create a driving number. Drug-only (c)/(d) convictions are not in the automatic ignition-interlock trigger, though they can reach the Program through license actions or court orders (§ 16-404.1(c)-(d)).

A minor in the vehicle converts the charge to a separate enhanced offense: DUI while transporting a minor carries up to 2 years/$2,000 for a first offense and 3 years/$3,000 for a second, and the DWI/drug-impaired minor-transport versions carry 1 year/$1,200 then 2 years/$2,400 (§ 21-902(a)(2), (b)(2), (c)(2), (d)(2)). A DEATH is charged under separate Criminal Law felonies: homicide by motor vehicle under the influence or per se (up to 5 years/$5,000; 10 years/$10,000 with a qualifying prior, § 2-503), while impaired by drugs or a controlled dangerous substance (same ladder, §§ 2-505, 2-506), while impaired by alcohol (a lower 3-year ceiling, § 2-504), or gross-negligence manslaughter by vehicle (up to 10 years, § 2-209). A LIFE-THREATENING INJURY while impaired is a misdemeanor family (2 to 3 years base, 5 years with a prior, § 3-211). These convictions bring mandatory license revocation — including for any § 21-902 conviction that contributed to a death or life-threatening injury, or leaving such a scene (§ 16-205(b), expanded effective October 1, 2025) — with a 5-year reinstatement wait (§ 16-208(b)(6)), and any one of them permanently elevates a later ordinary DUI to the 10-year crime (§ 21-902(i)). Testing is compelled after death or life-threatening-injury accidents (§ 16-205.1(c)).