Local DUI Laws

A second DUI offense in Maryland brings a new level of consequences that are notably more serious than those for a first offense. While the legal system offers some flexibility for first-time offenders, the penalties increase sharply when someone is charged with driving under the influence a second time. This is because Maryland law assumes a higher level of risk and repeat behavior that must be addressed with stronger enforcement.

If you’ve already had one DUI and are now facing a second, it’s important to understand the full scope of what may happen. Both the criminal court and the Maryland Motor Vehicle Administration (MVA) will treat this offense more seriously, and the penalties from each can overlap or run consecutively.

This article offers a clear, structured explanation of what happens for a second DUI offense in Maryland. It covers the full range of penalties—including court-imposed sentences, administrative actions, ignition interlock requirements, and the long-term implications of being labeled a repeat offender. This guide is informational only and does not offer legal advice.

Let’s begin with how Maryland legally defines a second DUI offense and why the timing between offenses matters so much.

What Qualifies as a Second DUI Offense in Maryland

In Maryland, a second DUI is defined as being charged with driving under the influence after already having one prior conviction. The state’s “look-back period” for sentencing enhancements is five years, meaning if your previous DUI occurred within the past five years, harsher mandatory penalties may apply.

However, even if the first offense was more than five years ago, courts and the MVA may still treat the current charge as a repeat offense. While some mandatory minimums may no longer apply, discretionary sentencing can still be based on your full driving history.

Maryland does not reset the clock to treat older DUI cases as “firsts.” The more DUI charges on your record—regardless of when they occurred—the more serious your situation becomes in the eyes of the law.

This classification affects both criminal penalties in court and administrative actions through the MVA, which we’ll break down next.

Criminal Penalties for a Second DUI Offense

Criminal penalties increase significantly for second-time DUI offenders in Maryland. The penalties are not just enhanced versions of the first offense—they include mandatory minimum sentences and often leave less room for alternative sentencing like probation.

Here are the standard criminal penalties for a second DUI in Maryland:

• Jail Time: Up to 2 years, with a mandatory minimum of 5 days if the second offense is within five years of the first
• Fines: Up to $2,000
• Probation: May be assigned after or in place of part of the jail sentence
• Points: 12 points added to your driving record
• Alcohol Abuse Assessment and Treatment: Often required
• Criminal Record: Permanent unless expungement becomes available under rare circumstances

Judges have less flexibility when a second offense falls within the five-year window. In those cases, mandatory jail time and more aggressive sentencing are likely. Even when the second DUI occurs outside that window, courts often choose to impose harsher penalties to reflect the repeat nature of the offense.

Administrative Penalties From the MVA for Second DUI

In addition to the criminal court penalties, the Maryland MVA applies its own set of administrative penalties when someone is arrested for a second DUI. These consequences often begin immediately after arrest and do not require a conviction.

The administrative penalties include:

• License Suspension: Typically 1 year, beginning soon after arrest if BAC is 0.08% or higher or if you refuse testing
• Test Refusal: Refusing to take a chemical test results in a 2-year suspension for a second offense
• Ignition Interlock Requirement: Most second offenses require mandatory participation in the ignition interlock program for up to 1 year or more
• MVA Points: As with the court process, 12 points are added to your record

The MVA enforces these penalties based on the administrative facts of the case—such as the BAC result or refusal to test—rather than on a court conviction. These sanctions can begin before the case is heard in court and may be extended based on the case outcome.

If the driver requests a hearing in time, there is an opportunity to contest the administrative suspension, but that doesn’t stop the process unless the hearing is successful.

Mandatory Ignition Interlock Participation

One of the most significant differences between a first and second DUI in Maryland is the mandatory use of the Ignition Interlock Program. This requirement is applied much more broadly for second offenses.

Here’s what to expect:

• Enrollment is usually mandatory for second DUI offenders
• Interlock device must be installed in any vehicle the individual operates
• Duration: Typically at least 1 year, but may be longer based on case details
• Monthly monitoring is required, with strict compliance rules

Failure to comply with the ignition interlock program can result in full reinstatement of the license suspension or even additional penalties. This program is designed to allow limited driving under heavy supervision, not to fully restore driving privileges.

The ignition interlock requirement reflects the state’s increased concern over public safety after a second offense.

Aggravating Factors That Intensify Second DUI Penalties

While a second DUI offense already brings heightened consequences, the presence of certain aggravating factors can make the penalties even more severe. These include:

• High BAC (0.15% or more): Triggers enhanced penalties and longer interlock participation
• Refusal to take a chemical test: Results in automatic 2-year suspension for second-time offenders
• DUI-related accident or injury: Especially when involving another person
• Driving with a minor in the vehicle at the time of the offense
• Reckless or dangerous driving behavior during the incident

Aggravating circumstances not only increase the likelihood of jail time but can also impact eligibility for reduced penalties or participation in programs like interlock. Judges and MVA officials both factor in these details when deciding on penalties.

Long-Term Impact of a Second DUI Conviction

A second DUI doesn’t just come with short-term penalties. It can also carry serious long-term effects that impact a person’s life for years. These include:

• Higher Auto Insurance Rates: Premiums typically increase substantially
• Employment Limitations: Especially for jobs involving driving, security, or background-sensitive roles
• Permanent Criminal Record: Multiple offenses make expungement extremely difficult
• Limited Travel Options: Some countries restrict entry to those with multiple DUI convictions
• Future Legal Risk: A third offense could result in felony charges and much more severe penalties

These long-term consequences reinforce the seriousness with which Maryland treats repeat DUI offenses. They also explain why both courts and the MVA are less lenient the second time around.

Criminal vs Administrative Penalties for Second DUI

Understanding how the criminal and administrative systems interact helps clarify what to expect after a second DUI in Maryland:

Category	Criminal Penalties	Administrative Penalties
Handled by	Criminal Court	Maryland MVA
Based on	Conviction	Test results or refusal
Includes	Jail, fines, probation, treatment	License suspension, interlock, points
Starts	After conviction	Immediately after arrest
Overlap?	Yes	Yes

It’s important to know that these penalties can happen at the same time. For example, someone may be serving an MVA license suspension while also complying with court-ordered probation or alcohol treatment.

Understanding both systems helps prevent surprises as the case moves forward.

FAQ About Second DUI Penalties in Maryland

What’s the mandatory jail time for a second DUI in Maryland?
If the second offense occurs within five years of the first, there’s a mandatory minimum of 5 days in jail. Judges can assign up to 2 years.

How long is your license suspended for a second DUI?
Typically 1 year, but it can be 2 years if you refuse testing.

Is ignition interlock required for a second offense?
Yes. Participation is mandatory, usually for at least 1 year.

Do second offenses count forever?
The five-year look-back period affects mandatory minimums, but prior offenses always influence sentencing and MVA decisions.

Can you avoid jail for a second DUI?
It depends on the circumstances, but jail is much more likely after a second offense—especially within five years of the first.

What if I refused the breathalyzer test?
Refusal leads to a 2-year suspension and often extended interlock requirements.

Does a second DUI become a felony in Maryland?
No, a second DUI is still classified as a misdemeanor, but penalties are significantly higher.

Conclusion

A second DUI in Maryland triggers much stricter consequences than a first offense. From mandatory jail time and higher fines to automatic license suspension and ignition interlock requirements, the system is designed to address repeat behavior seriously. Both criminal courts and the MVA impose penalties, which often run concurrently and result in longer-lasting effects on your ability to drive, work, and maintain a clean record.

To understand how these penalties fit into the broader legal system, visit our full page on DUI penalties and consequences in Maryland. For more clarity on the difference between criminal and administrative DUI penalties, explore our dedicated guide.