The statutes that control Maryland DUI cases
DUI in Maryland is defined by Md. Code, Transp. § 21-902, and the chemical-testing rules sit in Md. Code, Transp. § 16-205.1. Both are published in the official state code at mgaleg.maryland.gov, which is the only version that governs — summaries elsewhere, including ours, can lag amendments.
Statutory text, definitions, BAC thresholds and sentencing ranges.
What refusing a breath, blood or urine test costs you.
Statute at a glance
Maryland DUI law at a glance
Sourced from the Maryland code and state agency sites. Verify current text before relying on it.
- Offense name
- DUI (Maryland)
- Controlling statute
- Md. Code, Transp. § 21-902
- Implied consent
- Md. Code, Transp. § 16-205.1
- Per se BAC limit
- 0.08 (0.04 CDL, 0.02 or lower under 21)
- Licence hearing deadline
- 10 days after arrest
- First-offense fine
- up to $1,000
- First-offense jail exposure
- up to 1 year
- Licence suspension
- 6 months
- Trial court
- the District Court
- High-risk filing
- SR-22 for 3 years
A first offense can carry up to a year in jail and a $1,000 fine.
First-offense exposure under Md. Code, Transp. § 21-902: up to $1,000, up to 1 year of jail exposure, and a 6 months licence suspension. A first offense can carry up to a year in jail and a $1,000 fine.
What Md. Code, Transp. § 21-902 actually says
- Md. Transp. § 21-902(a)(1)(i) — a person may not drive or attempt to drive a vehicle while under the influence of alcohol.
- Md. Transp. § 21-902(a)(1)(ii) — a person may not drive or attempt to drive while under the influence of alcohol per se.
- Md. Transp. § 21-902 sets graduated penalties for first and subsequent offenses.
Charging documents cite the exact subsection, so check which one appears on your citation. The posted text on mgaleg.maryland.gov carries an effective date — amendments passed after it are not yet reflected.
Maryland ZIP codes covered
These Maryland ZIP-code pages carry the local court, filing and licensing detail for the area, and each one links back to this resource page.
Counties and cities using these Maryland resources
Counties
Other Maryland official resources
Frequently asked questions
- What statute defines DUI in Maryland?
- Md. Code, Transp. § 21-902 is the controlling DUI statute in Maryland. You can read the current text on the official code site at mgaleg.maryland.gov.
- What is the Maryland implied-consent law?
- Md. Code, Transp. § 16-205.1 is the implied-consent provision. It sets out the consequences of refusing a chemical test after a lawful DUI arrest.