Maryland DUI Laws 2024 Guide

Maryland DUI laws recognize two different possible offenses for driving while under the influence of drugs or alcohol: Here’s what they are:

• DUI: You will be charged with this offense if you have a blood alcohol concentration (BAC) of .08 or higher or are impaired by a controlled substance. This is the most serious offense.
• DWI: You will be charged with this offense if the prosecutor can prove you were impaired to some degree by drugs or alcohol, including legal drugs. This is a lesser offense.

Drivers under age 21 are also subject to zero tolerance laws in Maryland and can be charged if their BAC is .02% or higher.

After a Maryland DUI arrest, you will be required to submit to a chemical test of your BAC. If your BAC exceeds .08% or if you refuse to submit to the testing after an arrest, you will be given an Order of Suspension and your Maryland driver’s license will be taken.

You will be given a 45-day temporary paper license after your license is seized, and will have the opportunity to request a hearing to challenge your suspension. If your license suspension goes into effect, the length of time you will be unable to drive varies depending on the situation.

The table below shows the length of time your administrative license suspension will be in effect.

Maryland DUI laws impose different penalties if you are convicted of DUI vs. DWI. The table below shows possible consequences of a conviction. You will be convicted and face these penalties only if a prosecutor can prove your guilt beyond a reasonable doubt.

In addition to these penalties, drivers who are repeat offenders are required to have an ignition interlock device installed in their vehicle. This tests your BAC before and during the time you are operating your vehicle. Participation in an alcohol abuse assessment program may also be required.

Getting DUI charges dropped is not likely if the prosecutor has sufficient evidence to move forward with pursuing a case and there’s reason to believe they could get a conviction. However, insufficient evidence could result in charges being dropped or a case being dismissed because there’s no probable cause to move forward.

One way to ensure a prosecutor has insufficient evidence is to challenge whether the collection of evidence against you was constitutional. If the police violated your rights, evidence can’t be used against you in court—it will be suppressed. Without evidence to prove intoxication, your charges could be dropped.

It may also be possible to avoid a criminal conviction if probation before judgment (PBJ) is available. This is typically an option only for first time offenders or those who have not had a PBJ or conviction during the past decade. You will have to comply with specific requirements if you pursue this approach to resolving your DUI.

Going to trial doesn’t necessarily always mean you will be convicted either. You can cast doubt on the prosecutor’s case or raise defenses to try to get acquitted.

Maryland DUI laws are complicated and you owe it to yourself to get the best legal help possible if you are facing criminal charges. A Maryland DUI lawyer can help you fight the accusations against you or can guide you in determining the best response, such as pursuing a plea bargain or probation before judgment. Contact an attorney as soon as possible for advice so you can reduce the chances of serious penalties resulting from a guilty verdict.