DUI/DWI Criminal Penalties in Maryland FAQs

What are DUI/DWI Charges and Criminal Penalties?

The distinction between driving under the influence of alcohol (DUI) and driving while impaired by alcohol (DWI) is one of degree.

Driving Under the Influence of alcohol (DUI) is the more serious crime and requires either a breath test result of 0.08 or more (“DUI Per Se”) OR a finding that the alcohol the driver has consumed has substantially impaired the driver’s normal coordination. The maximum penalties are as follows:

1. First Offense: 1 year and/or $1000
2. Second Offense: 2 years and/or $2000
3. Third Offense or subsequent offense: 3 years and/or $3000
*Includes a prior conviction of 21-902(b) Driving while impaired by alcohol or 21-902(c) Driving while impaired by drugs or drugs and alcohol within 5 years of the DUI conviction.

Administratively, 12 points may be assessed with the MVA and the driver’s license may be revoked.

Driving While Impaired (DWI) is the less serious crime and requires a breath test result between 0.07 and 0.08 or a finding that the alcohol the driver has consumed has impaired normal coordination to some extent. The maximum penalties are as follows:

1. First Offense: 60 days and/or $500
2. Second Offense: 1 year and/or $500
3. Third Offense or subsequent offense: 3 years and/or $3000
*Includes a prior conviction of any subsection of 21-902.

Administratively, 8 points may be assessed with the MVA and the driver’s license may be suspended.

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First time offenders in Maryland and those without a prior DUI or DWI in the last 10 years are legally eligible for a probation before judgment (PBJ) disposition; however, many judges will not grant a second PBJ. In granting a PBJ, the judge strikes out a driver’s guilty plea or judgment. When a driver receives a PBJ, they are placed on probation for a specified length of time. If they follow the court’s order without any violations, points will not be assessed and the entry of guilt goes on a segregated record at the MVA that is not available to the public, but is available to police or judicial system; authorized representative of any federal, state or local government; or authorized employer of CDL drivers. Unsupervised probation is possible, in some cases and depending on the judge, if the individual has been screened by an appropriate program and completed the recommended treatment. (Search the “Maryland Alcohol & Drug Abuse Administration” to find approved Alcohol and Drug Treatment programs.)

I have been defending DUI/DWI charges since 2001. I am a passionate DUI/DWI attorney committed to keeping abreast of DUI/DWI technology and changes in DUI/DWI law affecting my clients. For example, since 1981, law enforcement officers began using the National Highway Traffic Safety Administration’s (NHTSA) Standardized Field Sobriety Test (SFST) at the roadside to help determine whether motorists who are suspected of DWI have blood alcohol concentrations greater than the legal limit. Law enforcement officers receive training enabling them to perform DWI detection and SFTS. To level the field in court, I received instruction similar to the police NHTSA/IACP Standardized Field Sobriety Test training using the most current training curriculum. In addition, I regularly attend DUI/DWI related courses, such as “Mastering Scientific Evidence in DWI/DUI Cases,” to further my DWI/DUI knowledge base. This commitment to DUI/DWI education enables me to be more effective at challenging the validity of Standardized Field Sobriety Tests and breath test devices and their reliability in court which ultimately benefits my clients. If you or someone you know have been arrested for a DUI/DWI please contact me, C. Sei-Hee Arii for a free consultation.

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Penalties in Maryland

What are DUI/DWI Charges and Criminal Penalties?

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