Maryland · DUI

Maryland DUI laws and penalties

Maryland's legal BAC limit is 0.08%. For a first offense, Maryland's statute provides jail of up to 1 year and a fine of up to $1,200. The license hearing, the ignition interlock rule and the statute behind every figure are below.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: None; No higher tier in the law
Zero tolerance (under 21): 0.00%; Any trace may result in DUI
Lookback period: Varies; Prior DUI offenses that count

License hearing: ask within 10 days

Within 10 days of the order, to keep the 45-day temporary license in force; a request up to 30 days after the order is still scheduled but does not extend it. Count the days with the license-hearing window calculator.

Ignition interlock required after a first conviction

Higher BAC level. Criminal penalties do not change with the alcohol level. At 0.15 the administrative suspension after a second offense is longer (270 days instead of 180).

Ignition interlock. Six months in the Ignition Interlock System Program on a conviction or probation before judgment.

Lookback. 5 years for the second-offense mandatory minimum and the 1-year suspension; the second-offense maximum states no time limit.

Maryland sets only maximums for a first offense (1 year or $1,200, or both, with no mandatory jail); a second DUI conviction within 5 years carries a mandatory 5 days, a 1-year license suspension, and up to 2 years or $2,400. Ignition Interlock Program participation (6 months the first time) is mandatory on a conviction or probation before judgment, and a hearing on the administrative suspension must be requested within 10 days.

01Penalties

Maryland DUI penalties

Statutory ranges for standard DUI convictions (no accident, no minor in vehicle).

Maryland statutory DUI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	5 days
Jail (maximum)	1 year	2 years
Fine (minimum)	No minimum	No minimum
Fine (maximum)	$1,200	$2,400
License suspension	Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant	1 year suspension (restricted license available with ignition interlock participation)

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How Maryland compares

Of the 49 states with a confirmed BAC limit, 48 (Maryland among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Maryland requires one after every first conviction.

The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Maryland gives 10.

Maryland and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Delaware	0.08%	15 days	Required	Up to 12 months	$500 to $1,500	12 months
Maryland (this page)	0.08%	10 days	Required	Up to 1 year	Up to $1,200	Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant
Pennsylvania	0.08%	30 days	In some cases	Up to 6 months	$300	None
Virginia	0.08%	7 days	In some cases	Up to 12 months	$250 to $2,500	1 year
West Virginia	0.08%	No fixed deadline	In some cases	Up to 6 months	$100 to $500	6 months

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DUI case moves through the system in Maryland

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DUI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Within 10 days of the order, to keep the 45-day temporary license in force; a request up to 30 days after the order is still scheduled but does not extend it.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Maryland's statute provides jail of up to 1 year and a fine of up to $1,200. See the penalties table above.

04Sources

Where Maryland's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

Md. Code, Transp. § 21-902(a)(1) (mgaleg.maryland.gov)Main statute · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
Md. Code, Transp. § 11-174.1(a) (definition used in § 21-902(a)(1)(ii)) (mgaleg.maryland.gov)BAC limit, age 21 and over
Md. Code, Transp. § 16-205.1(b)(1)(i)2 (mgaleg.maryland.gov)Higher BAC level · License hearing request
Md. Code, Transp. § 16-113(b)(1) (mgaleg.maryland.gov)BAC limit under 21
Md. Code, Transp. § 16-404.1(d)(1)(i)1, (d)(3)(i) (mgaleg.maryland.gov)Ignition interlock, first offense
Md. Code, Transp. § 16-404(c)(2)(i); § 16-402(a)(40); § 16-404(a)(3)(ii); § 16-404.1(f)(2)(iii) (mgaleg.maryland.gov)First offense: license
Md. Code, Transp. § 16-205(e)(2)(i) (mgaleg.maryland.gov)Second offense: license

Show the exact words behind each figure

Main statute

Md. Code, Transp. § 21-902

Md. Code, Transp. § 21-902(a)(1)

(i) A person may not drive or attempt to drive any vehicle while under the influence of alcohol. (ii) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

BAC limit, age 21 and over

0.08%

Md. Code, Transp. § 11-174.1(a) (definition used in § 21-902(a)(1)(ii))

means having an alcohol concentration at the time of testing of 0.08 or more as measured by grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

Higher BAC level

None set by the law

Md. Code, Transp. § 16-205.1(b)(1)(i)2

1. ... for a test result indicating an alcohol concentration of 0.08 or more at the time of testing: A. For a first offense, suspend the driver's license for 180 days; ... 2. ... for a test result indicating an alcohol concentration of 0.15 or more at the time of testing: A. For a first offense, suspend the person's driving privilege for 180 days; or B. For a second or subsequent offense, suspend the person's driving privilege for 270 days;

BAC limit under 21

0.00%

Md. Code, Transp. § 16-113(b)(1)

the Administration shall impose on each licensee under the age of 21 years an alcohol restriction that prohibits the licensee from driving or attempting to drive a motor vehicle while having alcohol in

Lookback period

Varies (see the note on the page)

Md. Code, Transp. § 21-902(a)(1)(iv), (f)(2)(i)

within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

License hearing request

10 days

Md. Code, Transp. § 16-205.1(b)(3)(v)

The person has a right to request, at that time or within 10 days, a hearing to show cause why the

Ignition interlock, first offense

Required after a first conviction

Md. Code, Transp. § 16-404.1(d)(1)(i)1, (d)(3)(i)

(5) "Program" means the Ignition Interlock System Program. ... (d) (1) (i) Notwithstanding subsection (c) of this section, an individual shall be a participant if: 1. The individual is convicted of, or is granted probation before judgment under § 6-220 of the Criminal Procedure Article for, a violation of § 21-902(a) or (b) of this article; ... (3) Except as provided in § 16-205 of this title, an individual who is subject to this subsection shall participate in the Program for: (i) 6 months the first time

First offense: jail, minimum

None

Md. Code, Transp. § 21-902(a)(1)(iii)1

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

First offense: jail, maximum

1 year

Md. Code, Transp. § 21-902(a)(1)(iii)1

Same passage as above.

First offense: fine, minimum

No minimum

Md. Code, Transp. § 21-902(a)(1)(iii)1

Same passage as above.

First offense: fine, maximum

$1,200

Md. Code, Transp. § 21-902(a)(1)(iii)1

Same passage as above.

First offense: license

Revocation on 12 points; suspension of up to 6 months in lieu for an ignition interlock participant

Md. Code, Transp. § 16-404(c)(2)(i); § 16-402(a)(40); § 16-404(a)(3)(ii); § 16-404.1(f)(2)(iii)

(i) For a first conviction, not more than 6 months;

Second offense: jail, minimum

5 days

Md. Code, Transp. § 21-902(f)(2)(i), (f)(6)

(i) A person who is convicted of a violation of subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

Second offense: jail, maximum

2 years

Md. Code, Transp. § 21-902(a)(1)(iii)2

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

Second offense: fine, minimum

No minimum

Md. Code, Transp. § 21-902(a)(1)(iii)2

Same passage as above.

Second offense: fine, maximum

$2,400

Md. Code, Transp. § 21-902(a)(1)(iii)2

Same passage as above.

Second offense: license

1 year suspension (restricted license available with ignition interlock participation)

Md. Code, Transp. § 16-205(e)(2)(i)

the Administration shall suspend for 1 year the license of a person who is convicted of:

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

Maryland DUI laws at a glance