Maryland has Noah’s Law, a two-tier DUI system, and a first-offense option that can keep your record clean — if you qualify and act fast.
Maryland’s DUI laws sit between DC and Virginia in terms of severity. The state has a unique two-tier system — DUI and DWI are separate charges with different penalties. Noah’s Law, enacted after a drunk driver killed a Montgomery County police officer in 2015, significantly strengthened ignition interlock requirements. And Maryland has something neither DC nor Virginia offers first-time offenders — Probation Before Judgment, which can keep a DUI off your permanent record if you qualify. Here is exactly how it works.
This is legal information, not legal advice. Maryland DUI law is complex and penalties vary based on BAC, prior record, and jurisdiction within the state. If you have been charged with a DUI in Maryland, consult a licensed Maryland criminal defense attorney immediately.
DUI limit: 0.08% BAC — the more serious charge
DWI limit: 0.07% BAC — lesser charge, still criminal
Under 21: 0.02% BAC — effectively zero tolerance
Commercial drivers: 0.04% BAC limit
Noah’s Law: Ignition interlock required for all DUI offenders and DWI refusals
PBJ: Probation Before Judgment available for first offenders — keeps record clean
Lookback period: 5 years (MVA administrative); lifetime (criminal court)
Marijuana DUI: Illegal even though marijuana is legal in Maryland
DUI vs DWI in Maryland — A Critical Distinction
Maryland is one of the few states that prosecutes DUI and DWI as two genuinely distinct charges under separate statutes, with meaningfully different penalties.
- DUI (Driving Under the Influence) — BAC of 0.08% or higher, or impaired by alcohol or drugs. The more serious charge. Maximum penalties: 1 year jail and $1,000 fine for first offense. Adds 12 points to your driving record, which triggers automatic license revocation.
- DWI (Driving While Impaired) — BAC between 0.07% and 0.079%, or impaired to a lesser degree. Still a criminal offense. Maximum penalties: 60 days jail and $500 fine for first offense. Adds 8 points to your driving record. Prosecutors sometimes reduce DUI charges to DWI through plea negotiation — an attorney can often make this happen at BAC levels close to 0.08%.
Maryland DUI Penalties
DUI First Offense
| Penalty | Details |
|---|---|
| Classification | Misdemeanor |
| Jail | Up to 1 year |
| Fine | Up to $1,000 |
| Points | 12 points — triggers automatic license revocation |
| License suspension | 180 days (BAC 0.08-0.14); 180 days (BAC 0.15+) |
| Ignition interlock | Required under Noah’s Law |
| PBJ available? | Yes for first offense — keeps record clean if completed |
DWI First Offense
| Penalty | Details |
|---|---|
| Classification | Misdemeanor |
| Jail | Up to 60 days |
| Fine | Up to $500 |
| Points | 8 points |
| Ignition interlock | Required if BAC test refused under Noah’s Law |
DUI Second Offense (within 5 years)
| Penalty | Details |
|---|---|
| Jail | Up to 2 years; 5-day mandatory minimum |
| Fine | Up to $2,000 |
| License | Revocation |
| PBJ available? | No — cannot receive PBJ if prior offense within 5 years |
Probation Before Judgment — Maryland’s Unique First-Offender Option
This is the most important thing to understand about Maryland DUI law if you are a first-time offender. PBJ is not a conviction. If the judge grants PBJ, you complete probation, pay fines, and attend alcohol education — but there is no criminal conviction on your record.
PBJ is available at the judge’s discretion for first-time DUI and DWI offenders with no aggravating factors. It is commonly granted in Maryland for defendants with no prior record and relatively low BAC levels. The catch: PBJ still counts as a prior offense for DUI purposes. If you get another DUI within 5 years, you cannot receive PBJ again, and the court will treat it as a second offense with mandatory jail time.
PBJ does not protect your driving record from points — the MVA still sees the stop and the test result. And it does not eliminate the ignition interlock requirement under Noah’s Law.
PBJ is not automatic. It requires a judge to grant it. An experienced Maryland DUI attorney significantly increases the likelihood of a PBJ outcome for qualifying first-time offenders. Do not assume you will receive it without representation.
Noah’s Law and Ignition Interlock
Noah’s Law, named after Montgomery County Police Officer Noah Leotta who was killed by a drunk driver in 2015, requires ignition interlock devices for:
- All DUI convictions
- DWI offenders who refuse a breath test
- Anyone with a BAC of 0.15% or higher
The ignition interlock device must be installed in your vehicle at your expense. Monthly monitoring fees apply. The program is administered through the MVA. Refusal to participate results in license suspension for the full administrative period with no restricted license option.
Refusing a Breath Test in Maryland
Maryland’s implied consent law means you have implicitly agreed to chemical testing by driving on Maryland roads. Refusing a lawfully requested breath test has serious consequences:
- First refusal: 270-day license suspension (administrative)
- Second refusal: 2-year license suspension
- Refusal triggers mandatory ignition interlock participation under Noah’s Law
- The refusal can be used as evidence against you at trial
- Refusing does not prevent prosecution — you can still be convicted based on officer observations and field sobriety tests
Marijuana DUI in Maryland
Marijuana has been legal for adults 21 and older in Maryland since July 1, 2023. Driving under the influence of marijuana remains illegal. Maryland law enforcement can charge you with DUI based on observed impairment even without a BAC test — there is no equivalent of the 0.08% standard for marijuana because no reliable roadside chemical test exists for cannabis impairment. Drug Recognition Experts (DREs) are used to evaluate suspected marijuana-impaired drivers.
The Two Processes — Criminal and MVA Administrative
Like DC, a Maryland DUI arrest triggers two simultaneous processes. The criminal case proceeds in district or circuit court. The MVA administrative case handles your license separately. Both need to be addressed. An MVA hearing request must be filed promptly after arrest — missing the deadline means automatic suspension.
Driving Through the DC Metro Area
Maryland suburbs of DC — Bethesda, Silver Spring, Rockville, Chevy Chase, College Park — are all under Maryland law. Crossing the DC line into Maryland puts you under a different legal system. See our guides on DUI in Washington DC and DUI in Virginia — and our full comparison of all three jurisdictions.
Quick Reference: Maryland DUI Laws
| Question | Answer |
|---|---|
| DUI BAC limit | 0.08% |
| DWI BAC limit | 0.07% — lesser charge, still criminal |
| Under 21 limit | 0.02% — effectively zero tolerance |
| First DUI max jail | 1 year |
| First DUI max fine | $1,000 |
| DUI points added | 12 points — triggers license revocation |
| PBJ available? | Yes for first offense — keeps record clean |
| PBJ a conviction? | No — but counts as prior offense for 5 years |
| Noah’s Law IID requirement | All DUI convictions and BAC 0.15%+ |
| Breath test refusal (first) | 270-day license suspension |
| Marijuana DUI? | Yes — legal to possess, illegal to drive impaired |
| Lookback period | 5 years MVA; lifetime criminal court |
This page is for informational purposes only and does not constitute legal advice. Maryland DUI law is complex and penalties vary based on the specific facts of each case. If you have been charged with a DUI in Maryland, consult a licensed Maryland criminal defense attorney immediately.