The penalty for a DUI in Maryland depends heavily on three things: whether you’re charged with DUI or the lesser offense of DWI, how many prior convictions you have, and whether aggravating factors a high BAC, a minor passenger, a refusal to test are part of your case. This page breaks down what the law actually provides for, offense by offense.
DUI vs. DWI: Maryland’s Two Tiers of Impaired Driving
Maryland law recognizes two distinct impaired-driving offenses, and which one you’re charged with matters a lot for sentencing.
DUI (Driving Under the Influence) applies when a driver’s BAC is .08% or higher, or when the prosecution proves the driver was under the influence to a substantial extent. This is the more serious of the two charges.
DWI (Driving While Impaired) is a lesser offense, applying at a BAC of .07% or when impairment a lower standard than “under the influence” can be shown. Penalties for DWI are meaningfully lower than for DUI.
Both are prosecuted under Transportation Article §21-902.
DUI Penalties by Offense Number
First offense: up to 1 year in jail and a fine (commonly cited in the $1,000–$1,200 range depending on the specific provision applied)
Second offense within 5 years: a mandatory minimum of 5 days in jail, up to 2 years total, plus a higher maximum fine and a required alcohol/drug assessment with any recommended treatment
Third or subsequent offense: up to 5 years in jail and a fine that can reach $5,000, with a mandatory minimum of 10 days if you have two priors within 5 years
With a minor passenger in the vehicle: additional jail time and fines are added on top of the above, regardless of offense number
DWI Penalties by Offense Number
DWI, being the lesser charge, carries lighter maximums generally in the range of 60 days in jail and a $500 fine for a first offense, scaling up for repeat offenses, though not as steeply as DUI. Because the two offenses carry meaningfully different exposure, which one the state actually charges — and whether your attorney can negotiate a DUI down to a DWI matters a great deal to the outcome.
What Happens at a Higher BAC: Noah’s Law
Maryland doesn’t have a separate “extreme DUI” charge the way some other states do. What it has instead is Noah’s Law (2016), which requires mandatory ignition interlock installation for certain convictions — including cases where BAC was .15% or higher, DUI convictions generally, and test refusals. This is the mechanism Maryland actually uses to impose stiffer consequences at higher BAC levels: not a separate charge, but a mandatory interlock requirement layered on top of the standard DUI penalty.
License Suspension
Separate from the criminal penalty, a DUI or DWI conviction triggers action against your license through the MVA — this is the administrative case we cover in detail in our guide to the MVA hearing vs. the criminal case. In general terms, suspension length increases with each subsequent offense, and refusing the chemical test carries its own, typically longer, suspension separate from a conviction. You’ll receive a temporary paper license valid for a limited window after arrest before any suspension takes effect.
Probation Before Judgment (PBJ)
Most first-time offenders in Maryland qualify for Probation Before Judgment under the Criminal Procedure Article. A PBJ keeps a conviction off your record entirely if you complete probation successfully it’s one of the most consequential things a defense attorney can negotiate for a first-time client, since it affects employment background checks, insurance rates, and future sentencing exposure if you’re ever charged again.
First vs. Second Offense: Why It’s Not Just “Double”
The jump from a first to a second DUI in Maryland isn’t a simple doubling of penalties mandatory minimums kick in, PBJ eligibility narrows, and the MVA treats repeat offenders differently. We go into this specific comparison in more depth in our first DUI vs. second DUI guide.
Frequently Asked Questions
What’s the difference between a Maryland DUI and DWI? DUI applies at a BAC of .08% or above, or when the prosecution proves the driver was under the influence to a substantial extent. DWI is the lesser charge, applying at .07% BAC or a lower standard of impairment, and carries lighter maximum penalties.
Can a first DUI result in jail time in Maryland? Yes, up to a year is legally possible, though many first-time offenders with no aggravating factors are eligible for Probation Before Judgment, which can avoid both a conviction and active jail time.
Does Maryland have an “extreme DUI” charge like some other states? No. Maryland doesn’t use that classification. Higher BAC levels are addressed through Noah’s Law, which mandates ignition interlock installation rather than creating a separate charge tier.
How long does license suspension last after a DUI in Maryland? It depends on your offense number and whether you refused testing — refusals generally carry longer suspensions than a straightforward conviction, and suspensions lengthen with repeat offenses.
Will I automatically go to jail for a second DUI? A second DUI within 5 years carries a mandatory minimum of 5 days, so unlike a first offense, some jail time is a real possibility rather than a maximum that’s rarely applied.
Talk to a Maryland DUI Attorney About Your Specific Exposure
The ranges above are the legal maximums and minimums — what actually happens in your case depends on your BAC, your record, the jurisdiction, and the specific facts of your stop. If you’re facing a DUI or DWI charge, our Maryland DUI defense attorneys can tell you what you’re realistically facing and what can be done about it.
About the Author
Richard A. Finci has practiced criminal and traffic law in Maryland since 1984. He is a former President of the Maryland Criminal Defense Attorney Association and former Chair of the Criminal Law Section of the Maryland State Bar Association. Rick has been selected to the Super Lawyers® list for Maryland and the District of Columbia. View full attorney profile →