Maryland Drinking & Driving Laws

Drinking and driving in the State of Maryland is illegal. There are two types of impaired driving offenses: (1) Driving Under the Influence (DUI) and (2) Driving While Impaired (DWI). It is also illegal to drive while impaired by drugs (even legal drugs), drugs and alcohol, or controlled dangerous substances. Driving with any combination of drugs and/or alcohol that prevent you from driving safely is illegal. If you are convicted of either of these impaired driving offenses, you face both criminal penalties and administrative/license sanctions.

1.   Driving Under the Influence (DUI): A driver who has a blood alcohol concentration (BAC) of .08 or greater is assumed to be under the influence of alcohol.  Maryland law calls a BAC of .08 or above “under the influence per se.”

If you are convicted of a DUI:

For a first offense, you face up to a $1,000 fine and up to one year in jail. Twelve (12) points will be assessed on your driving record and your license may be revoked for up to six (6) months. For a second offense, you face a $2,000 fine and up to two years imprisonment (with a mandatory minimum of five days).  Twelve (12) points will be assessed on your license and your license may be revoked for up to one year. For two convictions within five years, a mandatory period of suspension will be followed by a minimum required period of participation in the Ignition Interlock Program. You may be required to participate in an alcohol abuse assessment and program.

2.   Driving while Impaired (DWI):  A driver who has a blood alcohol concentration (BAC) of .07 is assumed to be impaired by alcohol.

If you are convicted of a DWI:

For a first offense, you face up to a $500 fine and up to two months imprisonment. Eight (8) points will be assessed on your driving record, and you face a 6-month license suspension. For a second DWI offense, you face up to a $500 fine and up to one year imprisonment. Eight (8) points will be assessed on your driving record, and you face a license suspension of 9 to 12 months. The penalties are significantly higher if you are transporting a minor at the time of the offense or for a third offense.​

It is illegal for any driver under the age of 21 to drink and drive – Maryland has a zero-tolerance policy for underage drinking and driving. A driver under the age of 21 who drinks any amount of alcohol and drives faces serious criminal and administrative / license sanctions – in fact, a driver under the age of 21 with a BAC of .02 may lose driving privileges altogether.