Every state in the country has laws designed to curb intoxicated or drunk driving, often for good reasons. In the worst circumstances, driving while impaired can cause lasting consequences for bystanders as well as those behind the wheel. However, the severity of the penalties for these incidents varies widely depending on the location of the arrest. Some states impose hefty fines and long jail sentences for a first offense, while others focus more on rehabilitation or alternative programs.
These differences may confuse drivers, especially those who travel often. College students, vacationers, and workers near state borders might not be aware of the different consequences across states.
Maryland's approach raises questions about its effectiveness in deterring repeat offenses and balancing punishment with prevention compared to stricter states. To shed light on this, Maronick Law LLC has reviewed the states with the most severe penalties to see how they compare to Maryland’s approach.
Maryland’s DWI and DUI Penalties
Maryland makes a distinction between DUI (driving under the influence) and DWI (driving while impaired).
DUI is considered the more serious of the two. It applies when a driver has a blood alcohol concentration (BAC) of 0.08% or higher. At this level, Maryland law regards the driver as “under the influence,” based purely on their BAC reading.
DWI is a lesser offense and applies when a driver’s BAC is at or around 0.07%. In this case, the individual is only considered “impaired.”
The difference matters because penalties vary based on the charge. A first-time DUI conviction can result in up to one year in jail, a fine of up to $1,000, and a six-month license suspension. A DWI conviction is somewhat less severe, with a maximum penalty of 60 days in jail, a $500 fine, and a shorter suspension period.
Those numbers climb quickly for repeat offenders. A second DUI carries a penalty of up to two years in jail and fines of up to $2,400. A third can bring as much as five years in jail and fines reaching $5,000. Maryland also enforces ignition interlock device (IID) requirements during suspension periods, so drivers cannot start their cars without first providing a clean breath sample.
States With the Harshest Penalties
No state is harsher on intoxicated drivers than Arizona. Even a first DUI results in at least 24 hours in jail, fines starting at $1,250, and a license suspension of no less than 90 days. IIDs are mandatory, and the length of time increases with each conviction. A third offense within seven years is a felony, carrying multi-year prison sentences and serious financial costs.
Alaska is another state with little patience for impaired driving. A first offense requires at least 72 hours in jail and a fine of $1,500. By the third conviction, sentences can reach five years in prison, and licenses can be revoked for three years.
Virginia, Oklahoma, and Connecticut round out the next tier of strict states. Virginia mandates lengthy license suspensions and indefinite revocations for a third offense. Connecticut imposes permanent revocations in some cases, although drivers can sometimes petition for reinstatement after a period of time has passed. Oklahoma, meanwhile, imposes hefty fines and lengthy jail sentences, with felony charges possible after two convictions.
Where Maryland Stands
While Maryland isn’t as strict as Arizona or Alaska, it isn’t as lenient as states like Montana or Rhode Island. Undoubtedly, the penalties and jail sentences are severe, and the IID requirements impose significant challenges for repeat offenders. However, the lack of felony charges even after multiple DUIs sets Maryland apart from other states. For many drivers, that difference is critical. A felony record follows a person for life, affecting job opportunities, housing applications, and in some cases, the right to vote.
So, while Maryland’s penalties are severe, especially for repeat convictions, they do not match the harshness of the strictest states.
Why the Differences Exist
There are several reasons why one state imposes a week in jail while another mandates months or even years. Some states experience higher rates of alcohol-related crashes, leading lawmakers to respond with stricter laws, such as in Arizona. Other states emphasize rehabilitation, reasoning that treatment programs may be more effective in preventing future offenses than prison terms alone. Cultural attitudes toward alcohol also shape how laws are written, as seen in Utah, a notoriously “dry” state.
Data also shows that harsher penalties can sometimes reduce repeat offenses and deaths caused by alcohol-impaired driving. However, critics argue that the heaviest punishments don’t do much to address the root causes of drunk driving, like addiction or lack of access to alternative transportation.
Ultimately, drinking and driving is never worth the risk. Maryland’s penalties might not be the strictest in the nation, but they are still severe. A single conviction can lead to jail, hefty fines, a license suspension, and mandatory IID use. Beyond legal issues, the impact can touch every aspect of life, including employment, insurance rates, and personal relationships.
If you or someone you care about is facing DUI or DWI charges, experienced legal representation can make an enormous difference. At Maronick Law Firm, our our top-rated Maryland DWI Lawyers focus on protecting your rights and guiding you through every step of the process. Do not wait until your case is out of your control. Reach out today, and let us help you fight for the best possible outcome.
How Maryland’s DWI/DUI Laws Compare to Other States
Methodology:
How do Maryland’s penalties for driving under the influence compare to those of the states with the harshest penalties in the country? The DWI/DUI Penalties Index was created to compare Maryland with the 10 strictest states across various charge levels, including a First-Offense DWI/DUI, a First-Offense Aggravated/Elevated BAC, a Second-Offense DWI/DUI, and a Third-Offense DWI/DUI. The analysis includes the following penalties: minimum jail time, if jail is mandatory, fines and fees, duration of license suspension, whether an Interlock Ignition Device (IID) is required while driving, and the number of DWI/DUI offenses needed to be considered a felony.
First-Offense DWI/DUI and Aggravated/Elevated BAC Penalties
| Rank | State | BAC Limit for Underage Drivers | BAC Limit 21+ | Aggravated/Elevated BAC Limit | Minimum Jail Time | Is Jail Time Mandatory? | Fines and Fees | Minimum License Suspension | Ignition Interlock Device (IID) Required? | Aggravated BAC Jail Time | Aggravated BAC Fines and Fees | Aggravated BAC License Suspension | Aggravated BAC Interlock | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Arizona | 0.00% | 0.08% | 0.15% | Min. 24 hours to 10 days | Yes | $1,250 | Min. 90 days | Yes, for 6 months to 1 year | Min. 9 to 30 days | $2,250 | Min. 90 days | Yes, for 1 year | |
| 2 | Alaska | 0.00% | 0.08% | 0.15% | Min. 72 hours to 1 year | Yes | $1,500 | Min. 90 days | Yes, for 6 months | Min. 72 hours to 1 year | $3,000 | > 90 days | Yes, for 1 year | |
| 3 | Virginia | 0.02% | 0.08% | 0.15% | Up to 12 months | No | Min. $250 up to $2,500 | 1 year | Yes, for 12 months with a restricted license | Min. 5 days to 6 months | Min. $250 to $2,500 | 1 year | Yes, for 12 months with a restricted license | |
| 4 | Oklahoma | 0.00% | 0.08% | 0.15% | 10 days to 1 year | Yes | Up to $1,000 | 180 days | No | 10 days to 1 year | Up to $1,000 | 180 days | Yes, for 90 days | |
| 5 | Connecticut | 0.02% | 0.08% | 0.16% | 2 days to 6 months | No (100 hours of community service can replace jail time) | $500 to $1,000 | 45 days | Yes, for 1 year | 2 days to 6 months | $500 to $1,000 | 45 days | Yes, for 1 year | |
| 6 | Utah | 0.00% | 0.05% | 0.16% | 2 days to 6 months | No (48 hours of community service or home confinement instead of jail time) | $700 to $1,000 | 120 days | Yes, for 18 months | Min. 5 days to 6 months | $700 to $1,000 | 120 days | Yes, for 18 months | |
| 7 | West Virginia | 0.02% | 0.08% | 0.15% | Up to 6 months | No | $100 to $500 | 6 months | Yes, during revocation | Min. 2 days to 6 months | $200 to $1,000 | 1 year | Yes, during revocation | |
| 8 | Delaware | 0.02% | 0.08% | 0.16% | Max. 12 months | No | $500 to $1,500 | 12 months | Yes, with a restricted license after 30 days of revocation | Max. 12 months | $500 to $1,500 | 18 months | Yes, with a restricted license 45 days after revocation | |
| 9 | Georgia | 0.02% | 0.08% | 0.15% | Min. 24 hours to 1 year | Yes | $300 to $1,000 | 12 months | Yes, with a hardship license after 120 days | Min. 24 hours to 1 year | $300 to $1,000 | 12 months | Yes, with a hardship license after 120 days | |
| 10 | Nebraska | 0.02% | 0.08% | 0.15% | 7 to 60 days | No (120 hours of community service can replace jail time) | $500 | 6 months | Yes, during the 6-month revocation period | 7 to 60 days | $500 | 1 year | Yes, during the 1-year revocation period | |
| N/A | Maryland | 0.00% | 0.08% | 0.15% | Up to 1 year (DUI); up to 2 months (DWI) | No | Up to $1,200 (DUI); up to $500 (DWI) | 6 months (DUI & DWI) | Yes, during suspension | Up to 1 year | Up to $1,200 | Min. 6 months | Ineligible for an IID permit during suspension |
Second- and Third-Offense DWI/DUI Penalties
| Rank | State | [Second Offense] Jail Time | [Second Offense] Fines and Fees | [Second Offense] License Suspension | [Second Offense] Ignition Interlock Device (IID) Required? | [Third Offense] Jail Time | [Third Offense] Fines and Fees | [Third Offense] License Suspension | [Third Offense] Ignition Interlock Device (IID) Required? | How Many DWI/DUI Offenses Are Considered a Felony? |
|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Arizona | Min. 30 to 90 days | $3,500 | Min. 1 year | Yes, for 1 year | Min. 4 months | $4,000 | 1 year | Yes, for 2 years | 3 or more subsequent offenses within 7 years |
| 2 | Alaska | 20 days to 1 year | $3,000 | 1 year | Yes, for 1 year | 60 days to 1 year | $4,000 | 3 years | Yes, for 18 months | 3 or more subsequent offenses within 10 years |
| 3 | Virginia | 10 days to 12 months (20 days if second offense within 5 years) | Min. $500 up to $2,500 | 3 years | Yes, for min. 12 months | Min. 90 days to 5 years (min. 6 months if second offense within 5 years) | Min. $1,000 up to $2,500 | Indefinitely | Yes, for min. 12 months | 3 or more subsequent offenses within 10 years |
| 4 | Oklahoma | 1 to 5 years | Up to $2,500 | 1 year | Yes, for 1 year | 1 to 10 years | Up to $5,000 | 2 years | Yes, for 2 years | 2 or more subsequent offenses within 10 years |
| 5 | Connecticut | 120 days to 2 years | $1,000 to $4,000 | 45 days | Yes, for 3 years | 1 to 3 years | $2,000 to $8,000 | Permanently (can petition to reinstate after 2 years) | Yes, for 15 years if the license is reinstated | 2 or more subsequent offenses within 10 years |
| 6 | Utah | 10 days to 1 year | $800 to $2,500 | 2 years | Yes, for 2 years | 60 days to 5 years | $1,500 to $5,000 | 2 years | Yes, for 3 years | 3 or more subsequent offenses within 10 years |
| 7 | West Virginia | 6 months to 1 year | $1,000 to $3,000 | 10 years | Yes, during revocation | 2 to 5 years | $3,000 to $5,000 | Lifetime revocation | Yes, during revocation | 3 or more subsequent offenses within 10 years |
| 8 | Delaware | 60 days to 18 months | $750 to $2,500 | 18 months | Yes, with a restricted license after 60 days of revocation | 1 to 2 years | $750 to $2,500 | 24 months | Yes, with a restricted license after 90 days of revocation | 3 or more offenses (no time frame) |
| 9 | Georgia | 72 hours to 12 months | $600 to $1,000 | 3 years | Yes, with a limited license for min. 12 months | 15 days to 12 months | $1,000 to $5,000 | Permanently (can apply for a restricted license after 5 years) | Yes, with a limited license for min. 12 months | 4 or more subsequent offenses within 10 years |
| 10 | Nebraska | 30 days to 6 months | $500 | 18 months | Yes, for min. 1 year | 90 days to 1 year | $1,000 | 15 years | Yes, during revocation | 4 or more subsequent offenses within 12 years |
| N/A | Maryland | Min. 5 days to 2 years (DUI); up to 1 year (DWI) | Up to $2,400 (DUI); up to $500 (DWI) | 1 year (DUI and DWI) | Yes, during suspension | Min. 10 days to 5 years (DUI); up to 5 years (DWI) | Up to $5,000 (DUI and DWI) | 3 years (DUI and DWI) | Yes, during suspension | All DUI offenses are misdemeanors |
Sources:
- https://dui.drivinglaws.org/resources/state-dui-laws.htm
- https://www.ncsl.org/transportation/criminal-status-of-state-drunken-driving-laws
- https://alcoholpolicy.niaaa.nih.gov/apis-policy-topics/adult-operators-of-noncommercial-motor-vehicles/12
- https://alcoholpolicy.niaaa.nih.gov/apis-policy-topics/youth-underage-operators-of-noncommercial-motor-vehicles/13
- https://alcohol.org/dui/bac-limits/