Maryland DUI / DWI Laws

What are the penalties for a DUI/DWI in Maryland

If you have been charged with DUI in Maryland for the second time within 5 years (the Maryland look back period), it is considered a misdemeanor. There are some harsh consequences that come with the second DUI in Maryland, with jail time and expensive fines just some examples of the penalties. Note that while a DUI is defined in this state as a blood alcohol level of .08 and above, and a DWI is .07, the penalties are often similar. Before you decide whether getting a lawyer is worth it in your case, find out the typical consequences of this charge.

First Offense DUI/DWI in Maryland

  • First offense DWI, or driving while impaired, results in administrative license suspension of six (6) months. Reinstatement will require completion of an alcohol/substance abuse assessment and treatment program. Additionally, at the discretion of courts, ignition interlock device may be mandated.
  • First offense DUI, or driving under the influence, carries administrative license suspension penalties of six (6) months as well, with the same stipulations regarding reinstatement of license following suspension period.

Second Offense DUI/DWI in Maryland

You can expect to face fines even before getting your license back, whether you have a DWI or a DUI. For example, a DWI often comes with a maximum $500 fine, while a DUI may force you to pay up to $2,000. If you had a minor in the car at the time of your DWI, the fine could be $2,000, while with this same situation is likely to be $3,000 for a DUI. Some judges could request that you serve extra jail time instead of paying the fine, though.

On the other hand, some courts may ask that you pay extra fines in return for reducing your jail time. You can expect to spend up to one year in jail for a second offense DWI, and two years in jail for a second DUI in Maryland. The maximum could be bumped up to three years if you got a DUI with a minor in the vehicle.

Third Offense DUI/DWI in Maryland

If you are convicted of a third or subsequent DUI offense within five years, your license will be suspended for a minimum of 18 months and could be permanently revoked, depending on the circumstances surrounding your arrest.

If you are convicted of a third or subsequent DUI offense, the following criminal penalties are possible:

  • A jail sentence of up to 3 years.
  • A jail sentence of up to 4 years if a minor was in the vehicle.
  • Fines of up to $3,000.
  • Fines of up to $4,000 if a minor was in the vehicle.
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