Maryland Drunk Driving Law

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Updated June 09, 2015.

Here are highlights from Maryland law on driving while under the influence (MD Transp. Code section 21-902). Click on the links for further explanation of the legal terms associated with drunk driving in Maryland.

'Per Se' BAC Level: .08

Zero Tolerance BAC Level: .02

Enhanced Penalty BAC Level: None

Implied Consent Law: Yes

License Suspension 1st Offense: 60 days

License Suspension 2nd Offense: 120 days


License Suspension 3rd Offense: Varies

Mandatory Jail Time after 2nd offense: Yes

Mandatory Alcohol Education: No

Mandatory Assessment/Treatment: No

Possible Ignition Interlock: Yes

Possible Vehicle Confiscation: No

Hardship License while license suspended: Yes

Open Container Law: For driver and passenger

These are highlights of the main provisions of Maryland law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.

If you have been arrested for drunk driving in Maryland, contact an attorney in your area to determine you rights and responsibilities.

Source: MD Transp. Code section 21-902
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