Local DUI Laws

Educational information about DUI laws in the United States.

February 1, 2026 | LDUIL

Can You Be Arrested for DUI Without Failing a Breath Test in Maryland?

Understanding DUI Arrests Without Breath Test Failure in Maryland

Many drivers in Maryland assume that failing a breathalyzer is the only way to get arrested for driving under the influence. However, that’s not the case. In Maryland, a driver can be arrested for DUI—or more specifically, for DWI (Driving While Impaired)—even if they don’t blow over the 0.08% blood alcohol concentration (BAC) legal limit or if no breath test is performed at all.

Law enforcement officers are trained to assess a variety of signs and behaviors that indicate impairment. These include erratic driving, physical indicators like slurred speech or unsteady movement, and poor performance on field sobriety tests. If an officer observes enough of these signs, they may determine there is probable cause for an arrest—regardless of breath test results.

Additionally, drivers who refuse to take a breath test may still be arrested based on officer observations and other evidence. Refusal also triggers its own penalties under Maryland’s implied consent laws.

This post breaks down how DUI arrests in Maryland can occur without a failed breath test, what officers rely on instead, and the broader legal framework that allows for such arrests. It’s important to understand that breath test results are just one piece of a larger picture that law enforcement considers during a DUI stop.

The Legal Standards for DUI vs DWI in Maryland

Maryland recognizes two main alcohol-related driving offenses: DUI (Driving Under the Influence) and DWI (Driving While Impaired). The distinction between the two is central to understanding how an arrest can happen even if you don’t fail a breath test.

A DUI in Maryland typically applies when a driver’s BAC is 0.08% or higher. This level meets the per se legal definition of intoxication and generally leads to a DUI charge. No further proof of impairment is necessary beyond the BAC result.

A DWI, on the other hand, applies when the driver’s BAC is between 0.04% and 0.07%, or when there is clear evidence of impairment regardless of BAC. Officers may use their observations—such as erratic driving or failing sobriety tests—to support a DWI charge even if the breath test result is below the legal limit or if no test is performed.

This two-tiered structure allows Maryland law enforcement to address a broader range of impaired driving behaviors. It means a driver could be legally arrested and charged with DWI without exceeding the legal BAC threshold or without any BAC result at all.

Officer Observations as Evidence of Impairment

In Maryland, one of the most important tools in determining impairment is an officer’s direct observations. During a traffic stop, police assess a driver’s behavior, physical appearance, and responses to questions. These assessments play a key role in deciding whether to initiate a DUI or DWI arrest—even in the absence of a failed breath test.

Officers look for the following signs:

  • Slurred or slow speech
  • Bloodshot eyes
  • Strong odor of alcohol or drugs
  • Unsteady movements or difficulty exiting the vehicle
  • Confusion or inconsistent answers
  • Inability to follow simple instructions

These observations are carefully documented in the officer’s report and can serve as probable cause for an arrest. The law in Maryland allows arrests based on a totality of the circumstances, which means a combination of factors—not just a single failed test—can justify taking someone into custody.

This process ensures that drivers who may be impaired, but who have not taken or failed a breath test, are still subject to enforcement. It also underscores the importance of how you present yourself during a stop, as officer assessments carry legal weight.

The Role of Field Sobriety Tests in DUI Arrests

Field sobriety tests are commonly used in Maryland to evaluate a driver’s level of impairment when a breath test is unavailable or inconclusive. These standardized tests are physical and cognitive tasks that assess balance, coordination, and the ability to follow directions.

Common tests include:

  • Horizontal Gaze Nystagmus (HGN) – Eye movement tracking
  • Walk-and-Turn – Following a line heel-to-toe and turning as directed
  • One-Leg Stand – Standing on one leg while counting aloud

Performance on these tests is observed and scored by the officer. Difficulty completing the tasks or failing to follow instructions can be taken as signs of impairment. Poor performance, especially when combined with other indicators, may lead to a DUI or DWI arrest even without a breath test result.

In Maryland, drivers are not legally required to perform field sobriety tests, but refusal may raise suspicion. Officers are allowed to factor in the refusal, along with other observations, when deciding whether to proceed with an arrest.

These tests play a vital role in DUI enforcement when no chemical test is available, and they are often cited in the arrest report and used later in administrative or court proceedings.

Refusing a Breath Test in Maryland: What It Means

Maryland has an implied consent law, which means that by driving on state roads, you automatically agree to submit to chemical testing (breath, blood, or urine) if lawfully requested by an officer. Refusing to take a breath test doesn’t protect you from arrest—it can actually lead to immediate penalties.

Here’s what happens if you refuse:

  • Your license can be confiscated on the spot
  • You’ll be issued a temporary paper license valid for 45 days
  • Your license will be automatically suspended—typically 270 days for a first refusal
  • Refusal can be used as evidence of guilt in court or administrative hearings

Even if you haven’t failed a test, the refusal itself can trigger consequences and increase the likelihood of arrest. Officers may rely on other forms of evidence—like field sobriety tests and behavioral signs—to justify taking you into custody.

In Maryland, refusing the test doesn’t prevent a DUI or DWI arrest. It simply shifts the focus to other forms of impairment assessment, and it brings its own penalties under the administrative rules of the Maryland Motor Vehicle Administration (MVA).

Arrests Based on Drug Impairment Without a Breath Test

Not all DUI arrests in Maryland are related to alcohol. Drivers can also be arrested for drug-related impairment, including both illegal drugs and prescription medications. In these cases, a breath test is either ineffective or irrelevant—since it doesn’t detect substances other than alcohol.

If an officer suspects drug impairment, they may call in a Drug Recognition Expert (DRE)—a specially trained officer who conducts a 12-step evaluation. This process looks at the driver’s behavior, vital signs, and other physical indicators to assess impairment. A urine or blood test may be used later to confirm drug presence.

Even without a positive drug test at the time of the stop, a driver may still be arrested based on the officer’s evaluation and other evidence. Maryland law does not require a specific chemical threshold for drug impairment—officer judgment plays a central role.

This is another way a DUI arrest can happen without failing a breath test. When drugs are involved, officers rely on field evaluations and expert analysis to make their case.

Administrative and Legal Consequences of Arrest Without a Test

Being arrested for DUI or DWI in Maryland without a failed breath test still triggers serious consequences. These can include:

  • License suspension by the MVA
  • Required alcohol or drug education programs
  • Possible court charges depending on the evidence
  • Increased insurance costs

Even in the absence of a chemical test, the administrative side of the legal process moves forward. A driver arrested based on officer observations or failed sobriety tests may receive a notice of license suspension and be required to request a hearing to challenge it.

The court system may also become involved if additional charges are filed. In Maryland, the arrest report, field test results, and officer testimony may be used as evidence in place of a breath test.

Drivers often underestimate the seriousness of being arrested without a test failure. The reality is that Maryland’s system is designed to capture a wide range of impaired driving behaviors—even when chemical evidence isn’t part of the picture.

FAQ: DUI Arrests Without Failing a Breath Test in Maryland

Can I be arrested for DUI in Maryland if I passed a breath test?
Yes. If the officer observes signs of impairment or if you fail field sobriety tests, you can still be arrested.

What’s the difference between DUI and DWI in Maryland?
DUI generally requires a BAC of 0.08% or higher, while DWI can be based on a lower BAC or officer observations of impairment.

Is it legal to refuse a breath test in Maryland?
You can refuse, but doing so will result in automatic license suspension and may be used against you in court.

Can I still lose my license without a failed breath test?
Yes. Maryland’s MVA can suspend your license based on an arrest, refusal, or officer testimony—even without chemical evidence.

Do I have to take field sobriety tests?
No, but refusal can be used as part of the officer’s reasoning for making an arrest.

What if I was using legal medication?
Legal drugs can still impair your ability to drive. If an officer determines you’re impaired, you can be arrested, even without alcohol involved.

Will a DUI arrest without a breath test appear on my record?
Yes. An arrest record and any administrative actions, like license suspension, will appear even without a test failure.

Conclusion

In Maryland, a DUI arrest can happen without a failed breath test. Officers rely on field sobriety tests, physical observations, and behavioral cues to assess impairment. Refusing a breath test or being suspected of drug use can also lead to arrest and legal consequences—even without a BAC reading.

For a full breakdown of the DUI process in Maryland, visit the How DUI Laws Work page. To understand the types of behaviors that often lead to arrests, explore What Triggers a DUI Arrest During a Traffic Stop.

February 1, 2026 | LDUIL

What Triggers a DUI Arrest in Maryland?

Understanding What Leads to a DUI Arrest in Maryland

In Maryland, a DUI arrest is not solely based on a single test or observation. Instead, it’s the result of a process that combines various types of evidence and officer judgment during a traffic stop. When a law enforcement officer suspects a driver may be impaired, they follow a set of steps to evaluate the situation, determine probable cause, and decide whether an arrest is warranted.

A key part of this process is observation. Officers look for specific driving behaviors—like swerving, delayed reactions, or inconsistent speed—that may suggest impairment. Once a stop is made, the interaction continues with questions, observations of the driver’s appearance and behavior, and often a series of field sobriety tests.

The goal is to gather enough evidence to justify a DUI arrest under Maryland law. This includes signs of intoxication, performance on sobriety tests, and sometimes chemical testing for blood alcohol content (BAC). In Maryland, drivers can be arrested for DUI if their BAC is 0.08% or higher, or if an officer believes they are impaired to any degree by alcohol or other substances.

This post explores the common signs, procedures, and legal thresholds that lead to DUI arrests in Maryland. While the process follows a general structure, each case is unique and based on a combination of factors observed by law enforcement during the stop.

Traffic Behaviors That Can Prompt a DUI Stop in Maryland

Law enforcement officers in Maryland often begin the DUI arrest process based on observed driving behavior. Before an officer can investigate for DUI, there must be a legal reason to initiate a traffic stop. In many cases, this reason comes from a pattern of driving that raises suspicion.

Examples of driving behaviors that may prompt a stop include:

  • Drifting between lanes
  • Sudden or erratic braking
  • Failure to obey traffic signals
  • Driving significantly below or above the speed limit
  • Delayed reaction at traffic lights
  • Driving at night without headlights

These behaviors, while not conclusive evidence of impairment, give officers a valid reason to stop a driver. From there, the officer can assess whether there are additional signs that point to alcohol or drug influence.

In Maryland, officers are trained to observe how the driver responds to being stopped—whether their movements are slow, their speech is slurred, or there is a smell of alcohol. These signs contribute to an officer’s decision to proceed with a DUI investigation.

It’s important to note that even minor traffic violations, like a broken taillight or failure to signal, can lead to a stop. If the officer then detects signs of impairment, a routine stop can escalate into a DUI evaluation. That’s why understanding the full range of behaviors that may prompt a stop is key to understanding the DUI arrest process in Maryland.

Officer Observations During the Initial Interaction

Once a driver is pulled over in Maryland, the officer will begin making real-time observations. This stage is critical, as these early impressions often shape the course of the stop. Law enforcement looks for physical and behavioral cues that may indicate impairment.

Key signs officers evaluate include:

  • Bloodshot or glassy eyes
  • Slurred or mumbled speech
  • The smell of alcohol or other substances
  • Slow or uncoordinated movements
  • Difficulty producing license and registration
  • Confused or inconsistent responses

The driver’s demeanor and ability to follow simple instructions also play a major role. If a person fumbles documents, avoids eye contact, or behaves erratically, these observations are documented as part of the officer’s report.

In Maryland, officers also take note of any open containers in the vehicle, visible drugs or paraphernalia, and whether passengers appear impaired. These environmental factors can further contribute to the decision to proceed with sobriety testing.

While none of these signs alone are proof of intoxication, together they can help establish reasonable suspicion. Once that threshold is met, the officer may ask the driver to exit the vehicle and perform field sobriety tests, a standard next step in Maryland DUI investigations.

Field Sobriety Tests and Their Role in DUI Arrests

Field sobriety tests are a key tool used by Maryland officers to assess whether a driver may be impaired. These physical and cognitive tasks are designed to reveal signs of intoxication that may not be immediately visible. While voluntary, refusing to perform these tests can raise suspicion and may be noted in the officer’s report.

Common field sobriety tests include:

  • Horizontal Gaze Nystagmus (HGN) Test – Observing the eyes as they follow a moving object
  • Walk-and-Turn Test – Walking heel-to-toe in a straight line and turning as instructed
  • One-Leg Stand Test – Balancing on one foot while counting aloud

Officers assess the driver’s balance, coordination, ability to follow instructions, and attention span during these tests. Mistakes or hesitation can be interpreted as signs of impairment, particularly when combined with other factors.

In Maryland, failure of these tests is often used as part of the probable cause for arrest. However, they are not definitive proof of DUI. They are one piece of the puzzle, contributing to the broader picture officers use to make a decision.

It’s important to remember that weather conditions, medical issues, and even nervousness can affect performance on field sobriety tests. Still, in Maryland, poor performance on these tests frequently precedes a DUI arrest and subsequent chemical testing.

Chemical Testing for BAC and Its Timing

If a field sobriety test suggests impairment, Maryland officers may request a chemical test to measure the driver’s BAC. This can be done using a breathalyzer at the roadside or a more formal breath or blood test at a police station or medical facility. In Maryland, the legal BAC limit is 0.08% for drivers over 21. Lower limits apply for commercial drivers and underage individuals.

Chemical tests are not always administered before the arrest. In many cases, the arrest is made based on observed impairment, and the BAC test is performed afterward to support the charges. Refusing a BAC test in Maryland carries automatic consequences under the state’s implied consent law, including license suspension for 270 days or more, depending on prior offenses.

The chemical test result is a critical piece of evidence. A BAC of 0.08% or higher typically results in a standard DUI charge, while levels between 0.04% and 0.08% may still support a lesser charge of DWI (Driving While Impaired) if other signs of intoxication are present.

Maryland law treats these tests as both a legal requirement and a key part of the arrest process. Even if a driver believes they are sober, a chemical test can quickly confirm or disprove that assumption, influencing both the arrest decision and any legal proceedings that follow.

The Role of Probable Cause in Making the Arrest

In Maryland, a DUI arrest must be based on “probable cause”—a standard that means the officer has enough evidence to reasonably believe the driver is under the influence. Probable cause is established through a combination of the behaviors observed during the stop, the results of field sobriety tests, and the BAC level if tested.

Officers must document their observations and actions thoroughly. If the case goes to court, this documentation becomes part of the evidence used to determine whether the arrest was lawful and the charges are valid. Maryland courts require that probable cause be based on specific, articulable facts—not just a hunch or vague suspicion.

Even if the driver’s BAC is below 0.08%, they may still be arrested for DWI if they show clear signs of impairment. This flexible standard allows Maryland law enforcement to address situations where drugs or a mix of substances might be affecting the driver, even if alcohol levels are technically below the legal limit.

The use of probable cause ensures that DUI arrests in Maryland are based on objective standards. It protects both the rights of the driver and the integrity of the enforcement process.

Post-Arrest Procedures and What Happens Next

Once a DUI arrest is made in Maryland, the process moves into a new phase involving booking, administrative actions, and potential court proceedings. After being taken into custody, the driver is typically transported to a station for formal processing, which may include fingerprinting, photographs, and a second BAC test.

If chemical testing was refused or resulted in a BAC over the legal limit, the officer may confiscate the driver’s license and issue a temporary paper license valid for 45 days. The driver may also receive a notice of license suspension, which triggers a right to request a hearing through the Maryland Motor Vehicle Administration (MVA).

At this stage, no court date is set immediately unless criminal charges are filed. In cases with higher BAC levels or other aggravating factors, a criminal court appearance may follow. The outcome may include fines, education programs, or further license restrictions.

The administrative and legal paths that follow a DUI arrest are handled separately. In Maryland, even if criminal charges are dismissed, the MVA can still impose sanctions based on the arrest and BAC result.

Understanding what happens after the arrest is essential to grasping the full process. It’s not just about the traffic stop—it’s about a chain of steps that affect driving privileges, future opportunities, and personal records.

FAQ: Questions About DUI Arrest Triggers in Maryland

Can I be arrested for DUI in Maryland without failing a breath test?
Yes. If an officer observes signs of impairment—such as erratic behavior or failing a field sobriety test—you can be arrested even without a failed breath test.

What BAC level triggers a DUI charge in Maryland?
A BAC of 0.08% or higher generally results in a DUI charge. Lower levels may still result in a DWI charge if impairment is evident.

Are field sobriety tests required by law?
No. Field sobriety tests are voluntary in Maryland. However, refusing them can raise suspicion and be noted by the officer.

What happens if I refuse a breath test during a DUI stop?
Refusing a BAC test in Maryland leads to automatic license suspension under implied consent laws—typically 270 days for a first offense.

Do I have to be swerving to get pulled over for DUI?
Not necessarily. Any traffic violation, such as speeding or running a red light, can justify a stop. If signs of impairment are then observed, a DUI evaluation may follow.

Does a DUI arrest always lead to criminal charges?
Not always. Some cases result in administrative penalties only, especially if the BAC is close to the legal limit and no additional violations occurred.

Will my license be taken immediately after a DUI arrest?
In many cases, yes. If your BAC is over the limit or you refuse testing, the officer can issue a temporary license and initiate a suspension process.

Conclusion

A DUI arrest in Maryland results from a structured evaluation process that begins with a traffic stop and may include officer observations, field sobriety testing, and chemical BAC testing. Each step is designed to determine whether there is probable cause to believe the driver is impaired.

To understand more about the full legal process behind DUI arrests, explore the How DUI Laws Work pillar page. For a closer look at the specific behaviors that can lead to an arrest, visit What Triggers a DUI Arrest During a Traffic Stop.

February 1, 2026 | LDUIL

Is Zero Tolerance BAC Enforced in Maryland?

Understanding Zero Tolerance BAC in Maryland

Zero tolerance laws are designed to discourage underage drinking and driving by setting very low legal limits for blood alcohol content (BAC) in drivers under the legal drinking age. In Maryland, like many states, these rules are strictly applied to anyone under 21 years old. The state enforces a zero tolerance BAC policy, meaning even a small trace of alcohol in an underage driver’s system can lead to consequences. These policies are part of a broader effort to reduce impaired driving and protect public safety.

In Maryland, the legal BAC limit for drivers 21 and older is 0.08%. However, for individuals under 21, the threshold is set at 0.02%. This lower limit accounts for potential environmental alcohol exposure or mouthwash use but still allows for legal action if any alcohol is detected. The goal is deterrence—Maryland sends a clear message that underage drinking and driving is not tolerated under any circumstances.

It’s also important to understand that these BAC thresholds aren’t just numbers; they trigger specific administrative and potential criminal responses. A BAC over 0.02% in an underage driver may result in license suspension, fines, and mandatory participation in education programs—even if no crash or reckless behavior occurred. These consequences are imposed administratively by the Maryland Motor Vehicle Administration (MVA), separate from any criminal court action.

The enforcement of zero tolerance laws in Maryland plays a vital role in shaping safe driving habits early. Young drivers must be aware that even minimal alcohol consumption before getting behind the wheel can result in lasting penalties. This post explores the structure and application of Maryland’s zero tolerance BAC policies, who they apply to, and the consequences involved.

What “Zero Tolerance” Means Under Maryland Law

In Maryland, “zero tolerance” refers to the BAC enforcement policy aimed at drivers under the legal drinking age of 21. Under this framework, the state considers it a violation if an underage driver has a BAC of 0.02% or higher. This number is not chosen at random—it represents a level low enough to suggest any consumption of alcohol while providing a buffer for incidental exposure. The principle is clear: no drinking before driving if you’re under 21.

This 0.02% BAC threshold is enforced through administrative processes, meaning that law enforcement doesn’t need to prove impairment. Instead, if a breath or blood test shows an underage driver is at or above this level, penalties can be imposed regardless of driving behavior. This is different from standard DWI charges, which generally require evidence of impaired ability to operate a vehicle safely.

Maryland law allows police officers to request chemical testing if they have reasonable grounds to believe an underage driver has consumed alcohol. Refusal to take the test can also trigger penalties, including automatic suspension of the driver’s license. These tests are typically conducted using roadside breathalyzers or more formal breath or blood testing at a police station.

The zero tolerance policy is part of Maryland’s broader effort to keep roads safe by focusing on early prevention. The state treats even low levels of alcohol in underage drivers seriously, using these rules to promote safe, alcohol-free driving habits from the start.

Who Maryland’s Zero Tolerance BAC Laws Apply To

Maryland’s zero tolerance laws specifically apply to individuals under 21 years of age—the legal minimum drinking age in the United States. This includes all underage drivers regardless of whether they hold a full driver’s license, a provisional license, or a learner’s permit. The policy also applies whether the driver is a resident of Maryland or visiting from another state.

It’s important to note that the law doesn’t distinguish between private vehicle operators and those operating commercial or school vehicles under 21. If the driver is under the age threshold, they are subject to the 0.02% BAC limit. The law also applies equally across all vehicle types, from passenger cars to motorcycles.

Additionally, Maryland enforces the zero tolerance limit for underage drivers during all driving circumstances—whether the individual is driving alone, with passengers, during the day, or at night. Unlike standard DWI cases, where behavior and driving patterns may be considered in evaluating impairment, zero tolerance enforcement focuses solely on the BAC reading.

This universality in application reflects the intent of the law: to establish a clear and consistent message that underage drinking and driving is unacceptable. Drivers under 21 in Maryland are expected to maintain complete sobriety when operating any motor vehicle.

How BAC is Tested for Underage Drivers in Maryland

Maryland law allows police officers to administer chemical tests if they suspect a driver has been drinking. For underage drivers, the process is the same as it is for adults, though the consequences may differ. The most common testing method is a breathalyzer, used at the roadside or back at the police station, to provide an immediate BAC reading. Blood or urine tests may also be used, especially in cases involving accidents or hospital visits.

Officers must have reasonable suspicion that the driver has consumed alcohol to administer a test. For underage drivers, this suspicion might come from the smell of alcohol, admission of drinking, or erratic behavior. Once a test is performed, the results are used to determine whether the 0.02% threshold has been exceeded.

Refusing to submit to a chemical test in Maryland has consequences. Under the state’s implied consent laws, all drivers automatically agree to testing when they accept a license. If an underage driver refuses testing, the MVA may suspend their license for 120 days on a first offense and one year on a second offense.

Test results are recorded and may be used in administrative hearings, even if no criminal charges are filed. In many cases, the MVA can impose license sanctions based solely on BAC evidence. This separate administrative track underscores how seriously Maryland treats underage drinking and driving, even when it doesn’t rise to a criminal level.

Administrative Penalties for Violating Zero Tolerance BAC Laws

The penalties for violating zero tolerance BAC laws in Maryland are handled primarily through administrative actions by the Maryland MVA. These consequences are distinct from any potential criminal charges and can occur even if the underage driver is not formally arrested or charged in court.

If a driver under 21 tests at or above the 0.02% BAC threshold, the MVA may suspend their license for 6 months on a first offense. A second offense may result in a one-year suspension or even license revocation depending on the circumstances. These sanctions are not discretionary—the law mandates them based on BAC results alone.

In addition to license suspension, the underage driver may be required to complete an alcohol education or treatment program as a condition of license reinstatement. These programs are overseen by state-approved providers and must be completed before driving privileges are restored.

Maryland also tracks prior offenses through a central database. Repeat offenses can escalate the severity of penalties quickly. If an underage driver has a prior alcohol-related offense on their record, the MVA may impose stricter sanctions even if the new violation is minor.

These administrative penalties are intended to provide swift consequences and deter further violations. They emphasize rehabilitation and education, aligning with Maryland’s broader goals of promoting public safety and long-term behavior change among young drivers.

How Zero Tolerance Laws Differ from Standard DWI Charges

While zero tolerance BAC laws and standard DWI charges in Maryland both involve alcohol and driving, they are enforced under different standards and legal frameworks. The key difference lies in the required level of alcohol and the way the state treats impairment.

For drivers 21 and older, a DWI (Driving While Impaired) charge typically requires a BAC of 0.08% or proof of impaired driving ability. Law enforcement officers must establish that the driver is either legally impaired or poses a danger due to alcohol consumption. These cases are prosecuted in criminal court and may involve fines, jail time, and permanent records.

Zero tolerance cases for underage drivers, however, do not require proof of impairment. A BAC of just 0.02% is enough to trigger penalties, even if the individual was driving safely and exhibited no signs of intoxication. These are generally handled through administrative action unless there are additional charges involved.

Another major difference is the long-term legal impact. While DWI charges may appear on a criminal record, zero tolerance violations are typically reflected in driving records and handled through the MVA. This distinction affects how future employers, insurance companies, or schools may view the offense.

Despite these differences, Maryland considers both enforcement areas critical to road safety. By targeting underage drinking and driving at a lower BAC threshold, the state aims to prevent more serious incidents before they occur.

Education and Prevention Programs in Maryland

Maryland invests in public education and youth-focused prevention programs to support its zero tolerance BAC policy. These efforts are designed to raise awareness about the dangers of underage drinking and driving and to encourage safe decision-making among young people.

One key initiative is the state’s requirement for alcohol education courses for drivers who have violated the zero tolerance policy. These classes cover topics such as the effects of alcohol, state laws, and the long-term consequences of impaired driving. Completion of these courses is often required before a suspended license can be reinstated.

In schools, law enforcement agencies and nonprofit organizations often collaborate to provide educational presentations and materials aimed at teen drivers. These programs emphasize real-world scenarios and offer practical advice on avoiding high-risk situations, such as peer pressure or party environments.

Maryland also runs public service campaigns during prom season, graduation time, and summer months—periods when underage drinking incidents are more common. These campaigns often include advertisements, posters, and social media outreach to reinforce the zero tolerance message.

By combining enforcement with education, Maryland seeks to create a culture of responsibility among young drivers. The goal is not just punishment but lasting prevention.

FAQ: Common Questions About Zero Tolerance BAC in Maryland

What is the legal BAC limit for drivers under 21 in Maryland?
The legal BAC limit for drivers under 21 in Maryland is 0.02%. This is part of the state’s zero tolerance policy for underage drinking and driving.

Does a BAC of 0.02% mean I’m intoxicated?
Not necessarily. The 0.02% threshold is not used to define intoxication; it is a legal cutoff to discourage any drinking before driving for those under 21.

Can I be charged with a crime if I’m under 21 and have a 0.02% BAC?
Not usually. Violations of the zero tolerance law are typically administrative. However, criminal charges may apply if impairment is observed or if other laws are broken.

What happens if I refuse a breath test in Maryland?
Refusing a chemical test can result in automatic license suspension—120 days for a first offense and one year for a second.

Is there any tolerance at all for alcohol in underage drivers?
The 0.02% BAC limit allows for minor alcohol presence due to incidental exposure. However, it still enforces the idea that underage drivers should avoid drinking entirely.

Will a zero tolerance violation show up on background checks?
These violations usually affect your driving record, not your criminal record. However, insurance companies and some employers may see the MVA record.

Can I drive again after a zero tolerance suspension?
Yes, after completing any required programs and serving the suspension period, you may be eligible to have your license reinstated.

Conclusion

Maryland enforces a strict zero tolerance BAC policy for drivers under 21. Even a small amount of alcohol can result in administrative penalties, including license suspension and required alcohol education programs. The goal is to promote safer roads and instill lifelong responsible driving habits early.

To learn more about how alcohol levels affect DUI cases, visit the Blood Alcohol Content And Legal Limits page. For more details on age and driver-specific limits, check out the Legal Alcohol Limits by Age, Vehicle Type, and Driver Status resource.

February 1, 2026 | LDUIL

Is the BAC Limit Different for Commercial Drivers in Maryland?

Yes, it absolutely is. In Maryland, commercial drivers are held to a stricter legal standard when it comes to blood alcohol content (BAC). While most adult drivers are legally limited to a BAC of 0.08%, commercial drivers must not exceed 0.04% BAC when operating a commercial motor vehicle (CMV). That difference in allowable BAC—just half the general limit—has major implications for CDL holders in Maryland.

This article explains exactly how BAC laws in Maryland differ for commercial drivers, why the limit is lower, how enforcement works, and what penalties you might face even if you’re not driving a commercial vehicle at the time of the offense. Whether you’re new to commercial driving or want to protect your career, understanding these rules is critical.

Maryland’s Legal BAC Limits by Driver Type

The standard BAC limit in Maryland is 0.08% for drivers aged 21 and older who are operating a personal, non-commercial vehicle. However, that limit changes significantly based on the vehicle and license type.

Here’s a breakdown:

  • Standard drivers (21+): Legal BAC limit is 0.08%
  • Commercial drivers (CDL holders): Legal BAC limit is 0.04% while operating a CMV
  • Drivers under age 21: Legal BAC limit is 0.02% (zero-tolerance law)

So yes—the BAC limit is different for commercial drivers, and the threshold for enforcement is much stricter.

These laws apply under Maryland state law and are consistent with federal Department of Transportation (DOT) regulations.

What Is Considered a Commercial Vehicle in Maryland?

The 0.04% BAC rule doesn’t apply to just any driver with a CDL. It specifically applies when operating a commercial motor vehicle (CMV), which in Maryland includes:

  • Vehicles with a gross vehicle weight rating (GVWR) of 26,001 pounds or more
  • Vehicles designed to transport 16 or more passengers, including the driver
  • Vehicles carrying hazardous materials requiring placards

Common examples:

  • Tractor-trailers
  • Box trucks
  • Dump trucks
  • School buses and shuttle buses
  • Fuel tankers or other hazmat vehicles

Operating any of these types of vehicles while having a BAC of 0.04% or higher is a violation, regardless of whether the driver feels or appears impaired.

Why Commercial Drivers Are Held to a Lower BAC Limit

Commercial drivers are held to a stricter BAC limit for several important reasons:

  1. Higher public safety risk: Commercial vehicles are larger, heavier, and more dangerous in the event of a collision.
  2. Passenger responsibility: Many commercial drivers are responsible for transporting people.
  3. Hazardous cargo: Some CMVs carry dangerous materials that increase the stakes of impaired operation.
  4. Professional standards: Commercial drivers are trained professionals, held to federal and state safety compliance requirements.

Because of these factors, even minimal impairment can create serious risks. The 0.04% limit reflects this increased responsibility.

Consequences for Violating the Commercial BAC Limit

If a CDL holder is found operating a CMV in Maryland with a BAC of 0.04% or higher, the penalties can be both criminal and administrative.

Potential consequences include:

  • Immediate disqualification of your CDL for at least one year
  • License suspension or revocation
  • Criminal charges (DUI or DWI)
  • Fines and possible jail time
  • Mandatory alcohol treatment or education programs
  • Increased auto insurance rates
  • Permanent record of violation
  • Loss of employment or future hiring difficulties

If the driver was transporting hazardous materials, the minimum CDL disqualification is extended to three years.

And if the driver is convicted of a second offense of this nature, they can face a lifetime CDL disqualification under Maryland law.

CDL Penalties Even When Driving a Personal Vehicle

One of the most important (and sometimes overlooked) aspects of BAC law for CDL holders is that you can lose your commercial license even if the DUI occurred in your personal car.

Here’s how that works:

  • If you’re convicted of a DUI or DWI while driving a non-commercial vehicle, the Maryland MVA and federal guidelines still apply the penalties to your CDL.
  • A single DUI in a personal car = minimum one-year CDL disqualification
  • Repeat offenses = possible lifetime disqualification

This applies regardless of whether you were on the clock or operating a work vehicle. CDL status is based on license classification, not the type of vehicle you were driving when the offense occurred.

Alcohol Testing and CDL Enforcement

Commercial drivers in Maryland are subject to federal DOT testing regulations, including:

  • Pre-employment testing
  • Random testing
  • Post-accident testing
  • Reasonable suspicion testing
  • Return-to-duty and follow-up testing

Failing or refusing any of these tests can result in:

  • Immediate removal from safety-sensitive duties
  • CDL disqualification
  • Requirement to complete a Substance Abuse Professional (SAP) program

Even a BAC between 0.02% and 0.039% may result in temporary removal from duty until the next shift or further evaluation. Anything 0.04% or higher is treated as a BAC violation.

How Maryland Treats Refusals by CDL Drivers

Refusing to take a breathalyzer or BAC test is also a violation under Maryland’s implied consent law. For CDL holders, refusal is treated as if you tested over the legal limit.

Consequences include:

  • Automatic CDL disqualification for at least one year
  • License suspension for personal driving
  • Ineligibility for certain employer positions
  • Permanent record of refusal

Many employers have zero-tolerance policies for test refusal, meaning it could cost you your job even without a criminal conviction.

Can CDL Holders Get Expungement After a DUI?

In most cases, DUI-related convictions or administrative actions against a CDL cannot be expunged or sealed in Maryland. The Federal Motor Carrier Safety Regulations (FMCSR) require that alcohol-related offenses by CDL holders remain part of the driver’s permanent record for both public safety and employer access.

If you’re a commercial driver, this means:

  • DUIs stay visible to employers and insurers
  • You may be permanently disqualified from certain jobs
  • Insurance premiums may remain elevated long-term

Even if the conviction occurred while driving a personal car, its impact on your CDL can last years—or forever.

BAC Limits and CDL Driver Insurance Rates

A single BAC violation—whether or not it leads to a criminal conviction—can significantly impact a CDL holder’s insurance status:

  • Personal auto rates may rise 50–100%
  • Commercial driver coverage may be denied or canceled
  • Fleet managers may refuse to insure or employ the driver
  • Employment eligibility may be affected for years

Because many employers rely on insurance coverage for their drivers, a history of BAC violations can result in permanent hiring barriers.

FAQ: BAC Limits for Commercial Drivers in Maryland

What is the legal BAC limit for CDL drivers in Maryland?
The legal limit is 0.04% while operating a commercial vehicle.

Does the 0.04% BAC limit apply when I drive my personal car?
No, but any DUI conviction—even in a personal vehicle—can result in CDL disqualification.

Can I lose my CDL without a criminal conviction?
Yes. Administrative penalties from the Maryland MVA or federal authorities can disqualify your CDL even without a court conviction.

What happens if I refuse a BAC test as a CDL driver?
Refusal is treated as a failed test, resulting in automatic CDL disqualification.

How long does a DUI affect my CDL in Maryland?
At least one year for a first offense, and a lifetime ban for a second.

Conclusion

In Maryland, the BAC limit is undeniably stricter for commercial drivers—and for good reason. With greater responsibility comes greater scrutiny. The 0.04% threshold exists to protect public safety and ensure professional drivers are held to the highest standards. CDL holders must be especially cautious—not only while driving commercial vehicles but also in their personal lives, as any alcohol-related incident can put their license and livelihood at risk.

For a full breakdown of Maryland’s BAC standards and how they apply, visit our Blood Alcohol Content And Legal Limits guide. To learn more about legal alcohol limits by age, vehicle type, and driver status, check out our dedicated page: Legal Alcohol Limits by Age, Vehicle Type, and Driver Status.

February 1, 2026 | LDUIL

Can You Get a DUI Below the Legal Limit in Maryland?

Most drivers know that the legal blood alcohol content (BAC) limit in Maryland is 0.08%. What many don’t realize, however, is that it’s still possible to be charged with an alcohol-related driving offense even if your BAC is below that threshold. Maryland law allows for criminal charges based not just on chemical test results, but also on observed impairment.

This article explains how drivers in Maryland can face Driving While Impaired (DWI) charges even with a BAC below 0.08%, and under what conditions a lower BAC can still lead to serious legal consequences. We’ll also explore how law enforcement evaluates driver behavior, what “per se” limits mean, and what this means for you—even after just one or two drinks.

If you think you’re safe from a DUI just because you’re “under the limit,” read on. The law may say otherwise.

DUI vs. DWI: The Key Distinction in Maryland

Maryland law recognizes two separate offenses related to alcohol and driving:

  • DUI (Driving Under the Influence): Applied when your BAC is 0.08% or higher. This is a “per se” offense, meaning no further evidence of impairment is needed.
  • DWI (Driving While Impaired): Can be charged when your BAC is between 0.04% and 0.07%, or when your driving behavior suggests impairment—even if no BAC test is taken.

The second offense—DWI—is the one that makes it possible to be charged below the legal limit. Officers don’t need a high BAC to arrest and charge someone if they show signs of being unsafe behind the wheel due to alcohol.

That means you can be arrested for impaired driving with a BAC as low as 0.04%, or even lower, depending on the circumstances.

What the Law Says About Impairment Below 0.08%

Under Maryland Transportation Article § 21-902(b), a person can be charged with Driving While Impaired by Alcohol if they are affected “to an extent that makes the person incapable of driving safely.” The law does not require a specific BAC level to prove this.

Here’s how this plays out:

  • A BAC of 0.08% or more → automatic DUI charge
  • A BAC of 0.07% or less → possible DWI charge, if other signs of impairment are observed
  • No BAC reading available → DWI may still be charged based on observed behavior

In other words, you do not have to exceed 0.08% to be arrested or charged with an alcohol-related driving offense in Maryland.

How Police Determine Impairment Below the Legal Limit

Law enforcement officers in Maryland rely on more than just BAC tests to determine if a driver is impaired. If your BAC is below the legal limit, you can still be arrested if the officer believes your driving is unsafe or if you fail standard field sobriety tests.

Signs that may lead to a DWI arrest include:

  • Swerving or lane drifting
  • Delayed reaction times
  • Slurred speech
  • Bloodshot eyes
  • Odor of alcohol
  • Unsteady movements
  • Poor performance on field sobriety tests

If an officer observes these signs, and your BAC is even modestly elevated (such as 0.05%–0.07%), you could still be charged. The field sobriety test results combined with the officer’s written observations can serve as evidence in court.

BAC Ranges and Legal Risk in Maryland

Here’s how Maryland generally handles different BAC levels:

  • 0.00% – 0.02%: Typically not actionable unless the driver is underage or driving dangerously.
  • 0.02% – 0.07%: Risk zone. A driver may be charged with DWI if other signs of impairment are present.
  • 0.08% and above: Per se DUI. Legal intoxication is presumed.

It’s important to note that these are general guidelines, and real-world outcomes can vary. An officer may arrest a driver with a BAC of 0.05% if their driving behavior is deemed unsafe, especially if there was a crash or other public safety concern.

Underage and Commercial Drivers Face Stricter Rules

If you are a driver under 21, Maryland has a zero-tolerance policy. You can face DUI-related consequences for a BAC of 0.02% or higher. That means even a trace amount of alcohol may lead to a charge and administrative penalties such as license suspension.

Commercial drivers are also held to a stricter standard. The BAC limit for commercial vehicle operation is 0.04%. A CDL holder can face disqualification from commercial driving even without a criminal conviction.

In both cases, the threshold for what constitutes “impaired driving” is much lower—and penalties may be even more severe.

What Happens If You’re Charged Below the Legal Limit?

Being charged with DWI rather than DUI in Maryland generally results in slightly less severe penalties—but the consequences are still serious and can include:

  • Up to 60 days in jail
  • Fines up to $500
  • 8 points on your driver’s license
  • License suspension
  • Increased insurance premiums
  • Court-ordered alcohol education or treatment programs

A second offense, even at lower BAC levels, can result in enhanced penalties and longer license suspensions.

It’s also worth noting that while a DWI carries fewer criminal penalties than a DUI, it still creates a permanent mark on your record unless expungement applies (which it rarely does).

Refusing the BAC Test Doesn’t Prevent Charges

Maryland drivers often wonder if refusing the BAC test will prevent charges. The answer: not necessarily.

Maryland’s implied consent law requires drivers to submit to chemical testing when lawfully requested. Refusing the test can result in:

  • Automatic license suspension
  • Disqualification from the Ignition Interlock Program
  • Use of refusal as evidence in court

Even without a BAC reading, the officer may still arrest and charge you with DWI based on observed impairment.

Situations Where Drivers Are Commonly Charged Below 0.08%

Here are real-world scenarios where Maryland drivers might be charged with a DUI-related offense even though they were “under the limit”:

  • A driver has a BAC of 0.06% but was pulled over for swerving and fails a field sobriety test.
  • A young driver under 21 registers a BAC of 0.03% during a routine checkpoint.
  • A commercial driver blows 0.05% after a minor traffic violation in a delivery vehicle.
  • A driver involved in a minor accident registers 0.07%, and police note signs of slurred speech and imbalance.

In each of these cases, the BAC is under 0.08%, but charges may still follow due to the presence of impairment, the driver’s classification, or Maryland’s specific laws.

FAQ: DUI Charges Below the Legal Limit in Maryland

Can I be arrested for DUI with a BAC under 0.08% in Maryland?
Yes. While DUI typically requires 0.08% or higher, you can be charged with DWI for a lower BAC if impairment is evident.

What is the BAC threshold for DWI in Maryland?
There is no fixed limit, but charges are commonly brought with a BAC between 0.04% and 0.07%, depending on the situation.

Is there a lower limit for commercial or underage drivers?
Yes. The limit is 0.04% for commercial drivers and 0.02% for drivers under 21.

Can I refuse a breath test to avoid charges?
You can refuse, but your license may be suspended automatically, and the refusal can be used in court.

What penalties can I face for a DWI?
DWI penalties include jail time, fines, license suspension, and points on your license—even if your BAC is below 0.08%.

Conclusion

In Maryland, it’s entirely possible to face alcohol-related driving charges with a BAC below the legal limit of 0.08%. Through DWI laws, police and prosecutors can pursue cases based on impaired behavior, physical signs, or driving patterns—even when the driver’s BAC is lower than expected.

Understanding this distinction is crucial for anyone who drinks and drives—even moderately. The safest approach is always to avoid driving after consuming any amount of alcohol, especially if you’re under 21, driving commercially, or unsure of your BAC.

To learn more about how BAC is used in DUI cases, visit our full guide on Blood Alcohol Content And Legal Limits. For a deeper explanation of what BAC means under DUI laws, explore What Blood Alcohol Content (BAC) Means Under DUI Laws.

February 1, 2026 | LDUIL

What Is the Legal BAC Limit in Maryland?

In Maryland, the line between legal and illegal driving after consuming alcohol is defined by your Blood Alcohol Content (BAC)—a measurement that reflects the amount of alcohol in your bloodstream. While many people understand that “0.08%” is the general threshold, few know the full scope of BAC laws in Maryland, including how they differ for underage drivers, commercial vehicle operators, and how BAC levels influence the severity of DUI charges.

This article provides a full breakdown of Maryland’s legal BAC limits, how law enforcement tests BAC, and what happens if you’re found over the limit. It also covers how BAC readings affect penalties, and what factors may influence your results—even when you feel sober.

If you’re a Maryland driver—or plan to be—understanding BAC laws is key to making informed decisions and avoiding long-term consequences.

What Is BAC and Why It Matters in Maryland

Blood Alcohol Content (BAC) refers to the percentage of alcohol in your bloodstream. A BAC of 0.08% means that 0.08% of your blood is alcohol by volume. Maryland law uses BAC levels as a benchmark to determine whether a driver is impaired and subject to criminal penalties.

Maryland enforces two types of alcohol-related driving charges:

  • DUI (Driving Under the Influence): Charged when BAC is 0.08% or higher
  • DWI (Driving While Impaired): Charged when BAC is 0.07% or lower, but there’s still evidence of impairment

This dual-charge structure means that even if you’re under the 0.08% mark, you can still be cited for impaired driving based on officer observations, poor performance on field sobriety tests, or unsafe driving behavior.

BAC matters because it provides an objective measurement—one that’s widely accepted in court—to prove alcohol impairment. However, it’s not the only factor used to determine whether a driver is under the influence in Maryland.

The Standard Legal BAC Limit for Most Drivers

For drivers age 21 and over operating a non-commercial vehicle, the legal BAC limit in Maryland is 0.08%. This threshold is considered a “per se” violation, meaning that if your BAC is 0.08% or higher, you are automatically presumed to be impaired under the law—no further evidence is needed.

Maryland’s BAC laws align with national standards and reflect federal guidelines on impaired driving enforcement. A driver caught over this limit can be charged with Driving Under the Influence, a criminal offense that comes with serious legal and administrative consequences.

Important points:

  • If your BAC is 0.08% or above, you may be arrested and charged with DUI
  • You can also be charged if you’re below 0.08% but show signs of impairment (DWI)
  • The penalties increase significantly with higher BAC readings, especially above 0.15%

Being slightly over the line does not minimize the legal consequences. The penalties for DUI in Maryland can include fines, license suspension, ignition interlock requirements, and possible jail time—even for first-time offenders.

Lower BAC Limits for Commercial Drivers

If you hold a commercial driver’s license (CDL) in Maryland, you’re held to a stricter standard. The legal BAC limit for CDL holders operating a commercial vehicle is just 0.04%.

This applies to:

  • Truck drivers
  • Bus drivers
  • School transportation operators
  • Drivers of large or hazardous-material vehicles

Why the lower limit? Commercial drivers operate larger, often more dangerous vehicles. They are also often entrusted with public safety, which is why federal and state regulations enforce tougher standards.

A CDL holder with a BAC of 0.04% or higher while driving a commercial vehicle can face:

  • DUI or DWI charges
  • Immediate disqualification of their commercial license
  • Suspension of their personal driver’s license
  • Difficulty securing future employment in commercial driving

It’s also important to note that even if the DUI occurred in a non-commercial vehicle, the conviction can still affect your CDL and potentially end a commercial driving career.

Zero Tolerance for Underage Drivers

Maryland enforces a zero-tolerance policy for drivers under the age of 21. This means that underage drivers can be penalized for a BAC of just 0.02% or higher—a level low enough to be reached after consuming even a small amount of alcohol.

This law is in place to support the federal “Zero Tolerance” policy and discourage any alcohol consumption before driving by individuals not legally permitted to drink.

Consequences for underage DUI in Maryland may include:

  • License suspension or revocation
  • Fines and court-ordered programs
  • Points added to the driver’s record
  • Mandatory alcohol education courses
  • Increased auto insurance premiums

The Maryland MVA also has the authority to impose administrative penalties even without a criminal conviction. This means a young driver could face long-term consequences for any detectable BAC over the limit—even if it doesn’t lead to a formal conviction.

How BAC Is Measured by Law Enforcement

When Maryland law enforcement suspects a driver is under the influence, they typically conduct one or more of the following tests to measure BAC:

  • Preliminary breath test (PBT) using a handheld device during a traffic stop
  • Evidentiary breath test (at a police station using certified equipment)
  • Blood test (in cases involving accidents, refusals, or medical conditions)
  • Urine test (less common)

The evidentiary breath test is the most common method and is administered after arrest. If your BAC is at or above the legal threshold, you may be charged accordingly.

It’s important to understand that BAC can continue to rise after your last drink due to the way alcohol is absorbed into the bloodstream. A driver may feel sober but still register an over-the-limit BAC reading.

Refusing a BAC Test in Maryland

Maryland operates under an implied consent law, meaning that by driving on public roads, you’ve agreed in advance to submit to a BAC test if lawfully requested by an officer.

If you refuse to take a BAC test:

  • Your driver’s license may be automatically suspended
  • You may face higher administrative penalties than if you had complied
  • You may be ineligible for certain driving programs, like the Ignition Interlock System
  • Your refusal can be used as evidence in court

Even if you avoid a criminal conviction, refusing the test has consequences with the Maryland MVA, and your refusal doesn’t guarantee you won’t face charges.

How BAC Affects Penalties in Maryland

BAC level at the time of arrest plays a major role in determining both criminal and administrative penalties.

Here’s how penalties may escalate based on BAC level:

  • 0.08% to 0.14%: Standard DUI charges and penalties
  • 0.15% or higher: Enhanced penalties, including:
    • Longer license suspension
    • Mandatory enrollment in the Ignition Interlock Program
    • Higher fines or extended jail time for repeat offenders

Judges and prosecutors often view high BAC levels as an aggravating factor. This can impact sentencing decisions, particularly if the driver was involved in an accident or had minors in the vehicle at the time of arrest.

What Affects BAC Readings?

Even small changes in personal or situational factors can cause BAC levels to vary significantly. These include:

  • Body weight and size: Smaller people typically reach higher BACs faster.
  • Biological sex: Women generally process alcohol more slowly than men.
  • Time between drinks: Rapid consumption leads to faster intoxication.
  • Food intake: Drinking on an empty stomach increases BAC more quickly.
  • Rate of metabolism: Individual metabolic rates affect alcohol processing.
  • Type of alcohol consumed: Some drinks have a higher concentration of alcohol than others.

Because of these variables, it’s almost impossible to estimate BAC reliably without using an actual testing device. Feeling “fine” is not the same as being legally below the limit.

FAQ: BAC and Maryland DUI Laws

What is the BAC limit for most drivers in Maryland?
The legal BAC limit is 0.08% for non-commercial drivers age 21 and older.

Can I be charged with DUI if my BAC is below 0.08%?
Yes. If your BAC is 0.07% or lower and you show signs of impairment, you can be charged with Driving While Impaired (DWI).

What is the BAC limit for underage drivers?
The limit is 0.02% for drivers under the age of 21 due to Maryland’s zero-tolerance policy.

What’s the BAC limit for commercial drivers?
The limit is 0.04% when operating a commercial motor vehicle.

How long does BAC stay in your system?
Alcohol typically clears from your system at a rate of about 0.015% per hour, but this varies by individual.

Conclusion

In Maryland, the legal BAC limit is more than just a number—it defines the boundary between lawful driving and criminal charges. With limits set at 0.08% for most drivers, 0.04% for commercial operators, and 0.02% for underage drivers, the state’s BAC laws are structured to discourage drinking and driving in all forms.

Whether you’re a new driver, a CDL holder, or simply someone trying to stay safe, understanding Maryland’s BAC limits can help you avoid serious consequences. Remember: even a single drink can be enough to cross the legal threshold, especially under certain conditions.

For a broader explanation of BAC laws and their enforcement, visit the Blood Alcohol Content And Legal Limits page. To explore how BAC relates to DUI enforcement, see our focused article on What Blood Alcohol Content (BAC) Means Under DUI Laws.

February 1, 2026 | LDUIL

How a DUI Affects Auto Insurance in Maryland

Getting convicted of a DUI in Maryland can have a serious and long-lasting impact on your driving record, but one of the most immediate and expensive consequences is how it affects your auto insurance. Many drivers are surprised to learn just how much their premiums can increase—and for how long—after a DUI conviction or even a DUI-related administrative action.

Insurance companies in Maryland, like those across the country, assess risk when calculating rates. A DUI marks you as a high-risk driver, which often results in steep premium hikes, policy changes, and limited coverage options. In some cases, your insurer may even cancel your policy altogether.

This post explains how a DUI affects auto insurance in Maryland, what to expect after a conviction, how long the impact lasts, and steps you can take to manage or reduce your insurance costs moving forward. Whether you’re dealing with the aftermath of a DUI or planning ahead, understanding the insurance implications is a key part of the picture.

Why Insurers Raise Rates After a DUI

Auto insurance is all about assessing risk. When you’re convicted of a DUI, insurance companies interpret that as a major indicator of high-risk behavior behind the wheel. As a result, your premiums are likely to increase—sometimes significantly.

Here’s why:

  • A DUI shows poor decision-making while driving
  • It increases the likelihood of future claims
  • It signals a higher chance of accidents, injuries, and liability

In Maryland, insurers are legally allowed to use your driving record—including DUI convictions—to set premiums. Some companies have specific thresholds for how they treat high-risk drivers, and a DUI often pushes you over that threshold immediately.

This change can result in:

  • Sharp rate increases at your next renewal
  • Reclassification to a high-risk insurance pool
  • Loss of safe driver discounts or loyalty benefits

Each company handles this differently, but the outcome is usually the same: you’ll be paying more for the same coverage.

How Much More Will You Pay After a DUI?

While exact numbers vary based on the insurer and your overall driving history, Maryland drivers with a DUI can expect to see rate increases ranging from 40% to over 100%. For some, that could mean paying an extra $1,000 or more per year.

Factors that influence the increase include:

  • Your age and gender
  • Previous driving record
  • Whether it’s your first DUI or a repeat offense
  • The type of vehicle you drive
  • Your current insurer’s policies

In addition to higher premiums, you may be ineligible for certain types of coverage or may be required to pay higher deductibles. Some companies may even require you to switch to a non-standard or specialty insurer that handles high-risk drivers exclusively.

If your current provider decides to cancel your policy due to the DUI, finding affordable coverage with a new insurer can be even more difficult.

SR-22 and Other Requirements in Maryland

Unlike some states, Maryland does not require an SR-22 (a certificate of financial responsibility) after a DUI conviction. However, that doesn’t mean you’re off the hook when it comes to proving your coverage.

Maryland may require you to:

  • Enroll in the Ignition Interlock Program
  • Maintain continuous insurance coverage
  • Provide proof of insurance to the Maryland MVA upon request

If your license is suspended or revoked due to a DUI, you’ll likely have to reinstate it later—and that process involves showing proof of valid insurance coverage.

Even without an SR-22 requirement, insurance companies in Maryland are still informed of your DUI conviction through the MVA, and they adjust your rates accordingly.

How Long Will Higher Insurance Rates Last?

A DUI conviction will affect your auto insurance for at least three to five years, but in some cases, it can continue to influence your premiums for up to seven years or more. The exact timeline depends on:

  • Your insurance company’s internal policies
  • How long the DUI remains on your driving record (often visible for 5–10 years)
  • Whether you incur any additional violations

Here’s a general guideline:

  • First 1–3 years: Rates are typically at their highest.
  • Years 4–5: Premiums may start to decrease if you maintain a clean driving record.
  • Beyond year 5: Some insurers may reclassify you as lower risk, especially if no further violations occur.

That said, some companies continue to factor DUI convictions into pricing for as long as the offense is visible on your driving record, which can be indefinitely within internal insurer databases—even if it no longer impacts license points.

Can You Still Get Insurance After a DUI?

Yes—but your options may be limited. After a DUI in Maryland, some mainstream insurance companies may decline to renew your policy or quote you extremely high premiums. In that case, you might need to look at:

  • High-risk insurance providers
  • Non-standard insurance carriers
  • State-assigned risk pools (as a last resort)

While high-risk providers offer coverage, it often comes at a higher cost and with fewer benefits. You may also face stricter rules about payment plans, late fees, and policy renewal.

Shopping around is essential. Different insurers treat DUI-related risk differently, and rates can vary significantly. Using an independent agent familiar with high-risk coverage can help you compare your options more effectively.

Tips to Reduce Auto Insurance Costs After a DUI

Although you can’t erase a DUI from your record, you can take steps to help reduce the impact on your auto insurance over time:

  1. Maintain a clean driving record: Avoid new tickets or accidents.
  2. Take a defensive driving course: Some insurers offer discounts for this.
  3. Drive a lower-risk vehicle: Insurance costs are partially based on the car.
  4. Raise your deductible: This lowers your premium but increases out-of-pocket costs.
  5. Bundle your policies: Combine auto with renter’s or homeowner’s insurance.
  6. Ask about discounts: Not all will apply, but some may still be available.

Time is also a key factor. The longer you go without another incident, the better your standing with most insurers.

Will Insurance Companies Ever Stop Charging You More?

Eventually, yes—but it takes time. Most Maryland insurers gradually reduce DUI-related surcharges after three to five years of clean driving, though this can vary by provider. After that period, your rates may return closer to market average—especially if your record remains free of other violations.

However, it’s important to remember:

  • The DUI doesn’t disappear from your driving history automatically
  • Some insurers keep internal records longer than the state MVA
  • Repeat offenses reset the timeline and can lock you into high rates permanently

Being proactive about your coverage and driving habits is the best way to move past a DUI financially.

FAQ: DUI and Auto Insurance in Maryland

How much does insurance go up after a DUI in Maryland?
It varies, but many drivers see a 40%–100% increase in premiums following a DUI.

Do I need SR-22 insurance after a DUI in Maryland?
No. Maryland does not require SR-22 forms, but you still need to maintain proof of insurance.

Can I be denied auto insurance after a DUI?
Yes. Some insurers may cancel or refuse to renew your policy. Others may offer high-risk policies at increased rates.

How long does a DUI affect insurance in Maryland?
Typically 3–5 years, but the impact can last longer depending on your driving history and insurer.

Can I lower my insurance costs after a DUI?
Yes—by maintaining a clean record, taking driving courses, and comparing high-risk providers.

Conclusion

In Maryland, a DUI can have a significant and lasting impact on your auto insurance. From higher premiums and limited coverage options to increased scrutiny from insurers, the consequences go far beyond court fines or license suspensions. While there’s no way to avoid this impact entirely, understanding what to expect—and how to manage it—can help you minimize the financial burden over time.

For more insights on the long-term consequences of DUI offenses, visit the DUI Records And Long Term Impact page. To learn more about how a DUI affects auto insurance rates, check out our dedicated article: How a DUI Affects Auto Insurance Rates.

February 1, 2026 | LDUIL

Will a DUI Affect Employment in Maryland?

A DUI conviction in Maryland doesn’t just affect your ability to drive—it can impact your professional life in ways that many people don’t expect. Whether you’re applying for a job, maintaining a professional license, or pursuing a career that involves public trust or safety, a DUI on your record can introduce challenges.

Understanding how DUI records are handled in Maryland, who can see them, and how employers respond is key to knowing where you stand. The short answer is yes—a DUI can affect employment in Maryland, but the degree of impact depends on several factors including the type of job, the age of the offense, and the specific outcome of your case.

In this blog post, we’ll explore how a DUI may influence job applications, ongoing employment, and professional licensing. If you’re concerned about whether your record might hold you back, this post offers clear, fact-based information to help you move forward.

How Employers View DUI Convictions in Maryland

In Maryland, a DUI is considered a criminal offense, not just a traffic ticket. That means it appears on your criminal record, which is often accessed by employers during background checks. Whether the offense will affect your chances depends on the nature of the job and the employer’s hiring policies.

Some employers may take a strict stance, particularly in industries that prioritize:

  • Driving responsibilities
  • Public safety
  • Government work
  • Childcare or elder care
  • Financial accountability

In these cases, a DUI—even one from years ago—can be a red flag. However, other employers may be more lenient, especially if the offense was isolated and occurred in the distant past. For many entry-level and office jobs, a single DUI does not automatically disqualify you.

It’s worth noting that Maryland does not prohibit private employers from considering criminal history in hiring decisions. That means they can legally factor a DUI into their evaluations, although federal guidelines encourage considering context, recency, and relevance.

How DUI Convictions Show Up During Job Applications

When you apply for a job, you may be asked to consent to a background check. In Maryland, most checks will reveal a DUI conviction, especially if it’s recent. Here’s what typically appears:

  • The DUI charge
  • Case disposition (e.g., guilty, Probation Before Judgment)
  • Sentencing details (e.g., fines, probation, license actions)

Employers may use this information to assess your judgment, reliability, or potential liability in the workplace. For roles that require driving—such as delivery, transportation, or company vehicle use—a DUI may result in disqualification due to insurance restrictions or company policy.

Even if you are not required to drive for your job, the presence of a DUI can influence hiring decisions, depending on how risk-averse the employer is.

Does a DUI Always Disqualify You From Getting a Job?

Not necessarily. While a DUI may raise concerns, it doesn’t automatically block employment in most fields. Many employers take a case-by-case approach and consider factors like:

  • How long ago the DUI occurred
  • Whether it was a first-time offense
  • The absence of additional criminal history
  • Your qualifications and interview performance
  • Whether you disclosed the offense when asked

Some employers may ask you to explain the situation during the hiring process. In these cases, honesty and context are helpful. For example, emphasizing that the offense was years ago and that you’ve maintained a clean record since can work in your favor.

Maryland also has a “Ban the Box” law, which prohibits employers with 15 or more employees from asking about criminal history on the initial job application. However, they can still ask about it later in the process and conduct background checks before hiring.

What About PBJ (Probation Before Judgment)?

In Maryland, some first-time DUI offenders are offered Probation Before Judgment (PBJ). If you receive a PBJ, you’re found guilty, but the court withholds entering a conviction and places you on probation.

While PBJ is not a conviction, it still shows up on background checks and can be seen by employers. It can also be considered by licensing boards and government agencies. Additionally, PBJ for DUI cases in Maryland cannot be expunged, meaning it stays on your record permanently unless dismissed for another reason.

While PBJ may improve your standing compared to a formal conviction, it does not guarantee that a DUI won’t affect your employment opportunities.

DUI and Professional Licensing in Maryland

If you work in or are applying for a professionally licensed field, a DUI can present more serious challenges. Licensing boards often have higher standards for conduct and may require disclosure of criminal offenses—even if they don’t result in a conviction.

Industries most likely to be affected include:

  • Healthcare
  • Law
  • Education
  • Real estate
  • Financial services
  • Government positions

Each licensing board has its own policies, but in general, they may review:

  • The nature of the offense
  • Whether it was disclosed properly
  • Evidence of rehabilitation
  • Whether the offense relates to job duties

In some cases, a DUI may delay or prevent license approval or renewal. It may also trigger a disciplinary review if committed while already licensed.

How to Manage a DUI When Applying for Jobs

If you have a DUI on your record and are job hunting in Maryland, here are practical steps to improve your chances:

  1. Know what’s on your record: Use the Maryland Judiciary Case Search to see how the case appears.
  2. Be honest if asked: Lying about your record can result in immediate disqualification.
  3. Prepare a brief explanation: Be clear, non-defensive, and focused on how you’ve moved forward.
  4. Focus on your qualifications: Highlight skills, achievements, and recent accomplishments.
  5. Avoid repeat offenses: A second DUI can significantly increase barriers to employment.

Being proactive and prepared helps show employers that you take responsibility and are focused on growth.

Will a DUI Affect Your Current Job?

In some cases, yes. If your current position requires driving or involves security clearances, a DUI could lead to disciplinary action or job loss. Maryland is an at-will employment state, meaning an employer can terminate employment for any lawful reason—including a criminal conviction.

However, if your job does not involve driving or safety-sensitive duties, your employer may not take any action—especially if it was a first-time offense and didn’t affect work performance.

Some companies also have policies requiring employees to report arrests or convictions. Failing to do so could result in disciplinary action, even if the offense itself wouldn’t have triggered consequences.

FAQ: DUI and Employment in Maryland

Can I be fired for a DUI in Maryland?
Yes. Maryland is an at-will state, and employers can terminate employees for criminal convictions, including DUI.

Will a DUI show up on job background checks?
Yes. DUI convictions and PBJ outcomes appear on background checks in Maryland.

Does a DUI disqualify me from all jobs?
No. While it may limit opportunities in certain fields, many employers consider the full context before making a decision.

Can I get a professional license with a DUI on my record?
It depends. Some licensing boards may approve applicants with a DUI, while others may require additional review or documentation.

Will a DUI from years ago still affect me?
Possibly. Older DUIs may carry less weight, but they still appear on records unless expunged (which is rare for DUI in Maryland).

Conclusion

In Maryland, a DUI can affect your employment opportunities—especially if the job involves driving, licensing, or public safety. The offense appears on most background checks, and even Probation Before Judgment (PBJ) outcomes are visible to employers and agencies.

However, a DUI doesn’t automatically end your career. Many employers consider the context of the offense, your record since the incident, and your overall qualifications. Being honest, prepared, and proactive can help you manage its impact and continue moving forward professionally.

To better understand the long-term effects of DUI on your career, visit the DUI Records And Long Term Impact page. For more details on how DUI affects job prospects, explore our focused guide on the Employment and Professional Impact of a DUI.

February 1, 2026 | LDUIL

Does a DUI Show Up on Background Checks in Maryland?

If you’ve been charged with or convicted of a DUI in Maryland, it’s natural to wonder how that will affect your future. One of the most pressing concerns for many people is how a DUI appears on background checks—particularly when applying for a job, housing, or a professional license.

In Maryland, a DUI is a criminal offense, and that means it can and often does appear on standard background checks. Whether you were convicted, received probation before judgment (PBJ), or had the charges dismissed, the outcome of your case plays a major role in what shows up.

This blog post explains how DUI records are stored in Maryland, who can see them, how different outcomes affect your record, and what to expect during background screening processes. If you’re worried about what a potential employer or landlord might find, this post gives you clear, neutral answers based on Maryland law.

How Criminal Records Work in Maryland

In Maryland, all criminal records—including DUI-related cases—are managed by the Maryland Judiciary Case Search system and associated databases. These records are public and can be accessed by employers, agencies, and even members of the public in many cases.

A DUI in Maryland is classified as a criminal offense, not a traffic ticket. That means the case becomes part of your criminal history, and unless the charges were dropped, dismissed, or expunged, the record can show up on a background check.

Even if the case didn’t result in a conviction, the fact that charges were filed may still appear in certain screenings unless the record has been formally expunged. The level of visibility depends on who is conducting the check and what kind of background screening they use.

Will a DUI Always Appear on an Employment Background Check?

Most employment background checks do reveal DUI offenses in Maryland—especially if there was a conviction. Employers typically use third-party screening services that pull data from both state and national databases, including the Maryland courts system and federal background check systems.

Here’s what may show up:

  • Arrest date and charge (e.g., DUI under Transportation Article § 21-902)
  • Court outcome (guilty, PBJ, dismissed)
  • Sentencing details (probation, fine, jail time)

If you were convicted, that record will appear indefinitely. If you received PBJ, the record still exists and may show up unless it has been expunged (which, in the case of DUI PBJs, is generally not allowed in Maryland).

That said, not all employers treat DUI offenses the same. Some may overlook older or isolated offenses—especially if they are unrelated to the job responsibilities—while others may use it as a disqualifying factor, particularly for roles involving driving or safety.

How Do Housing, Licensing, and Government Checks Handle DUIs?

DUI records in Maryland may also appear during:

  • Rental applications
  • Professional license background checks
  • Military or government employment screenings
  • Immigration reviews or visa renewals

These types of checks often go deeper than basic employment screens. For example, professional licensing boards (such as those for healthcare or legal professions) often conduct full criminal history checks, including searches of state judiciary records and federal criminal databases.

Because DUI is considered a public safety issue, it may carry weight in these reviews even if it happened years ago. Some boards may request an explanation or documentation related to the offense as part of the application process.

What If the DUI Was Dismissed or I Was Found Not Guilty?

If your DUI case in Maryland was:

  • Dismissed
  • Nolle prosequi (not prosecuted)
  • Resulted in an acquittal
  • Placed on the “stet” docket (inactive)

…then you may be eligible to expunge the record, which can prevent it from showing up on most background checks.

However, until that expungement is requested and approved, the record still appears, even if the outcome was in your favor. Many people mistakenly assume that dismissal or acquittal automatically removes the record—it does not.

To remove the record entirely, you must file for expungement through the court and wait the required period (typically three years, though this may be waived for good cause in some cases).

Does a PBJ Show Up on Background Checks?

Yes. In Maryland, Probation Before Judgment (PBJ) for DUI still appears on background checks.

Although PBJ avoids a formal conviction, it is still considered a part of your legal record and is often visible to employers, licensing boards, and government agencies.

Even more importantly: PBJ for DUI cases is not eligible for expungement under Maryland law. That means it can remain visible indefinitely, depending on the type of check being run.

PBJ may still be beneficial when explaining the case to an employer—it shows you weren’t convicted—but it doesn’t guarantee the record won’t appear in background searches.

Will a DUI Always Affect Employment or Housing?

Not necessarily. While a DUI may appear on background checks, different entities make decisions based on:

  • The age of the offense
  • The severity of the case
  • Whether it was a first-time or repeat offense
  • The nature of the position (e.g., driving-related, government clearance, etc.)
  • Whether any additional legal action was taken (e.g., probation violations)

For example, a DUI from 10 years ago may not be a deal-breaker for a tech job with no driving requirement, but it could raise flags in a job involving commercial vehicle operation or public safety.

Maryland law does not restrict employers from considering DUI history, though federal guidelines encourage employers to consider factors like relevance, rehabilitation, and recency.

What Can You Do If a DUI Is on Your Record?

If your DUI is visible in background checks and not eligible for expungement (which is often the case in Maryland), here are a few practical steps:

  • Be honest if asked: Many employers appreciate transparency.
  • Highlight time passed and good behavior: Emphasize a clean record since the offense.
  • Prepare explanations: For professional licenses or interviews, be ready to discuss the offense factually and clearly.
  • Check your record: Use the Maryland Judiciary Case Search to review what appears.

Being proactive helps you manage the impact of a visible record, even if you can’t remove it.

FAQ: DUI and Background Checks in Maryland

Will my DUI show up on a job background check in Maryland?
Yes. Most employment background checks will show a DUI conviction or PBJ, unless the case was dismissed and expunged.

Can I expunge a DUI so it doesn’t show up?
DUI convictions and PBJs are not eligible for expungement under Maryland law. Only dismissed or dropped charges may be expunged.

Does a dismissed DUI show up on a background check?
Yes—unless you take steps to expunge it. Dismissed cases do not disappear automatically.

What about housing background checks?
Landlords may see a DUI on your record, especially if using a full criminal background service.

Will a DUI affect professional licensing in Maryland?
It can. Licensing boards often conduct deep background checks and may consider DUI history when reviewing applicants.

Conclusion

In Maryland, a DUI can and often does appear on background checks—especially if it resulted in a conviction or a PBJ. While dismissed or dropped charges can sometimes be expunged, most DUI records remain visible and accessible indefinitely.

Understanding how these records are viewed by employers, landlords, and licensing boards is important when planning your next steps. While you may not be able to remove the DUI from your record, you can still prepare for how it will be seen and manage its impact over time.

For a complete overview of the long-term effects of DUI records, visit the DUI Records And Long Term Impact page. To learn more about how DUI convictions appear on background checks, check out our guide on How DUI Convictions Appear on Background Checks.

February 1, 2026 | LDUIL

Can a DUI Be Expunged or Sealed in Maryland?

In Maryland, a DUI conviction carries more than immediate consequences—it can leave a lasting mark on your legal and personal history. One of the most common questions people ask after dealing with a DUI case is whether there’s any way to remove it from their record. Can it be expunged? Can it be sealed? What does Maryland law actually allow?

This blog post will walk you through the facts about DUI expungement and record sealing in Maryland. It explains the differences between criminal records and driving records, the rules around clearing or restricting access to these records, and whether options like Probation Before Judgment (PBJ) change the outcome.

Understanding the rules ahead of time can help you know what to expect after a DUI case is resolved. If you’re wondering whether it’s possible to move on without that mark following you, this post will provide the clarity you need.

Maryland’s Expungement Laws and DUI Convictions

Maryland law is clear: DUI convictions are not eligible for expungement. Unlike some other types of charges or infractions, a conviction for driving under the influence is permanently recorded on your criminal history.

Expungement in Maryland is a legal process that allows certain criminal charges or case outcomes to be removed from public records. Once expunged, the record is no longer visible to employers, landlords, or background check agencies.

However, the state’s expungement statute specifically excludes DUI and DWI convictions from being eligible—regardless of how much time has passed or whether you have remained offense-free.

This means that if you were convicted of DUI in Maryland, the offense will stay on your criminal record indefinitely. There is no process to seal or erase it under current law.

Can Charges Be Expunged If You Weren’t Convicted?

While convictions cannot be expunged, there are some scenarios where DUI charges (not convictions) may be eligible for removal.

You may qualify for expungement if:

  • The DUI charge was dismissed
  • You were found not guilty at trial
  • The prosecution entered a nolle prosequi (chose not to prosecute)
  • The court issued a stet (inactive status)

In these cases, you can typically request an expungement three years after the case resolution, although this waiting period can sometimes be waived for good cause.

It’s important to note that these expungement opportunities apply only when there was no conviction. If you were convicted of DUI—even once—you are not eligible under Maryland’s current laws.

What About Probation Before Judgment (PBJ)?

One exception that often causes confusion is Probation Before Judgment (PBJ). This is a legal option available to some first-time DUI offenders in Maryland. If granted PBJ, you are found guilty, but judgment is withheld, and you are placed on probation.

PBJ has benefits:

  • It is not considered a conviction
  • It can sometimes be expunged—but not for DUI

Maryland law prohibits the expungement of PBJ outcomes for DUI or DWI offenses. Even though it avoids a formal conviction on your criminal record, it still appears in background checks and remains part of your legal history.

So while PBJ may reduce the immediate consequences and offer more lenient treatment, it does not allow for record clearance in DUI cases.

Does Expungement Remove the DUI From My Driving Record?

Even if you’re eligible to expunge a dismissed DUI charge, that does not affect your driving record. In Maryland, the Maryland Motor Vehicle Administration (MVA) maintains separate driving records, which track all traffic violations, including DUI arrests and administrative actions.

The driving record:

  • Is not cleared by criminal expungement
  • May still reflect DUI-related actions like license suspension
  • Remains visible to insurance companies and law enforcement

So even in cases where expungement is granted for the criminal record, the incident may still remain in the MVA’s records for 5–10 years or more, depending on the circumstances.

Why DUI Convictions Are Treated Differently in Maryland

DUI convictions are excluded from expungement in Maryland due to the public safety implications of impaired driving. The state has opted to treat DUI and DWI as serious offenses that require permanent tracking.

The rationale behind this policy includes:

  • Deterring repeat offenses
  • Allowing courts and the MVA to monitor prior infractions
  • Ensuring accurate background checks for employment and licensing

While some states allow expungement of DUI convictions after a certain period, Maryland’s legal structure currently does not provide this relief. Reform discussions have occurred, but no changes have been made to expand eligibility to DUI convictions.

What You Can Do If a DUI Is on Your Record

If your DUI case resulted in a conviction and you’re not eligible for expungement, there are still steps you can take to minimize the long-term effects:

  • Avoid repeat offenses: Future penalties are more severe if another DUI occurs.
  • Maintain a clean driving record: This helps rebuild credibility with insurers and the MVA.
  • Be transparent in job applications: Some employers are open to candidates with past offenses, especially if they’re disclosed upfront.
  • Know your rights during background checks: Employers must get your permission before running a check, and you can request a copy.

While the offense won’t be removed, time, compliance, and transparency can help lessen its weight over the years.

Are There Any Legal Alternatives to Expungement?

Currently, there are no alternative legal mechanisms in Maryland to seal, hide, or mask a DUI conviction from your record. Unlike some states that offer “record sealing” or “set-aside” options, Maryland does not have an equivalent process for DUI convictions.

Your criminal record will continue to show:

  • The charge
  • The court’s ruling
  • The sentencing outcome

And this record remains visible indefinitely. While discussions around expanding expungement laws have occurred, nothing has changed in the treatment of DUI offenses under state law as of now.

FAQ: DUI Expungement in Maryland

Can I expunge a DUI conviction in Maryland?
No. DUI convictions are not eligible for expungement in Maryland, regardless of how much time has passed.

Can I expunge a dismissed DUI charge?
Yes. If your DUI case was dismissed, dropped, or resulted in a not guilty verdict, you may be eligible to request expungement.

Does PBJ mean the DUI disappears?
No. PBJ for DUI still appears on your record and is not eligible for expungement in Maryland.

Will expungement remove the DUI from my driving record?
No. Driving records are maintained separately by the MVA and are not affected by criminal expungement.

Can DUI records ever be sealed or hidden?
Not in Maryland. There is currently no process to seal or conceal a DUI conviction from your permanent record.

Conclusion

In Maryland, a DUI conviction is a permanent part of your criminal record. The state does not allow expungement or sealing of DUI offenses—even for first-time offenders or after many years have passed. While dismissed charges may qualify for expungement, convictions and even PBJ outcomes remain public.

Understanding this policy is critical for anyone managing the long-term consequences of a DUI. It helps you set realistic expectations and take steps to mitigate the impact over time. While you can’t remove the offense, you can move forward with knowledge and preparation.

To explore the broader effects of DUI convictions, visit the DUI Records And Long Term Impact page. For more details about how long a DUI stays on your record, see our full guide: How Long a DUI Stays on Your Record.