Maryland DUI First Offense: Penalties & Legal Advice
Updated October 8, 2026
A first DUI or DWI charge in Maryland can create two separate matters: a criminal case in court and an administrative license case involving the Maryland Motor Vehicle Administration. MVA deadlines may arrive before the first court date, so review every page of the arrest paperwork promptly.
First DUI Questions
What should I do immediately?
Read the citations, the Order of Suspension, and any temporary-license paperwork. Keep every document together, note the court and MVA deadlines separately, and speak with a lawyer before paying a citation or making decisions about an MVA hearing or ignition interlock.
Preserve any information that may matter later, including the location of the stop, possible witnesses, video, medical information, and the timing of events. If you are between 18 and 20, see our focused DUI guidance for drivers ages 18 to 20.
Can I keep driving, and what are my MVA deadlines?
First, keep the separate 12-hour rule in mind. A person charged with DUI or DWI may not drive within 12 hours after arrest. The passage of 12 hours does not, by itself, establish that the person is authorized to drive. License status, the Order of Suspension, any temporary license, and other restrictions still matter.
If you received an Order of Suspension after a breath-test result or refusal, review it immediately. Requesting a hearing within 10 days of the order generally preserves your ability to continue driving pending the hearing, subject to your license status and applicable rules.
You may still request a hearing within 30 days, but a request made after the first 10 days does not automatically extend the 45-day temporary license. The criminal court date does not extend these deadlines. Have an attorney review your paperwork promptly to determine your hearing and ignition-interlock options.
Read more about the process on our Maryland MVA hearing resource.
What penalties can a first offense carry?
The ordinary first-offense base maximums differ by charge:
| Charge | Ordinary first-offense base maximum |
|---|---|
| DUI or DUI per se | Up to one year of incarceration, a fine up to $1,200, or both |
| Alcohol-related DWI | Up to two months of incarceration, a fine up to $500, or both |
These are maximums, not promises about a sentence. Minor passengers, qualifying prior convictions, crashes, injuries, and other facts can change the analysis. Maryland's selected DUI fine increases took effect on June 1, 2025. See the 2025 DUI fine update and the Maryland DUI penalty chart for more context.
Potential case outcomes can include dismissal, acquittal, a negotiated resolution, PBJ where eligible, or a conviction followed by sentencing. No result is automatic merely because the case is a first offense.
What does PBJ mean for my license and ignition interlock?
A Probation Before Judgment, or PBJ, may allow an eligible person to avoid a conviction and the points associated with that conviction. It does not eliminate every license consequence.
A PBJ in the criminal case does not erase a separate administrative suspension based on a breath-test result or refusal. Current law also includes DUI and alcohol-related DWI PBJs among ignition-interlock participation triggers. A reduction to DWI or a PBJ therefore does not necessarily avoid interlock.
The MVA matter, conviction points, and ignition-interlock requirements should each be reviewed separately.
How should I handle the accompanying tickets?
Speak with your attorney before paying or separately resolving any citation connected with the DUI stop. Payment can result in a conviction record and points, and the handling of one citation may affect the strategy for the remaining charges. Your attorney should review the complete set of tickets and their deadlines together.
Some citations require a court appearance, while others may be payable. That distinction does not mean paying a citation immediately is the best choice. A payment may affect points, the record, negotiations, or a challenge to the basis for the stop.
Points, Merger, and License Consequences
Will I receive points for every citation?
The highest-points rule generally applies to qualifying offenses that are simultaneous in time and place. The complete set of findings still needs to be reviewed to determine which points may be assessed and what license consequences may follow.
The points rule is separate from merger. Whether particular charges merge for sentencing depends on the charges and the court's findings. Reckless-driving and negligent-driving charges should not automatically be treated as lesser-included DUI offenses.
What are the separate types of license consequences?
| Licensing issue | What it concerns |
|---|---|
| Administrative suspension | A separate MVA matter based on a breath-test result or refusal, with its own deadlines |
| Conviction points | Points assessed from qualifying convictions and any resulting MVA action |
| Ignition interlock | Participation requirements or options that must be analyzed separately from points |
This table replaces the former licensing graphic on this page because the graphic did not clearly separate these three tracks.
Evidence and Defense Questions
What are the alcohol-concentration thresholds for DUI and DWI?
DUI per se applies when the alcohol concentration is 0.08 or higher. A result of at least 0.07 but below 0.08 is prima facie evidence of impairment under Maryland law; it does not automatically establish guilt.
Prima facie evidence is evidence that can support a finding unless it is answered or rebutted. The State still carries the burden of proving the charge beyond a reasonable doubt.
DUI and DWI charges can also depend on other evidence, including driving observations, statements, and field sobriety testing. A result below 0.08 does not necessarily rule out an alcohol-related driving charge.
The officer did not read me my Miranda rights. Does the case get dismissed?
Miranda generally concerns custodial interrogation, not every arrest or every conversation with an officer. Warnings are generally required before law enforcement conducts custodial questioning.
If an unwarned custodial statement resulted from interrogation, the statement may be subject to suppression. Missing warnings do not automatically dismiss the entire case. Learn more about Miranda warnings in Maryland.
Did the officer need a reason to stop me?
The legality of a stop depends on the facts known to the officer and the reason offered for the stop. An officer may rely on an observed traffic or equipment violation even if the officer is also investigating another suspicion. Whether the stop was justified or improperly extended requires review of the reports, video, and timing.
Can I take online alcohol classes before my court date?
An early alcohol assessment or appropriate program may be a useful mitigation step, but not every online course satisfies court or MVA requirements. Before enrolling, confirm that the program is accepted for the purpose you need. Read our guide to online DUI classes in Maryland.
Will I go to jail for a first DUI?
Incarceration is legally possible, and the risk depends on the charge, evidence, prior record, alleged driving, crashes or injuries, and other case-specific facts. A first-offense label does not guarantee no jail, PBJ, or uninterrupted driving. DUI accident cases may present added concerns.
An attorney can evaluate possible outcomes, including dismissal, acquittal, a negotiated resolution, PBJ where eligible, or a conviction and sentence.
First DUI? Get a Lawyer and a Plan
Max Frizalone has handled DUI allegations involving alcohol, drugs, accidents, and more serious related charges across Maryland. His experience includes trials before judges and juries, as both private counsel and a former public defender.
Luke Woods is a veteran trial attorney with more than two decades of criminal defense experience. He served in the Army Judge Advocate General's Corps and as District Public Defender for Calvert County, and he has tried criminal traffic cases including DUI matters.
Contact Us for a Free Consultation
FrizWoods offers free consultations for people facing a first DUI or DWI. A consultation can address the criminal case, the MVA timeline, the tickets, and possible next steps without promising a particular result.
Our practice spans Maryland, including Montgomery County, Anne Arundel County, Prince George's County, and Howard County. Contact our Maryland DUI defense lawyers to discuss your case.