Maryland DUI & DWI Court Penalties

The penalties imposed vary from county to county and judge to judge in Maryland. These are separate and distinct from penalties imposed at the Motor Vehicle Administration (MVA) for test failures, refusals, and convictions. In state court a typical sentence for a first offense with no personal injury or death is as follows:

1. probation before judgment (PBJ)(no conviction – no points)
2. one year probation – supervised until the defendant finishes any required alcohol classes, pays fines and costs (anywhere from $100 to $500), and attends a victim impact panel meeting
3. other standard conditions of probation that can be modified by the court include abstinence, not possessing firearms, and needing permission to leave Maryland
4. some judges order community service
5. some judges order ignition interlock
6. not eligible for expungement with PBJ

In state court a typical second offense sentence where there is no personal injury or death is as follows:

1. no probation before judgment (10 years required without a DUI or DWI to be eligible)
2. one or two weekends in jail (and judges have discretion to give credit for in-patient treatment weekends)
3. one year supervised probation
4. the defendant is required to finish any required alcohol classes, pays fines and costs (anywhere from $100 to $500), and attends a victim impact panel meeting
5. other standard conditions of probation that can be modified by the court include abstinence, not possessing firearms, and needing permission to leave Maryland
6. some judges order community service
7. some judges order ignition interlock

In state court a typical third offense DUI or DWI, is the same as a second except that the jail term could be significantly greater. Some judges and counties still permit weekends, work release, or home detention.