DUI Laws in Maryland: Penalties, BAC Limits & License Suspension

In Maryland, this offense is split into two separate charges: "driving under the influence" (DUI) and the lesser "driving while impaired" (DWI). The per se BAC limit that triggers a DUI charge is 0.08%. If you were arrested, the Motor Vehicle Administration (MVA) can suspend your license before your criminal case is ever heard — and you typically have only about 10 days from the date of your arrest to request a hearing that keeps your driving privileges intact while you fight it. Missing that window is one of the most common and costly mistakes people make after a DUI stop. Read on for what to do first.

What Maryland calls this offense

Unusually among the states, Maryland's Transportation Article §21-902 defines two distinct alcohol-driving offenses rather than treating "DUI" and "DWI" as interchangeable labels:

• Driving Under the Influence of Alcohol / "Under the Influence Per Se" (DUI) — the more serious charge, generally tied to a BAC of 0.08% or higher.
• Driving While Impaired by Alcohol (DWI) — a lesser offense based on evidence that alcohol affected your driving, typically associated with a BAC below 0.08%.

Both carry separate penalty schedules, and which one you're charged with can significantly change your exposure — a distinction worth discussing with a Maryland criminal defense attorney if you're facing charges.

Maryland's BAC limits

• General (adult, non-commercial) per se limit: 0.08%. This is the same 0.08% threshold used nationwide.
• DWI threshold: Maryland also allows a "driving while impaired" charge without meeting the 0.08% per se number, based on evidence of impairment, and commonly discussed in connection with BAC readings below 0.08%.
• Commercial driver's license (CDL) holders: 0.04% while operating a commercial vehicle.
• Drivers under 21: 0.02%. Maryland's Transportation Article §16-113 places an alcohol restriction on every license issued to someone under 21, so even a small amount of alcohol can trigger a violation. Note the number is 0.02%, effectively a zero-tolerance rule — not a literal 0.00% reading.
• "Aggravated" or high-BAC tier: Maryland does not have a separately named "aggravated DUI" criminal charge triggered purely by a very high BAC. A high reading (0.15% or above) can, however, lengthen the administrative license suspension and interlock terms and influence sentencing and plea negotiations. Confirm current practice with the court or a local defense lawyer, since charging practices can evolve.

Implied consent and refusing a breath or blood test

By driving in Maryland, you've legally agreed to submit to a chemical test if lawfully arrested for suspected impaired driving (Transportation Article §16-205.1). Refusing that test doesn't avoid consequences — it triggers its own separate, automatic license suspension, independent of whatever happens with the underlying DUI/DWI charge.

• First refusal: a 270-day (nine-month) license suspension — longer than the suspension for simply failing the test. A subsequent refusal carries a longer suspension (commonly cited at two years).
• Refusing generally can also be introduced as evidence in your criminal case, and prosecutors may argue it suggests consciousness of guilt.
• Maryland's ignition interlock program (created under "Noah's Law") may let some drivers install an interlock device instead of serving the full suspension. Eligibility rules change, so ask the MVA or a defense attorney whether it applies to you.

The administrative suspension — and your short deadline to fight it

This is the part people miss. Separate from any criminal court date, the MVA can suspend your license through an administrative process — sometimes called an "administrative per se" suspension — based solely on a failed or refused chemical test, regardless of how the criminal case turns out.

• At the time of your arrest, the officer typically issues an Order of Suspension (the DR-15/DR-15A paperwork) that also functions as a temporary license, commonly valid for about 45 days.
• To make sure your suspension doesn't take effect before you get a hearing, you generally need to request an MVA hearing within about 10 days of that order. Requesting later — up to a roughly 30-day outer limit — may still get you a hearing, but your license can be suspended in the meantime.
• Hearing requests are made to the MVA and are heard by Maryland's Office of Administrative Hearings; a filing fee typically applies (commonly cited around $150 — confirm the current amount and payee on your form).
• Miss the deadline entirely, and the suspension simply takes effect on its own — no hearing needed to enforce it.

Bottom line: if you were just arrested, treat the hearing-request deadline as more urgent than your court date. Confirm the exact number of days and the filing address printed on your own paperwork, and call the MVA if anything is unclear — this deadline is short and largely non-negotiable.

First-offense penalties

Exact numbers can shift as the legislature amends the code, so treat the following as the general pattern and confirm current amounts with the Maryland Courts, the MVA, or a defense attorney before relying on them:

• License suspension: a first test failure at 0.08% or above carries a 180-day administrative suspension (a first refusal carries 270 days), on top of whatever criminal sentence follows a conviction.
• Ignition interlock: Under Noah's Law, Maryland now requires participation in the Ignition Interlock Program for essentially all DUI/DWI dispositions — including first offenses and cases resolved with "probation before judgment" (a prior exception that was closed effective October 1, 2024). Expect a minimum participation period measured in months, not weeks.
• Jail and fines: DUI and DWI carry different maximum exposures, with DUI generally allowing for a longer possible jail term and a higher maximum fine than DWI. Actual sentences for a first offense, especially without aggravating facts, are frequently far below the statutory maximum — but the maximums exist and matter for negotiating. Confirm the current statutory caps with the Maryland Courts rather than relying on any single number you read online.
• Points: a conviction adds points to your Maryland driving record, which can itself trigger separate MVA suspension action under the state's point system.

Lookback period — how long a prior DUI follows you

Maryland treats a prior alcohol-driving conviction as a "repeat offense" for enhancement purposes — including tougher interlock and suspension terms — when it falls within a roughly five-year lookback window. Because enhancement rules and their exact reach have been amended over time, confirm the current lookback period that applies to your specific charge with the MVA or a defense attorney.

When a DUI becomes a felony in Maryland

This surprises a lot of people: unlike many states, Maryland generally does not automatically elevate a DUI to a felony just because you have a certain number of prior convictions. A repeat DUI/DWI in Maryland is typically still prosecuted as a misdemeanor, just with tougher mandatory terms (longer interlock, longer suspension, higher fines). What does turn impaired driving into a felony in Maryland is causing another person's death while driving under the influence or impaired — charged as "homicide by motor vehicle while under the influence/impaired" (Criminal Law §§2-503 and 2-504) or, in some cases, manslaughter by vehicle. These are felony-level charges carrying substantially more prison exposure, and penalties increase further if the driver has a prior qualifying conviction. Notably, even causing a life-threatening injury (short of death) while impaired is treated as a serious misdemeanor rather than a felony under current law — though still carrying years of possible imprisonment. Separately, driving impaired with a minor passenger in the vehicle doesn't create a felony, but it does substantially increase the maximum penalties for the underlying DUI/DWI charge. Because these classifications and their penalties can change, confirm the current law with a Maryland criminal defense attorney if a death, serious injury, or a minor passenger is involved in your case.

What to do after a DUI arrest in Maryland

1. Find and read your Order of Suspension (DR-15/DR-15A) immediately and identify the exact deadline printed on it for requesting an MVA hearing. Do not assume you have 30 days — the safe deadline to protect your driving privileges is commonly about 10 days.
2. Request the MVA hearing in writing before that deadline, following the instructions and address on your paperwork, and be prepared for a filing fee.
3. Note your temporary license expiration date and don't rely on it lasting longer than the period stated on the form.
4. Contact a Maryland criminal defense attorney promptly — the administrative (MVA) case and the criminal case are separate proceedings with separate deadlines and separate strategies, and a lawyer can often handle the MVA hearing request on your behalf.
5. Ask about the ignition interlock program as an option to keep driving through some or all of an administrative suspension period, if you qualify.
6. Do not drive on a suspended license while sorting this out — that can create new, separate charges on top of the DUI/DWI case.
7. Gather your own documentation — arrest paperwork, the citation, the time of the stop, and any test results — and keep it together for your attorney.

This article is general legal information about Maryland law, not legal advice for your specific situation — confirm current deadlines, BAC figures, and penalties with the Maryland MVA, the Maryland Courts, or a licensed Maryland defense attorney.