Maryland has DUI and DWI as two separate offenses. What is the difference?

Maryland's Transportation Article § 21-902 creates two distinct alcohol-related driving offenses: (1) DUI — Driving Under the Influence (§ 21-902(a)): the more serious offense. A person commits DUI by driving or attempting to drive while under the influence of alcohol. The per se BAC for DUI is .08% or higher — any driver with a BAC test showing .08%+ is per se guilty of DUI regardless of observed impairment; however, DUI can also be established through impairment evidence even at lower BAC if the driver is visibly impaired (slurred speech, failed field sobriety tests, erratic driving) and the alcohol was the cause. DUI first offense: maximum 1 year in jail and $1,000 fine; 6 points on Maryland driving record; (2) DWI — Driving While Impaired (§ 21-902(b)): a less serious offense than DUI. A person commits DWI by driving or attempting to drive while impaired by alcohol (to the extent where the driver's ability to drive safely was impaired). The BAC range typically associated with DWI is .06%-.07% (where impairment can be argued but the per se DUI .08% threshold is not met). A BAC between .06% and .07% creates a rebuttable presumption of DWI. DWI first offense: maximum 60 days in jail and $500 fine; 8 points on Maryland driving record for DWI (vs. 12 points for DUI — because the point system uses severity, and higher points trigger automatic license suspension); (3) Simultaneous charging: Maryland prosecutors sometimes charge both DUI and DWI from the same arrest (the DWI as an alternative to DUI if the jury acquits on DUI). Courts can only convict on one alcohol-related driving charge per incident; (4) PBJ availability for both: both DUI and DWI first offenses are eligible for Probation Before Judgment in Maryland; (5) Practical significance: the DUI/DWI distinction gives Maryland defense attorneys a negotiating tool — in close cases where BAC was near .08%, seeking a plea to DWI (lower penalties, fewer points, no IIS requirement for first offense) rather than DUI.

First DUI in Maryland — what happens and is PBJ available?

Maryland first-offense DUI process and outcomes: (1) Arrest and administrative track: upon arrest and BAC test (.08%+), the officer confiscates the driver's license and issues a 45-day temporary license. Within 30 days, the driver must request an MVA hearing to contest the administrative per se suspension, or the suspension takes effect at day 45. Administrative hearings are before MVA hearing officers (not courts); (2) Criminal charges: the driver receives a citation or summons for DUI (§ 21-902(a)); arraignment is typically in District Court (for DUI not involving injury); (3) First DUI maximum penalties: 1 year in county jail (not state prison); $1,000 fine plus court costs; 12 MVA points (automatically triggers a suspension review). Jail for a first-offense DUI with no injury and no prior record is rare in most Maryland jurisdictions — courts commonly impose probation, fines, alcohol education, and IIS; (4) PBJ option for first DUI: Maryland courts have wide discretion to grant PBJ for first-offense DUI. The court accepts the guilty plea (or finding), defers judgment, and places the defendant on probation with conditions — typically: completion of Alcohol Education Program; payment of fine/costs; MVA driving restriction compliance; no further alcohol violations. Successful completion = no formal DUI conviction on Maryland court records; (5) Immigration note: a PBJ for DUI is treated as a 'conviction' for federal immigration purposes under 8 U.S.C. § 1101(a)(48). Non-citizen defendants considering PBJ for DUI must consult with an immigration attorney; (6) MADD restrictions on repeat PBJ: Maryland courts rarely grant a second PBJ for a second DUI — PBJ is substantially a first-offender tool. A second DUI within 5 years triggers mandatory minimum fine and potential mandatory minimum jail.

I refused the Maryland breathalyzer. What are the consequences for my license?

Maryland's Implied Consent Law (Transp. Art. § 16-205.1) provides that every person who drives on a Maryland road impliedly consents to take a breath or blood test when lawfully arrested for DUI. Refusing the test triggers: (1) Administrative per se refusal suspension: first refusal = 270-day administrative license suspension. Second refusal within 5 years = 2-year suspension. These suspensions are longer than the 45-day suspension for a failed breath test (showing .08%+) — the legislature intentionally penalizes refusal more heavily than a failed test to discourage refusal; (2) MVA hearing request: within 30 days of arrest, the driver must request an MVA hearing to contest the refusal suspension. If no hearing is requested, the 270-day suspension goes into effect at day 46 after arrest; (3) Admissibility of refusal in criminal proceedings: Maryland prosecutors CAN comment on and use a defendant's refusal to take the breath test as evidence in the criminal DUI trial — the jury can infer consciousness of guilt from the refusal. Unlike Massachusetts (where breathalyzer refusal is NOT admissible), Maryland follows the majority rule allowing refusal evidence; (4) Ignition Interlock as alternative: a first-refusal defendant is eligible for the IIS (Ignition Interlock System) as an alternative to the full 270-day suspension — enrollment in IIS allows the driver to continue driving with an IID installed, preventing the full suspension. IIS enrollment for refusal lasts 1 year; (5) No criminal penalty for refusal: refusing the breath test is not a separate criminal offense in Maryland (as it is in some states). The consequences are administrative (license suspension) and evidentiary (trial use of refusal to infer guilt), not additional criminal charges.

Maryland DUI with a BAC of .15% or higher — enhanced penalties?

Maryland Transportation Article § 21-902 creates enhanced penalties for high BAC DUI: (1) High BAC (.15%+) first offense: mandatory minimum fine of $500 (compared to possible fine up to $1,000 for regular first DUI). More significantly, a first-offense DUI with BAC of .15% or higher triggers MANDATORY IIS (Ignition Interlock System) enrollment as a condition of license reinstatement — unlike a regular first DUI where IIS is optional (the alternative to serving the 45-day suspension). For a BAC of .15%+ first DUI, IIS is required for reinstatement regardless of whether the driver wants to contest; (2) MVA enhanced administrative suspension: the MVA imposes a 90-day administrative suspension for BAC .15%+ (rather than the standard 45-day suspension for .08%-.149%); (3) High BAC PBJ: courts may still grant PBJ for a first DUI with .15%+ BAC, but the likelihood decreases with higher BAC levels. Some Maryland courts are reluctant to grant PBJ where the BAC shows significant intoxication above the per se threshold; (4) Insurance consequences: a DUI with a high BAC typically results in more significant auto insurance increases — Maryland auto insurers may non-renew or surcharge more heavily for high BAC DUI incidents; (5) Impact on professional licensing: many Maryland professional licensing boards (medical, nursing, law, teaching, pharmacy) will impose additional review or sanctions for high BAC DUI compared to borderline BAC cases. The Maryland Board of Physicians, Board of Nursing, and similar boards require disclosure of DUI convictions and may suspend or condition licenses.

Maryland DUI with drugs (controlled dangerous substances) — how does it work?

Maryland Transportation Article § 21-902(c) also prohibits driving while under the influence of or impaired by a controlled dangerous substance (CDS) — the statute's drug impairment offense parallels the alcohol DUI/DWI framework: (1) CDS DUI (§ 21-902(c)(1)): driving under the influence of a CDS (impaired to the point the driver cannot safely drive, with the impairment caused by a controlled substance); same penalties as alcohol DUI — first offense maximum 1 year, $1,000 fine; (2) CDS DWI (§ 21-902(c)(2)): driving while impaired by a CDS (lesser impairment); same penalties as alcohol DWI — first offense maximum 60 days, $500 fine; (3) Post-July 2023 marijuana legalization: adult-use cannabis became legal in Maryland on July 1, 2023. Possessing up to 1.5 ounces and consuming in private is legal. But driving while impaired by cannabis remains illegal under § 21-902(c). Critically, Maryland has NO per se blood THC limit for cannabis DUI — unlike the per se .08% BAC threshold for alcohol, there is no Maryland statute establishing a per se THC concentration that creates automatic DUI guilt. The prosecution must prove actual impairment through observation, Drug Recognition Expert (DRE) evaluation, and field sobriety testing; (4) DRE process for cannabis cases: Maryland State Police and various Maryland agencies use Drug Recognition Experts for suspected drug-impaired driving. DRE evaluation is a 12-step protocol — but it has been challenged in Maryland courts on scientific validity grounds. The challenge to DRE evidence admissibility may be more significant in Maryland than in states with per se THC limits because Maryland's only evidentiary basis for drug DUI is impairment (no per se BAC equivalent); (5) Blood test for CDS: detecting cannabis and other drugs requires a blood test, not a breath test. Maryland's implied consent law requires submission to a blood or urine test when the officer has probable cause to believe impairment is by CDS rather than alcohol. A warrant may be required for a nonconsensual blood draw under Missouri v. McNeely (2013), which applies nationwide.

DUI & Traffic Laws in Maryland (2026)

DUI & Traffic Violations in Maryland: the early file behind body-cam timing, refusal-warning record, and real next steps

A more useful dui & traffic violations guide for Maryland readers who want early answers on body-cam timing, refusal-warning record, deadlines, and next moves.

Reviewed January 2026 2 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Two-tier alcohol offenses: DUI (§ 21-902(a), .08%+, 1yr/$1K, 12pts) vs. DWI (§ 21-902(b), .06-.07% impairment, 60days/$500, 8pts); both eligible for PBJ on first offense
PBJ for first DUI: deferred judgment on probation; NOT a Maryland conviction; but IS a federal immigration 'conviction' under 8 U.S.C. § 1101(a)(48) — non-citizens must get immigration counsel before accepting
Administrative per se suspensions (MVA): 45 days for .08%+; 90 days for .15%+; 270 days for refusal; request MVA hearing within 30 days or suspension auto-occurs; refusal admissible at criminal trial
High BAC (.15%+): mandatory IIS (ignition interlock) for reinstatement; higher administrative suspension; PBJ less likely; professional licensing board impact
Cannabis DUI post-July 2023: no per se THC limit; impairment must be proven; DRE evaluation used but scientifically contested; blood test required (consent/warrant per McNeely 2013)

Key Numbers — Maryland All 50 states →

Filing Deadline 3 years

Fault Rule Contributory Negligence

Insurance System At-Fault

Key Statute Md. Code Cts. § 5-101

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Maryland has one of the most distinctive alcohol-impaired driving statutory frameworks in the United States: the state maintains TWO separate criminal offenses for alcohol-impaired driving — DUI (Driving Under the Influence) and DWI (Driving While Impaired) — with different BAC thresholds, different penalties, and different consequences. Under Md. Transportation Art. § 21-902, a person commits DUI if they drive or attempt to drive a motor vehicle while under the influence of alcohol to the extent they cannot safely drive — the per se BAC threshold is .08% or higher (or .04% for commercial vehicle operators; .02% for persons under 21). A separate, less serious offense — DWI — is committed when a person drives while impaired by alcohol (where there is an alcohol concentration between .06% and .07% suggesting impairment), under § 21-902(b). Maryland's DWI carries lower penalties than DUI: first-offense DWI is a maximum 60 days in jail and $500 fine, compared to DUI's maximum 1 year in jail and $1,000 fine. Both offenses appear on the Maryland driving record and can affect auto insurance rates, but DUI's consequences for professional licensing, employment, and subsequent offense penalties are significantly more severe than DWI.

Maryland's administrative license suspension system runs parallel to the criminal proceedings: upon arrest for DUI/DWI with a BAC test showing .08%+ (or refusal to take the test), the Maryland MVA imposes an administrative per se license suspension — 45 days for a first DUI with BAC test .08%+; 90 days for a first refusal. These administrative suspensions take effect 45 days after the arrest (not upon conviction) and are separate from any criminal court suspension. Drivers arrested for DUI have 30 days from the arrest date to request an MVA hearing before a hearing officer to contest the administrative suspension. Failure to request a hearing within 30 days waives the right to contest the administrative suspension regardless of the outcome of the criminal DUI case — the administrative track and criminal track run independently with potentially different outcomes.

Maryland Ignition Interlock System

Maryland's Ignition Interlock System (IIS), administered through the MVA (Transp. Art. § 16-404.1 et seq.), requires eligible DUI offenders to install and use an approved ignition interlock device on any vehicle they operate. IIS is mandatory for: second-offense DUI; first-offense DUI if the BAC was .15%+ or above; first-offense DUI with a minor in the vehicle; DUI with alcohol restriction violation. IIS is available as a voluntary alternative to administrative license suspension for first-offense DUI offenders who wish to continue driving immediately — enrolling in IIS allows the driver to retain driving privileges during the suspension period with an IID installed, rather than serving the suspension without driving. IIS program duration is typically 6 months to several years depending on offense history and court order.

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