Getting a DUI in Maryland starts two cases at once. The officer takes your license at the scene and hands you a paper temporary permit, which sets off an administrative license case at the Motor Vehicle Administration. A separate criminal case moves through the courts on its own track. You have 10 days to act on the MVA side to protect your driving, and a first-offense DUI conviction on the criminal side can carry up to one year in jail and a $1,000 fine.
At the Traffic Stop and Arrest
The officer watches for slurred speech, the smell of alcohol, or erratic driving, then asks you to perform field sobriety tests for balance, coordination, and the ability to follow instructions. A chemical test, usually a breath test, measures your blood alcohol concentration.
If your BAC comes back at 0.08% or higher, or you refuse the test, you are arrested. The officer confiscates your Maryland license on the spot and issues an Order of Suspension that doubles as a temporary paper license. That paper is good for 45 days from the date of the stop. Your vehicle is usually towed and impounded.
The MVA License Case
The MVA decides what happens to your license independently of the criminal court. Suspension lengths under Maryland Transportation Code 16-205.1 depend on your BAC or whether you refused:
- BAC of 0.08% to 0.14%, first offense: 180-day suspension.
- BAC of 0.15% or higher, first offense: 180-day suspension, with mandatory ignition interlock participation before any driving privileges can be restored.
- BAC of 0.15% or higher, second or subsequent offense: 270-day suspension.
- Test refusal, first offense: 270-day suspension.
- Test refusal, second or subsequent offense: two-year suspension.
A second or subsequent offense with a BAC between 0.08% and 0.14% is also a 180-day suspension.1Maryland General Assembly. Maryland Code Transportation 16-205.1 – Suspension or Disqualification for Refusal to Submit to Chemical Tests for Intoxication
The 10-Day Deadline
You can challenge the suspension, but only if you move quickly. Request a hearing within 10 days of the stop and your temporary license stays valid until the MVA issues its decision, which keeps you driving past the initial 45 days. Request it between day 11 and day 30 and you preserve the right to contest, but the paper expires on day 46 and the suspension starts while you wait for a decision. After 30 days, the right to challenge is gone.
Opting Into Ignition Interlock Instead
You can skip the hearing and opt into Maryland’s Ignition Interlock Program within 30 days of the stop. The device installs in your vehicle and requires a clean breath sample before the engine will start. If it detects alcohol, the car will not move. For a first offense with a BAC of 0.15% or higher, interlock participation is mandatory before any modification of the suspension.1Maryland General Assembly. Maryland Code Transportation 16-205.1 – Suspension or Disqualification for Refusal to Submit to Chemical Tests for Intoxication Installation runs between $50 and $200, plus a monthly monitoring fee, and the cost is yours.
The Criminal Case
Maryland treats impaired driving at two levels. A DUI (driving under the influence) applies when your BAC is 0.08% or higher, or when your driving ability is substantially impaired regardless of BAC. A DWI (driving while impaired) is the lesser charge and typically applies when your BAC falls between 0.07% and 0.08%, or when an officer observes impairment that doesn’t rise to a full DUI. Both are misdemeanors.
The criminal case moves on its own timeline through citation or charging document, arraignment, pre-trial negotiation, and either a plea or trial before a judge or jury. Winning the MVA case does not win the criminal case, and the reverse is also true: the two use different rules of evidence and different burdens of proof.
What a DUI Conviction Carries
Under Maryland Transportation Code 27-101:
- First offense: up to one year in jail and a fine of up to $1,000.
- Second offense: up to two years in jail and a fine of up to $2,000.
- Third or subsequent offense: up to three years in jail and a fine of up to $3,000.
The court can also order alcohol education or treatment as a condition of sentencing.2Maryland General Assembly. Maryland Code Transportation 27-101 – Driving While Under the Influence
Transporting a Minor
Penalties climb if a minor was in the vehicle. A first offense under those circumstances carries up to two years in jail and a $2,000 fine. A second offense brings up to three years and $3,000, and a third or subsequent offense up to four years and $4,000.2Maryland General Assembly. Maryland Code Transportation 27-101 – Driving While Under the Influence
DWI Penalties
A first-offense DWI carries up to 60 days in jail and a fine of up to $500. A second DWI can bring up to one year in jail, with the fine cap holding at $500.
Points on Your Driving Record
A DUI conviction adds 12 points to your Maryland driving record. A DWI adds 8. Twelve or more points triggers license revocation by the MVA; 8 to 11 points brings suspension. The MVA imposes these point-based actions based on the conviction itself, not the sentencing judge, and they run alongside any administrative suspension from the same incident.
If You Hold a Commercial Driver’s License
The stakes rise sharply for CDL holders. Federal rules set the commercial BAC threshold at 0.04%, half the standard limit. A first DUI conviction disqualifies your CDL for a minimum of one year, even if you were driving your personal vehicle at the time. If you were hauling hazardous materials, the disqualification period increases. A second DUI conviction means lifetime CDL disqualification, though some drivers can apply for reinstatement after 10 years. For anyone whose income depends on a CDL, a single DUI can end a career.
The Financial Hit Beyond the Fine
Maryland does not use the SR-22 certificate that many other states require. It uses an FR-19 form instead, which your insurer files with the MVA to verify you carry the required minimum coverage. The practical result is the same: your insurer learns about the conviction and your premiums often double or triple for several years.
On top of higher insurance, you’ll pay MVA license reinstatement fees, interlock installation and monthly monitoring costs when ordered, and fees for any court-mandated alcohol education or treatment. Education programs typically run between $80 and $500 depending on length and level of treatment. Fines, legal fees, insurance increases, and program costs together can easily push the total cost of a first-offense DUI into several thousand dollars.
Travel to Canada
A Maryland DUI conviction can keep you out of Canada. Since December 2018, the maximum Canadian penalty for impaired driving increased to 10 years of imprisonment, and Canada now treats a DUI as a serious crime under its immigration law, which can make you inadmissible at the border.
For convictions after December 18, 2018, you cannot become “deemed rehabilitated” by simply waiting. You must apply for a Temporary Resident Permit for short visits or formal Criminal Rehabilitation for a permanent resolution. The application requires full documentation of the charges, court disposition, and completion of every sentencing requirement.3Government of Canada. Rehabilitation for Persons Who Are Inadmissible to Canada Because of Past Criminal Activity For older convictions, deemed rehabilitation may be possible once 10 years have passed since every element of the sentence was completed, including probation, fines, community service, and license reinstatement. The burden of proving eligibility is yours, and Canadian border officers can ask for the paperwork at the crossing.