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Maryland DUI penalties breakdown: every component, line by line

Our Maryland DUI costs page gives the state overview. This page does the narrower job: Maryland runs two offences — DUI under § 21-902(a) and the lesser DWI under § 21-902(b) — so this page prices each component of § 21-902 for both, the points that drive the MVA’s own action, and the administrative suspensions for failing or refusing the test — with no added-up total.

DUI and DWI are different offences with different ceilings: § 21-902

A first DUI under § 21-902(a) — driving under the influence of alcohol, or driving with a concentration of 0.08 or more — carries up to one year in jail and a fine of up to $1,200. The same conviction assesses twelve points on the Maryland driving record, and twelve points is the MVA's revocation threshold: the points consequence alone revokes the license, independently of anything the sentencing judge orders about driving. A second DUI carries up to two years and a fine of up to $2,400, and where the second offence falls within five years of a prior conviction the statute adds a mandatory minimum of five days in jail that the court may not suspend.

The lesser offence, driving while impaired under § 21-902(b), carries up to two months in jail and a fine of up to $500 on a first offence, with eight points — the MVA's suspension threshold rather than its revocation threshold. The four-hundred-dollar fine gap and the four-point gap between the two charges are why a reduction from DUI to DWI is the single most valuable sentencing outcome in a Maryland case, in dollars as well as in license terms. Transporting a minor while impaired raises the maximums for both offences above the figures in the table, and drug-impaired driving under § 21-902(c) and (d) carries its own parallel ceilings.

The MVA side: 180 days for a failure, 270 days for a refusal, and the interlock election

The administrative case starts at the arrest. A first test result of 0.08 or higher brings an MVA suspension of 180 days; a first refusal brings 270 days. Both run through the MVA's own process, with a short window to request a hearing, and both can apply even if the criminal charge is later reduced or dismissed. Under the state's expanded interlock law, a driver may elect the Ignition Interlock System Program instead of serving the administrative suspension without driving: the usual participation period mirrors the suspension — 180 days for a test result of 0.08 to 0.14, and one year for a result of 0.15 or higher or for a refusal — and the election must be made within thirty days and kept violation-free.

Reinstatement after the points-based revocation or suspension requires satisfying the MVA's conditions for the action taken — completing any ordered alcohol assessment or education, serving the period, and applying for restoration — rather than paying a single DUI-specific reinstatement tariff, so this page does not print one. The interlock itself is leased from an MVA-approved provider at the provider's rates. Our reinstatement page, interlock page and refusal page cover those components in detail, and our evaluation page covers the assessment the MVA and the court may each require.

DUI component	Published amount
First DUI (§ 21-902(a))	Up to 1 year jail; fine up to $1,200; 12 points — revocation threshold
Second DUI (§ 21-902(a))	Up to 2 years; fine up to $2,400; mandatory minimum 5 days unsuspendable if within 5 years of a prior
First DWI (§ 21-902(b))	Up to 2 months jail; fine up to $500; 8 points — suspension threshold
Administrative suspension — test 0.08+ (MVA)	180 days, first offence
Administrative suspension — refusal (MVA)	270 days, first offence
Interlock programme election	180 days for a 0.08–0.14 result; 1 year for 0.15+ or a refusal; election within 30 days

What this state does not publish as a single figure

Maryland court costs are assessed by the convicting court and vary by county, the alcohol assessment and any ordered education or treatment are billed by the provider, and the MVA restoration process after a points revocation is condition-based rather than a single published DUI reinstatement fee — which is why this page prints the § 21-902 fine ceilings, the points assessments and the administrative suspension periods, and describes assessment, programme and interlock charges as requirements instead of pricing them as state charges.

There is no published Maryland figure for the effect of a DUI on the price of insuring a car, and none is estimated here. Enhanced maximums for transporting a minor, and the separate ceilings for drug-impaired driving, are noted in the text rather than folded into the alcohol table, because each turns on facts the table cannot carry.

Common questions

Why do the points matter as much as the fine in Maryland?: Because twelve points for a DUI crosses the MVA revocation threshold by itself: the license is revoked on points even if the court is lenient, while eight points for a DWI lands at the suspension threshold instead.
Is refusing the test worse than failing it, in days?: Yes, on the administrative side: a first refusal brings 270 days against 180 days for a first failure at 0.08 or higher — and the refusal period also sets the longer one-year interlock election.
Can a Maryland driver drive during the administrative suspension?: By electing the Ignition Interlock System Program within thirty days — 180 days of participation for a 0.08–0.14 result, one year for 0.15 or higher or a refusal — instead of serving the suspension without driving.

Sources: Maryland Code, Transportation Article §§ 21-902, 16-205.1; Maryland Motor Vehicle Administration impaired-driving and Ignition Interlock System Program schedules. Last verified: October 2026. This page is educational information about costs only — not legal advice. Laws and fees change; confirm current figures with your court and your state's driver-licensing agency.