The State of Maryland prohibits drinking and driving. If you drink and drive, you may be arrested, fined, and/or sentenced to jail time. The following is for general informational purposes only and you should consider hiring a lawyer to represent you in court.
Topics on this page
- Definition of DUI/DWI
- Traffic Stop
- The Administrative Hearing for License Suspension
- Ignition Interlock Program
- Criminal Proceedings for DWI or DUI
- Points
- Commercial License Drivers
Driving Under the Influence (DUI) / Driving While Impaired (DWI)
In Maryland, there are two types of drinking and driving offenses, driving while under the influence and driving while impaired.
Driving While Under the Influence
Commonly referred to as “DUI”, this is the most serious drinking and driving offense. A person can be charged with DUI if they are found to be driving with a blood alcohol concentration (BAC) of .08 or greater. At this level, the person is assumed to be under the influence of alcohol. Maryland law calls a BAC of .08 or above “under the influence per se.”
Driving While Impaired
Commonly called “DWI,” this is a lesser, but still serious offense. A person can be charged with DWI if they are found driving with blood alcohol concentration (BAC) of .07. At this level, the person is assumed to be impaired by alcohol.
Driving While Impaired By Drugs
It is crime to drive while impaired by drugs (even legal drugs), a combination of drugs and alcohol, or controlled dangerous substances. Driving with any combination of drugs and alcohol that prevent you from driving safely is illegal.
A person under the age of 21 who drives with any alcohol in their system is breaking the law. If that person is caught, they will be arrested and charged with a DUI.
Read the Law: Md. Code, Transportation §21-902, §11-174.1
Traffic Stop
When a police officer suspects that a person is driving, or attempting to drive, while impaired or under the influence of alcohol, the officer will ask to test the driver’s blood alcohol concentration (BAC). If the driver takes the test and the result is a BAC of .08 or above. or if the driver refuses to take the test), the officer will confiscate the person’s driver license. The State of Maryland will then suspend the person’s driver’s license. You will receive a temporary paper license that allows the driver to drive for 45 days. The suspension begins on the 46th day.
License suspensions range from 180 days to 2 years, depending on the amount of alcohol and if the person has previous drunk driving offenses. There are increased penalties for drivers who are transporting children while impaired or under the influence of alcohol.
Read the Law: Md. Code, Transportation § 16-205.1
The Administrative Hearing for License Suspension
The driver has a right to ask the Maryland Motor Vehicle Administration (MVA) for a hearing to review a license suspension. A request for a hearing must be sent in within 30 days of the date the order for suspension was issued. If you do not want your driving privilege to be suspended prior to your hearing, you must send a request for a hearing within 10 days of the traffic stop. If you do not request a hearing, the suspension will automatically begin on the 46th day.
If the driver requested a hearing within 30 days, but not within 10 days, the suspension will automatically begin on the 46th day. A request made after the 10 days does not extend a temporary license issued by the police officer. A hearing request postmarked after the 30th day will be denied.
At the hearing, the only facts that the MVA will consider are:
- Did the police officer have reasonable grounds to believe the person was driving or attempting to drive while under the influence of or impaired by alcohol or drugs
- Was there evidence the driver used alcohol or drugs
- Did the police officer request that the driver take a test and advise the driver of the penalties for refusal or a failed test
- Did the driver refuse to take the test
- Did the person who drove or attempted to drive have an alcohol concentration of 0.08 or more at the time of testing;
- Did the person who drove or attempted to drive have an alcohol concentration of 0.15 or more at the time of testing;
- If the hearing involves a commercial driver’s license:
- Was the person operating a commercial vehicle
- Did the person have a commercial driver’s license
- Was the person involved in a motor vehicle accident that resulted in the death of another person.
Read the Law: Md. Code, Transportation § 16-205.1
If, at the end of the hearing, the MVA’s Administrative Law Judge believes the driver was properly pulled over, warned, and failed or refused to take the test, the judge will suspend the person’s license.
Ignition Interlock Program
Under certain circumstances, a driver can ask to participate in the Ignition Interlock System Program. Under the program, a driver can only operate a motor vehicle that is equipped with an ignition interlock device. An ignition interlock is a camera enabled device that connects a motor vehicle's ignition system to a breath analyzer that measures a driver’s alcohol concentration. The ignition interlock will prevent a car from starting if the system detects alcohol. The MVA has more information about this program on its website.
Read the Law: Md. Code, Transportation § 16-205.1, 21-902.2
Criminal Proceedings for DWI or DUI
If a person is arrested for Driving While Impaired (DWI) or Driving Under the Influence (DUI), they will be charged with a crime and must appear in court. In Maryland, both DWI and DUI are classified as misdemeanor offenses.
If a person is found guilty, they face serious penalties, including fines and jail time. Penalties can range from a $500 fine and up to two months in jail, to as much as a $5,000 fine and up to five years in jail.
The penalties are more severe if:
- the driver was transporting a minor at the time of the offense, or
- The driver has previous DWI or DUI convictions.
Read the Law: Md. Code, Transportation § 21-902, 27-101
Points
The Motor Vehicle Administration will put “points” on the record of any driver convicted of a DUI or DWI. Points stay on the driver’s record for two years.
- A driver who is convicted of a DWI will be assessed 8 points. 8 points makes them eligible for a license suspension.
- A driver who is convicted of a DUI will be assessed 12 points. 12 points makes them eligible for license revocation.
Read the Law: Md. Code, Transportation § 16-402
Commercial License Drivers
The penalties and procedures for commercial license drivers may be different. Check out the information about commercial driver's licenses from the Maryland Motor Vehicle Administration (MVA) for more information.