Maryland DUI/DWI Laws: Penalties, Court Process, and Records

Maryland law distinguishes between DUI and DWI, depending on the driver’s level of impairment. Both charges carry significant penalties in the state, including license suspensions, payment of fines, and potential jail time.

What Is a DUI or DWI in Maryland?

According to Section 21-902of the Maryland Transportation Code, an impaired driving offense falls into two categories, namely:

• DUI (Driving Under the Influence): This happens when a driver has a blood alcohol concentration (BAC)of 0.08% or higher, or when impaired by drugs like marijuana.
• DWI (Driving While Impaired): This occurs in a situation when a driver’s blood alcohol concentration (BAC)is 0.07%. It may also take place when sufficient evidence indicates a reduced ability in the driver to operate a vehicle safely.

Commercial drivers are held to a 0.04% BAC standard, and under Maryland’s Zero-Tolerance law, drivers under 21years face penalties for any detectable alcohol.

DUI/DWI Penalties in Maryland

Maryland uses a 5-year look-back period for repeat offenses, with escalating penalties for each conviction. An overview of the penalties is listed below:

• First DWI Offense:
  • Fine up to $500
  • Up to 60 days in jail
  • 8 points on driving record
  • License suspension for up to 6 months. If the driver is under 21 years old, they will receive a one-year suspension of their driving license.
• Second DWI Offense:
  • Fine up to $500
  • Up to one year in jail
  • 8 points will be assessed on the driving record
  • License suspension for up to 12 months. If the driver is under 21 years old, they will receive a two-year suspension of their driving license.
• First DUI Offense:
  • Fine up to $1,000
  • Up to one year in jail
  • 12 points will be assessed on an offender’s driving record
  • Suspension of the driving license for 6 months
  • Ignition interlock device (IID) possible
• Second DUI Offense:
  • Fine up to $2,000
  • Up to two years in jail (with a mandatory minimum of five days)
  • 12 points will be assessed on an offender’s driving record
  • License suspension for about one year
  • IID required for reinstatement
• Third or Subsequent DUI Offense:
  • Fine up to $3,000
  • Up to 3 years in jail
  • License suspension for 18 months
  • IID requirement after reinstatement
• Felony Impaired Driving: When a DUI offense causes serious injury or death while impaired, it may result in felony charges, with prison terms up to 10 years.

These penalties are substantially higher if the offender is transporting a minor at the time of the offense.​

DUI/DWI Arrest and Court Process in Maryland

DUI/DWI arrest of drivers in Maryland involves both the Motor Vehicle Administration and the courts:

• Traffic Stop and Arrest – Law enforcement officers may arrest a driver to conduct field sobriety and chemical tests. Under Maryland’s implied consent law, if a driver refuses to take the tests, the police officer may confiscate the driver's license.
• Booking and Charges – The driver is fingerprinted, booked, and charged with DUI or DWI.
• AdministrativeHearing(MVA) – When a commercial driver refuses to take the sobriety and chemical tests, the Maryland MVA will suspend the driver's license. Such drivers have 10 days to request a hearing to contest their license suspension.
• Arraignment – Here, the charges are read in court, and the defendant enters a plea of guilty or not guilty.
• Pre-Trial Hearings – The defendant presents a motion in person or through an attorney to challenge test results, procedures, or the legality of the traffic stop.
• Trial – If no plea agreement is reached, the case goes to trial.
• Sentencing – If convicted of the DWI/DUI crime, it may result in penalties that include fines, jail, license suspension, IID, and treatment.

The State of Maryland also offers probation before judgment (PBJ) for some first-time offenders. This allows a defendant to avoid a conviction if the probation conditions are met, although the offense may still appear on their driving record.

How to Search for DUI/DWI Records in Maryland

DUI and DWI records are examples of public records in the state of Maryland. The records may contain blood alcohol concentration level, case status, conviction type, penalties, and license restrictions. Individuals may access the documents through channels, such as:

• Maryland Judiciary Case Search: The Maryland Judicial Branch has developed a Case Search System where the public may search by name or case number for DUI/DWI charges, court dates, and outcomes.
• Maryland Motor Vehicle Administration (MVA): This organization maintains official driver records, including DUI/DWI convictions, suspensions, and IID requirements, for the state. Individuals may request their own records from the MVA.
• Circuit and District Courts: Individuals may visit the appropriate court locations and clerk’s offices to request certified case files and sentencing documents. The case files contain DUI records, and record seekers must pay copy fees for the documents.
• Maryland Department of Public Safety and Correctional Services (DPSCS):The DPSCS provides statewide criminal history background checks, including DUI records, for authorized uses.
• Third-Party Background Check Services: These websites or companies offer DUI/DWI data, but they may not always be complete and authentic.

How Long Does a DUI Stay on Your Record in Maryland?

Maryland retains DUI/DWI offenses for prolonged periods, depending on the type of record:

• Criminal Record: A DUI or DWI conviction remains permanent, although probation before judgment may prevent a conviction from appearing on the record. Expungement is generally not available for DUI/DWI offenses.
• Driving Record: DUI/DWI convictions remain on a Maryland driving record for 10 years. If PBJ is granted, the offense may be removed after successful probation.
• Insurance and Employment: A DUI/DWI conviction may affect insurance premiums and appear indefinitely on employment background checks.

Maryland distinguishes between DUI and DWI, with DUI carrying harsher penalties. Both offenses may result in fines, jail time, and license suspensions, with escalating punishments for repeat offenders. Records are accessible through Maryland’s Judiciary Branch and MVA. While probation before judgment may lessen the impact, most DUI/DWI convictions remain permanent.