State service guide

Maryland DUI laws: separate DUI and DWI charges, 180-day admin suspensions, and ignition-interlock requirements that expand fast

Maryland does not treat impaired driving as one flat 0.08-BAC offense. The state separates Driving Under the Influence of Alcohol (DUI) from Driving While Impaired by Alcohol (DWI), then layers a separate administrative-per-se system on top when a driver either tests 0.08 or higher or refuses the chemical test. Official Maryland sources also make clear that the 0.15-and-higher and refusal cases are treated more harshly for restricted-license purposes, that drivers under 21 carry an any-alcohol restriction, and that ignition-interlock participation can be required not only after convictions but also after probation before judgment for DUI or DWI.

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Two alcohol offenses Maryland separates DUI from DWI rather than treating every alcohol-driving case as one offense
First test-failure suspension A first administrative suspension for a test result of 0.08 or higher is 180 days
First refusal suspension A first refusal triggers a 270-day administrative suspension
Interlock reach Maryland law requires Ignition Interlock Program participation for DUI or DWI convictions or PBJ dispositions, generally 6 months the first time, 1 year the second time, and 3 years the third or later unless another provision requires longer

Overview

What this page helps you verify

A strong Maryland DUI page should start by correcting the usual generic framing. Maryland has separate DUI and DWI offenses, separate criminal and administrative consequences, and a large ignition-interlock footprint. That means the most useful Maryland details are the DUI-versus-DWI split, the immediate test-failure or refusal suspension rules, the 10-day and 30-day deadlines after an Order of Suspension, and the fact that a DUI or DWI probation before judgment can still trigger interlock participation.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The citation, Order of Suspension, and other police paperwork from the stop, including the DR-015 advice-of-rights material if issued
  • Any court charging documents, hearing notice, or sentencing paperwork showing whether the case is DUI, DWI, or another impaired-driving charge
  • A written hearing request and the required filing fee or fee-waiver paperwork if you are contesting the administrative suspension
  • Proof of ignition-interlock installation and any restricted-license paperwork if you are electing or are ordered into the program
  • Proof of any alcohol assessment, treatment, or program completion that the court or MVA requires before full driving privileges return

Typical flow

What the process often looks like

  1. Separate the case into its Maryland tracks first: the criminal charge in court and the administrative suspension process tied to the test result or refusal.
  2. Check the immediate deadlines on the Order of Suspension, because Maryland's official advice-of-rights form says you must request a hearing within 10 days to keep driving before the hearing and within 30 days to request the hearing at all.
  3. If the test result was 0.15 or higher or you refused, treat ignition interlock as the practical path to restricted driving, because Maryland says those cases are ineligible for suspension modification or a restricted license unless you participate in the program.
  4. Before driving again, confirm that the suspension, court conditions, and any ignition-interlock participation requirement have all been cleared.

Benchmark correction

Maryland's impaired-driving law is not one generic DUI chart

The first correction is structural, not just numerical.

  • Maryland statutes separately prohibit driving under the influence of alcohol and driving while impaired by alcohol.
  • The same statute separately covers drug-impaired driving and driving while impaired by a controlled dangerous substance.
  • On top of those criminal charges, Maryland's MVA runs an administrative-per-se system when the driver either tests 0.08 or higher or refuses the chemical test.

Administrative sanctions

A Maryland license problem can start before the court case ends

This is the part a flat first-offense summary usually misses.

  • Maryland's official advice-of-rights form says a first test result of 0.08 or higher triggers a 180-day administrative suspension.
  • The same form says a first refusal triggers a 270-day suspension, and a second or subsequent refusal triggers a 2-year suspension.
  • If the test result is 0.15 or higher, or if the driver refuses, Maryland says the driver is not eligible for suspension modification or a restricted license unless the driver participates in the Ignition Interlock System Program.
  • The official form also says the driver must request a hearing within 10 days to avoid suspension before the hearing and within 30 days to preserve the hearing request.

Conviction fallout

Maryland also keeps DUI and DWI penalties meaningfully separate after conviction

That distinction matters for points and license exposure.

  • The MVA says a first DUI conviction carries up to a $1,000 fine, up to 1 year in jail, 12 points, and possible revocation for up to 6 months.
  • For a second DUI offense, the MVA says the penalties rise to a $2,000 fine, up to 2 years in prison with a mandatory minimum of 5 days, 12 points, and possible revocation for up to 1 year.
  • For a first DWI conviction, the MVA says the driver faces up to a $500 fine, up to 2 months in jail, 8 points, and a 6-month suspension.
  • Maryland also says the penalties are substantially higher when the offense involves transporting a minor or when the driver reaches later repeat-offense levels.

Interlock and restrictions

Maryland's interlock rules reach farther than many drivers expect

This is one of the most state-specific parts of the system.

  • Maryland statute says a driver convicted of, or granted probation before judgment for, DUI or DWI shall be a participant in the Ignition Interlock System Program.
  • The same statute generally sets program participation at 6 months the first time, 1 year the second time, and 3 years the third or later time, unless another Maryland provision requires longer.
  • Maryland law also places an alcohol restriction on every driver under 21 that prohibits driving with any alcohol in the blood.
  • If a driver under 21 violates that alcohol restriction or certain impaired-driving provisions, Maryland law allows or requires interlock participation to retain driving privileges.

Accuracy notes

Where people get tripped up

  • Maryland DUI content should not collapse DUI and DWI into one offense. The state treats them separately and assigns different conviction consequences.
  • The administrative-per-se layer is central in Maryland. A reviewed page should keep the immediate test-failure and refusal suspensions visible rather than burying them under court penalties.
  • The 0.15-or-higher and refusal cases should be called out separately because Maryland limits restricted-license relief in those situations unless the driver participates in ignition interlock.
  • Do not imply that probation before judgment makes the alcohol case consequence-free. Maryland's current interlock statute expressly includes PBJ for DUI and DWI.

FAQ

Common questions

  • What is the difference between DUI and DWI in Maryland?

    Maryland treats them as separate offenses. DUI is the more serious alcohol offense, while DWI is the lower alcohol-impairment offense with a different penalty set.

  • What happens if I test 0.08 or higher in Maryland?

    Maryland's official advice-of-rights form says a first administrative suspension for a test result of 0.08 or higher is 180 days.

  • What happens if I refuse the chemical test in Maryland?

    For a first refusal, Maryland says the administrative suspension is 270 days. The state also says refusal cases are not eligible for suspension modification or a restricted license unless the driver enters ignition interlock.

  • Can probation before judgment still trigger ignition interlock in Maryland?

    Yes. Maryland's ignition-interlock statute says a driver convicted of, or granted PBJ for, DUI or DWI must participate in the program.

  • Are Maryland drivers under 21 held to a stricter alcohol rule?

    Yes. Maryland law puts an alcohol restriction on every driver under 21 that prohibits driving with any alcohol in the blood.

Sources

Official references used for this page

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