A first DUI in Maryland: what it can result in
Verified · next review
Up to a year — and Maryland separates DUI from DWI. Maryland runs two offences where most states run one. Driving under the influence, and driving under the influence per se, carry up to one year and a fine of up to $1,200 for a first offence; the lesser charge of driving while impaired carries less. A second conviction doubles both, to two years and $2,400, and if it falls within five years of the first the statute adds a mandatory minimum of five days that cannot be suspended. There is a separate and heavier track when a minor was in the car: two years and $2,000 for a first offence rather than one year and $1,200. Note also how Maryland counts: a prior conviction under the impaired-driving subsection counts toward subsequent-offender penalties for the under-the-influence one.
Written any number of ways — a 1st offense DUI, DUI 1st, DUI first offense MD, or a first DUI in MD — and the paperwork will use none of them. Maryland charges it under a section number, and that is what decides the range below.
Grade. Misdemeanor
Confinement. Up to one year
Fine. Up to $1,200
Maryland Transportation Article § 21-902 · Md. Code, Transp. § 21-902(a)(1)(iii), (a)(1)(iv), (a)(2)(ii) · checked 2026-09-06
What turns this DUI into something worse
Each line below is a separate provision with its own punishment range. They stack with the arithmetic of prior convictions rather than replacing it.
| The fact | What it makes it | Detail and source |
|---|---|---|
| Transporting a minor | The ceiling rises to two years on a first offence and three on a second | Maryland writes child transportation as a separate paragraph of the same section rather than as a sentencing factor, with its own fine ceilings of $2,000 and $3,000, and its own rule about which prior convictions count. Maryland Transportation Code § 21-902 · Md. Code, Transp. § 21-902(a)(2) · checked 2026-09-06 |
| Knowingly refusing the test | Up to two months and $500 on top of the sentence for the offence | The refusal penalty is additional to any other penalty for the violation, and applies where the trier of fact finds beyond a reasonable doubt that the person knowingly refused a test arising out of the same circumstances. Maryland Transportation Code § 21-902 · Md. Code, Transp. § 21-902(g) · checked 2026-09-06 |
The device is a separate track
Maryland runs one of the oldest interlock programs in the country, and it is built as an alternative to losing your license rather than an addition to it. You get a "J" restriction and report to your provider every 30 days; they send the MVA a report covering high readings, missed or failed retests, tampering and how often the car was used.
In Maryland the interlock term runs Set on referral and is administered by Maryland Motor Vehicle Administration — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Maryland DUI questions
Is jail time mandatory for a 1st DUI in Maryland?
Maryland runs two offences where most states run one. Driving under the influence, and driving under the influence per se, carry up to one year and a fine of up to $1,200 for a first offence; the lesser charge of driving while impaired carries less. A second conviction doubles both, to two years and $2,400, and if it falls within five years of the first the statute adds a mandatory minimum of five days that cannot be suspended. There is a separate and heavier track when a minor was in the car: two years and $2,000 for a first offence rather than one year and $1,200. Note also how Maryland counts: a prior conviction under the impaired-driving subsection counts toward subsequent-offender penalties for the under-the-influence one.
How likely is jail time for a first DUI in MD?
Start from what the statute forces and what it leaves to the judge. The floor here is up to one year, and it moves on the facts: transporting a minor means the ceiling rises to two years on a first offence and three on a second. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.
What is the punishment range for a 1st DUI in Maryland?
Misdemeanor: up to one year, and a fine of up to $1,200. The range is set by Md. Code, Transp. § 21-902(a)(1)(iii), (a)(1)(iv), (a)(2)(ii), and the figures on this page come from the statute rather than from a summary of it.
What makes it worse in Maryland?
Transporting a minor — the ceiling rises to two years on a first offence and three on a second. Knowingly refusing the test — up to two months and $500 on top of the sentence for the offence.
Does an interlock come with it in Maryland?
Maryland runs one of the oldest interlock programs in the country, and it is built as an alternative to losing your license rather than an addition to it. You get a "J" restriction and report to your provider every 30 days; they send the MVA a report covering high readings, missed or failed retests, tampering and how often the car was used. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Maryland Motor Vehicle Administration.
Other steps in Maryland: second offense penalties and when it becomes a felony penalties.
All Maryland DUI rules →Penalties across the states →Maryland DUI lawyers →Getting the license back →
Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.