Driving Under the Influence (DUI)

Driving after drinking or using drugs is dangerous. In Maryland, drivers who are arrested for impaired driving can face:

• Immediate penalties from the Motor Vehicle Administration (MVA)
• Criminal and/or administrative charges in court
• Loss of driving privileges

BAC & legal limits

BAC is short for blood alcohol concentration. It is how much alcohol is in your blood.

• A BAC of 0.08 means you have 0.08 grams of alcohol in a 100 milliliter volume of blood. This can also be written as 0.08% or 0.08 BAC.
• If your BAC is 0.08 or higher, you are over the legal limit in Maryland.
• If you are under 21 or have an alcohol restriction on your license, you cannot drive with any alcohol in your system.

Traffic stops for impaired driving

If a police officer thinks you are driving under the influence, they may:

• Ask you to take a field sobriety test
• Ask you to take a breath test

Consequences of refusing or failing a test

If you refuse to take a test for alcohol or drug use, or you take a test and fail it:

• The officer will take your Maryland driver’s license
• You may get a 45-day paper license
• You will get an Order of Suspension (DR-015A)
• The MVA may start a case about your license

You may face more penalties if you are under 21, have restrictions on your license, or hold a commercial driver's license (CDL).

What happens after a DUI arrest

If you are arrested, the officer will:

• Read you your rights
• Give you an Advice of Rights - English/Spanish (DR-015) - PDF - 267.6 KB
  • Advice of Rights audio in English
  • Advice of Rights audio in Spanish
• Ask you to take a chemical test (breath or blood)

Convictions & penalties

If you are convicted of impaired driving, you face criminal penalties and license sanctions. 

Penalties & sanctions for impaired driving offenses

Driving While Impaired (DWI) penalties & sanctions

You will face higher penalties if you are driving with a minor or it's your third offense

Points on your driving record

If you are convicted of a DUI or DWI in Maryland, the MVA applies the appropriate points to your driver record. Learn more about driver's license points and actions.

License suspensions

Your suspension time begins when you turn in your license or submit a signed statement saying you no longer have it. Visit the Drivers with Revoked or Suspended Licenses page for more information.

Repeat offender consequences

• A repeat offender is someone with more than one DUI in 5 years.
• Repeat offenders face a 1-year suspension followed by 1 year with Ignition Interlock.
• Eligible drivers may choose 1 year of Ignition Interlock instead of suspension.

Underage alcohol & fake ID penalties

• Alcohol purchase, possession, or use (under 21)
  • First offense: $500 fine
  • Second offense and beyond: $1,000 fine
• Alcohol restriction violations
  • You must use Ignition Interlock or lose your license
• Fake ID use
  • Up to $500 fine and up to 2 months in jail
  • 12 points on your record
  • Possible license suspension or revocation
• Fake ID sales
  • Up to $2,000 fine for each one and up to 2 years in jail
  • Possible federal charges
• Person 21+ providing alcohol to a minor
  • First offense: Up to $2,500 fine
  • Second offense and beyond: Up to $5,000 fine 

Commercial Driver (CDL) penalties

See general penalties below, but you can find more information on the Commercial Driver's License (CDL) Disqualification & Reinstatement page.

• DUI penalties:
  • 1st offense: 1-year CDL loss
  • 2nd offense: Lifetime CDL loss
• DUI penalties if carrying hazardous materials:
  • 1st offense: 3-years CDL loss
  • 2nd offense: Lifetime CDL loss

Advice of Rights Links

• Advice of Rights - English/Spanish (DR-015) - PDF - 267.6 KB
• Advice of Rights audio in English
• Advice of Rights audio in Spanish