The DUI Stop
Transp. § 21-902 and § 16-205.1 — 0.08, a test nobody can be compelled to take, and 270 days for refusing it
Maryland separates the offenses by degree. Driving or attempting to drive under the influence of alcohol, or under the influence per se, carries up to 1 year or a $1,200 fine for a first offense and up to 2 years or $2,400 for a second. Driving while impaired by alcohol, or so far impaired by drugs that the person cannot drive safely, carries up to 2 months or $500 for a first offense and up to 1 year or $500 for a second. Each penalty is higher when a minor is in the vehicle.
Nobody can be compelled to take the test. Anyone who drives on a Maryland highway, or on private property the public uses, is deemed to have consented to a breath or blood test if detained on suspicion of impaired driving. Except where the law provides otherwise, a person may not be compelled to take one. The officer has to advise the person what follows a refusal or a result of 0.08 or more.
| What happened | First offense | Second or later |
|---|---|---|
| What happenedTest result of 0.08 or more | First offenseSuspended 180 days | Second or laterSuspended 180 days |
| What happenedTest result of 0.15 or more | First offenseSuspended 180 days | Second or laterSuspended 270 days |
| What happenedRefused the test | First offenseSuspended 270 days | Second or laterSuspended 2 years |
10 days to ask for a hearing and keep driving. On a refusal or a result of 0.08 or more, the officer issues a temporary license, good for 45 days for a Maryland licensee. The person may ask, then or within 10 days, for a hearing on why the license should not be suspended, and it will be scheduled within 45 days. A request after 10 days but within 30 still gets a hearing, but does not keep the temporary license in effect. Instead of a hearing, and if the conditions the section sets are met, the person may elect in writing to join the Ignition Interlock System Program for 1 year.
Convicted of impaired driving with a jury or judge finding beyond a reasonable doubt that the person knowingly refused a test, the person faces up to 2 more months or a $500 fine, if the State's Attorney gave notice of the refusal in time. A second conviction under the alcohol offense within 5 years carries a mandatory minimum of 5 days, and a third, 10 days.
Sources for this section (2)
- Md. Code, Transp. § 21-902 — Driving under the influence or while impaired
- Md. Code, Transp. § 16-205.1 — Chemical tests; refusal; administrative suspension
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.