DUI and DWI in Maryland: Penalties, License Suspensions, and How an Attorney Can Help
The best Baltimore criminal attorney understands that Maryland’s DUI/DWI system now couples criminal exposure with automatic MVA consequences and mandatory interlock in many outcomes; timely legal steps can preserve your ability to drive and improve your court result.
Charged with DUI or DWI? Put a criminal lawyer to work immediately—call right now.
Penalties in Court (DUI vs. DWI)
Maryland prosecutes impaired driving under Transportation § 21-902. DUI is typically proven at 0.08% BAC or higher (under the influence per se), while DWI is the lesser offense generally tied to about 0.07% BAC with supporting evidence such as driving behavior and officer observations.
Both are misdemeanors, but the sentencing range is serious: first-offense DUI can mean up to 1 year in jail and up to $1,000 in fines; DWI carries lower maximums but still includes possible jail, fines, probation, alcohol education, and points. Penalties escalate with prior offenses, high BAC results, or transporting a minor.
Maryland expanded ignition-interlock consequences in 2024. Under HB 105, many convictions and PBJs now require participation in the Ignition Interlock Program (IIP)—a significant shift that affects plea strategy in court. Judges also retain authority to order interlock for extended periods. Knowing which outcomes automatically trigger interlock is critical before deciding how to proceed.
License Suspensions, Points, and Interlock
Separate from court, the MDOT MVA runs an administrative per se process that can suspend your license immediately if you test ≥ 0.08 or refuse a test. Officers typically confiscate the plastic license and issue a 45-day temporary paper license; the suspension clock starts on day 46 unless you timely request an OAH hearing.
Suspension durations depend on result/refusal and priors. Current MVA guidance lists: 0.08–0.14 BAC: 180-day suspension (first offense); 0.15+ BAC: 180–270 days; refusal: 270 days (first), 2 years (subsequent). Fatal-crash cases increase penalties further. Many drivers can opt into IIP to continue limited driving—an option that often makes more sense than a hard suspension.
Points also matter. Maryland’s system generally suspends at 8–11 points and revokes at 12+ points; a DUI conviction typically assesses 12 points, which risks revocation unless you secure a different outcome or interlock-restricted relief. Prompt action preserves hearing rights and helps protect your privilege to drive.
How a Criminal Lawyer Helps to Avoid Most Common Mistakes
A Maryland criminal lawyer does more than “show up” in court. The work starts immediately: verify the stop and probable cause, scrutinize roadside SFSTs, confirm breath/blood protocols, and secure body-cam footage and medical records that may undercut the State’s impairment narrative. Equally important is coordinating the MVA hearing strategy with the criminal case so one does not jeopardize the other.
Avoid these frequent missteps that make cases harder to defend:
(1) Missing the 10-day window to request an administrative hearing or enroll in interlock—doing nothing can convert a temporary permit into a hard suspension.
(2) Pleading quickly without understanding interlock triggers. HB 105 means outcomes that once avoided interlock (including many PBJs) now require it; your bargaining posture should reflect that reality.
(3) Ignoring video and calibration evidence. Body-cam/audio, instrument maintenance, and observation periods can make or break breath-test reliability.
(4) Overlooking point exposure and insurance impact. A court disposition that seems lenient can still stack points and trigger revocation.
Take the next step: Put a proven criminal lawyer between you and the State—call the Law Offices of Terri D. Mason to protect your record and your license. Our team will audit the stop, testing, and MVA timelines immediately and build a defense that avoids the most common mistakes and preserves your ability to drive. Begin your strategy session now. Contact us today.