Maryland’s legal limit is 0.08. At that level you are under the influence “per se,” however well you were driving. But a result as low as 0.07 is evidence of impairment, drivers under 21 can’t have any alcohol at all, and commercial drivers are held to 0.04 in a commercial vehicle.
- DUI per se 0.08 and up Transp. §21-902(a)
- Evidence of DWI 0.07 to 0.079 Cts. & Jud. Proc. §10-307(d)
- Drivers under 21 Any alcohol violates the license restriction Transp. §16-113(b)
- Commercial vehicles 0.04 costs a CDL for a year Transp. §16-812(a)(4)
Jump to: What each number means · DUI vs. DWI · BAC chart · Challenging a result · Your license · Under 21 & CDL · If you were arrested · FAQ
Almost everyone knows one number: 0.08. It matters. At 0.08 you are legally under the influence in Maryland no matter how carefully you were driving. But it isn’t the only line the law draws, and it isn’t where most of the confusion comes from.
Maryland assigns a specific legal meaning to results well below 0.08, sets stricter limits for young and commercial drivers, and runs a license case at the MVA that has its own deadlines and its own thresholds. Here is every number that matters, what it means in court and at the MVA, and a chart to see roughly where a given number of drinks can put you.
What each number means in court
Maryland’s evidence rules give each range of breath or blood results a set legal effect. They are in Courts and Judicial Proceedings §10-307, and they work like this:
| Test result | What Maryland law says | What it means for you |
|---|---|---|
| 0.05 or less | You are presumed not under the influence and not impaired by alcohol. | The presumption works in your favor. An alcohol case is hard to prove at this level. |
| Over 0.05, under 0.07 | No presumption either way. | The number proves nothing by itself. The State has to lean on your driving, field tests and what the officer saw. |
| 0.07 to 0.079 | Prima facie evidence of driving while impaired (DWI). | Enough, standing alone, for a court to find DWI — unless your defense rebuts it. |
| 0.08 or more | Under the influence of alcohol per se (DUI). | The number is the offense. No bad driving required. It also starts the MVA suspension process. |
| 0.02 or more, with an alcohol restriction | Prima facie evidence you drove with alcohol in your blood. | Applies to every driver under 21 and anyone whose license carries an alcohol restriction. |
Source: Md. Code, Courts & Judicial Proceedings §10-307; Transportation §11-174.1. Results are grams of alcohol per 100 mL of blood or per 210 L of breath, measured at the time of the test.
Two things the table does not mean. First, 0.07 is not a second legal limit. There is no crime called “driving at 0.07.” It is evidence of impairment that a judge or jury can accept or reject after hearing the rest of the case. Second, a result under 0.08 is not a pass. DWI has no number in the statute at all, so the State can build a case from your driving, field sobriety tests and statements, with a low result or with no test at all.
One more detail matters later: Maryland measures the per se limit “at the time of testing,” under Transportation §11-174.1. Blood and breath both count. The limit applies directly to the breath number, with no conversion to blood.
DUI vs. DWI: the two charges
Maryland splits drunk driving into two offenses in Transportation §21-902. Driving under the influence (DUI), which includes the 0.08 per se version, is the more serious. Driving while impaired (DWI) means alcohol affected your driving to a lesser degree. It is common to be charged with both, and for the case to resolve on one.
| Charge | First offense (maximum) | Second offense (maximum) |
|---|---|---|
| DUI or DUI per se — §21-902(a)(1) | 1 year and/or $1,200 | 2 years and/or $2,400 |
| DUI with a minor in the vehicle — §21-902(a)(2) | 2 years and/or $2,000 | 3 years and/or $3,000 |
| DWI — §21-902(b)(1) | 2 months and/or $500 | 1 year and/or $500 |
| DWI with a minor in the vehicle — §21-902(b)(2) | 1 year and/or $1,200 | 2 years and/or $2,400 |
Maximums set by statute; actual sentences are often far lower. The DUI fines rose to $1,200 and $2,400 on July 1, 2024. Source: Md. Code, Transportation §21-902.
The charges also put different points on your driving record: 12 for DUI and 8 for DWI, under Transportation §16-402. Eight points within two years means a suspension; twelve means a revocation (§16-404).
Repeat offenses
- Mandatory jail. A second DUI within five years of a prior DUI carries at least 5 days; a third or later within five years, at least 10. The court cannot suspend them (§21-902(f)). The statute lets that time include an inpatient treatment program or monitored home detention tied to certified alcohol treatment.
- Refusing the test. If you are convicted and the court finds you knowingly refused a test, it can add up to 2 months and $500, as long as the State gave you notice in time (§21-902(g)).
- Two prior convictions. A new DUI or DWI after two prior convictions carries up to 5 years and $5,000 (§21-902(h)).
- Three or more priors, or a prior vehicular homicide. Up to 10 years and $10,000 (§21-902(i)). Both of these are still misdemeanors, and both now carry 12 points.
- What counts as a prior. Out-of-state and federal convictions for the same conduct count (§21-902(e)), and so does boating under the influence. For a DUI, a prior DWI or drug-impaired conviction counts only if it came within the last five years.
For the whole first-offense picture — court, the MVA, and what sentences usually look like — see First Offense DUI in Maryland. For the ignition interlock rules that now follow most convictions, see Maryland DUI Laws in 2026.
BAC chart: estimates by weight and drinks
These estimates use the Widmark formula, the standard way toxicologists estimate blood alcohol, with the body water figures NHTSA uses (58% of body weight for men, 49% for women). They assume the drinks were finished quickly, before your body started clearing alcohol. One drink means one U.S. standard drink, about 14 grams of alcohol: 12 ounces of regular beer, 5 ounces of wine, or 1.5 ounces of 80-proof spirits.
| Weight | 1 drink | 2 drinks | 3 drinks | 4 drinks | 5 drinks | 6 drinks |
|---|---|---|---|---|---|---|
| 120 lb | .036 | .071 | .107 | .143 | .179 | .214 |
| 140 lb | .031 | .061 | .092 | .123 | .153 | .184 |
| 160 lb | .027 | .054 | .080 | .107 | .134 | .161 |
| 180 lb | .024 | .048 | .071 | .095 | .119 | .143 |
| 200 lb | .021 | .043 | .064 | .086 | .107 | .129 |
| 220 lb | .019 | .039 | .058 | .078 | .097 | .117 |
| 240 lb | .018 | .036 | .054 | .071 | .089 | .107 |
| Weight | 1 drink | 2 drinks | 3 drinks | 4 drinks | 5 drinks | 6 drinks |
|---|---|---|---|---|---|---|
| 120 lb | .042 | .085 | .127 | .169 | .212 | .254 |
| 140 lb | .036 | .073 | .109 | .145 | .181 | .218 |
| 160 lb | .032 | .063 | .095 | .127 | .159 | .190 |
| 180 lb | .028 | .056 | .085 | .113 | .141 | .169 |
| 200 lb | .025 | .051 | .076 | .102 | .127 | .152 |
| 220 lb | .023 | .046 | .069 | .092 | .115 | .138 |
| 240 lb | .021 | .042 | .063 | .085 | .106 | .127 |
To adjust for time, subtract about 0.015 for each hour since your first drink. That is an average. Real elimination rates vary a lot from person to person, and a heavy pour, a strong craft beer or a double counts as more than one drink.
A chart like this can’t tell you whether you are safe to drive, and it can’t predict what a breath test will show. Food, medication, drink size, how fast you drank and your own metabolism all move the number. Use it to understand the law, never to decide whether to drive. If you have been drinking, the only safe plan is not to.
Why a result near the line deserves a closer look
A test result is evidence, and like any evidence it can be examined. The closer a result sits to 0.07 or 0.08, the more every step behind it matters. A defense attorney will usually look at:
- The instrument. Whether the breath-test machine was approved, calibrated and maintained, and what its records show.
- The operator and the procedure. Whether the officer running the test was certified, and whether the required observation period and testing steps were followed.
- Your health. Some medical conditions, such as acid reflux, can raise questions about a breath reading.
- Blood samples. How the sample was drawn, stored, labeled and tracked from your arm to the lab.
- Everything else. The reason for the stop, how field sobriety tests were explained and scored, and what body-camera and dash-camera video actually shows.
None of these is automatic. Whether any of them applies depends on the records in your case, which is why it helps to get them early.
What the number does to your license
A test result of 0.08 or higher, or a refusal, starts a separate case at the Motor Vehicle Administration. It runs on its own track, whatever happens in court. The officer takes your license and gives you an Order of Suspension and, if you are eligible, a temporary license good for 45 days.
Requesting an MVA hearing within 10 days of the date on your Order of Suspension can preserve your temporary driving privilege while the MVA process is pending. A hearing may still be requested within 30 days, but a request made after day 10 does not extend the 45-day temporary license. The request goes in writing with a $150 fee.
A test result of 0.08 through 0.14 generally carries a 180-day administrative suspension. At an MVA hearing, a judge may grant a restricted license for qualifying work, alcohol education or treatment, school, or necessary medical travel; an eligible driver may instead choose 180 days in the Ignition Interlock Program. At 0.15 or higher, a non-interlock restricted license is not available. If the suspension is upheld and the driver needs to keep driving, the available modification is one year in the Ignition Interlock Program.
| Situation | First time | Second or later |
|---|---|---|
| Test result 0.08 to 0.14 | 180-day suspension | 180-day suspension |
| Test result 0.15 or higher | 180-day suspension | 270-day suspension |
| Refused the test | 270-day suspension | 2-year suspension |
Administrative suspensions under Md. Code, Transportation §16-205.1, separate from any criminal sentence. Different terms apply when a crash caused a death or life-threatening injury.
MVA Deadline Calculator Enter the date on your Order of Suspension. See your 10-day and 30-day deadlines. Count my days →Stricter limits for some drivers
Drivers under 21
Every Maryland license issued to a driver under 21 carries an alcohol restriction: you may not drive with any alcohol in your blood (Transportation §16-113(b)). A result of 0.02 or more is prima facie evidence of a violation. Violating the restriction carries up to 2 months and a $500 fine, and the MVA can suspend or revoke the license. At 0.08, the full DUI law applies too, and a driver under 21 convicted of DUI or DWI can be required to use an ignition interlock for up to three years. If you are a parent reading this, our Beach Week guide covers the underage-drinking side.
Commercial drivers
Driving a commercial vehicle at 0.04 or higher disqualifies a CDL for one year, or three years if you were hauling placarded hazardous materials (Transportation §16-812). Since October 1, 2025, the same one-year disqualification applies when a CDL holder drives any vehicle, including a personal car, at 0.08 or higher. A second qualifying offense from a separate incident brings a lifetime disqualification.
Boaters
Operating a boat under the influence is its own offense, and since October 2023 a boating conviction counts as a prior for DUI purposes, and the reverse. Our boating guide has the details.
If you were arrested
- Find the date on your Order of Suspension. The 10-day hearing deadline runs from that date.
- Keep every piece of paper: citations, the test result, the Order of Suspension and your temporary license.
- Write down what happened while you still remember it: where you were, what and when you drank and ate, and what the officer said.
- Don’t post about the stop or explain it to anyone but your lawyer.
- Talk to a defense attorney before your MVA hearing and your first court date.
Frequently asked questions
What is the legal alcohol limit in Maryland?
For most drivers, 0.08. At that level you are under the influence per se, regardless of how you were driving (Transportation §21-902(a) and §11-174.1). Commercial drivers in a commercial vehicle are disqualified at 0.04, and drivers under 21 cannot legally drive with any alcohol at all.
Can I be charged with DWI below 0.08?
Yes. A result from 0.07 to 0.079 is prima facie evidence of driving while impaired, and a result above 0.05 can be weighed with other evidence such as your driving and field sobriety tests. Only a result of 0.05 or less creates a presumption that you were not impaired (Courts & Judicial Proceedings §10-307).
What is the difference between DUI and DWI in Maryland?
DUI, which includes the 0.08 per se offense, is the more serious charge: up to 1 year and $1,200 for a first offense, and 12 points. DWI carries up to 2 months and $500 for a first offense, and 8 points. Having a child in the vehicle raises the maximums for both.
How many drinks does it take to reach 0.08?
It depends on your weight, sex, how quickly you drank, food and more. Using the standard Widmark estimate, a 160-pound man is at about 0.08 after three standard drinks finished quickly; a 140-pound woman is at about 0.07 after two and past 0.10 after three. These are rough averages. Never use them to decide whether to drive.
What happens to my license after a DUI arrest in Maryland?
If you tested at 0.08 or higher or refused, the officer takes your license and issues an Order of Suspension that serves as a 45-day temporary license. Requesting an MVA hearing within 10 days of the date on that order can preserve your temporary driving privilege while the process is pending. A result of 0.08 to 0.14 generally carries a 180-day suspension; results of 0.15 or higher and refusals carry tougher terms and narrower options.
Talk to a Maryland DUI defense attorney
A breath or blood number is evidence, not a verdict. If you have been charged, Cochran & Chhabra Law Group can review the test, the stop and your MVA options with you in a free, confidential consultation. Request a consultation or call 410.268.5515. You can also read more about our DUI and DWI defense practice.
Sources
- Md. Code, Transportation §21-902 (DUI and DWI offenses and penalties)
- Md. Code, Transportation §11-174.1 (under the influence per se)
- Md. Code, Courts & Judicial Proceedings §10-307 (test results as evidence)
- Md. Code, Transportation §16-205.1 (MVA suspension after a test or refusal)
- Md. Code, Transportation §16-402 (points)
- Md. Code, Transportation §16-404 (suspension and revocation for points)
- Md. Code, Transportation §16-113 (alcohol restriction for drivers under 21)
- Md. Code, Transportation §16-812 (commercial driver disqualification)
- Maryland MVA, Request a Hearing
- NIAAA, What Is a Standard Drink?
- NHTSA, The ABCs of BAC
- National Academies of Sciences, Engineering, and Medicine, Getting to Zero Alcohol-Impaired Driving Fatalities (2018)
Updated September 25, 2026. This article provides general information about Maryland law, not legal advice for your situation.