What Are the Penalties for Repeat DUIs in Maryland?

 Posted on January 31, 2026 in English

Getting arrested for DUI once is serious. Getting arrested a second or third time means much worse penalties. Maryland law punishes repeat DUI offenders with longer jail time, bigger fines, and longer license suspensions.

If you are facing a repeat DUI charge in 2026, you need a good lawyer right now. Our Montgomery County repeat DUI defense attorney can fight to protect your rights and your future.

What Counts as a Repeat DUI in Maryland?

Maryland law looks back at your record to determine if you are a repeat offender. Under Maryland Transportation Code Section 21-902, any DUI or DWI conviction within the past five years counts as a prior offense. Your penalties increase if you get convicted again within that five-year window.

Maryland has two main drunk driving charges. DUI means driving under the influence with a blood alcohol content of 0.08 or higher. DWI means driving while impaired. Either type of conviction counts toward repeat offender status.

What Are the Penalties for a Second DUI in Maryland?

A second DUI conviction comes with much harsher punishment than a first offense. Here is what you face:

Jail Time

You can be sentenced to up to two years in jail with a mandatory minimum of five days. This means you will serve time even if the judge wants to go easy on you.

Fines

The maximum fine is $2,000, double what a first-time DUI carries. With court costs and other fees, you could pay thousands of dollars.

License Suspension

Your license can be revoked for up to one year. For two DUI convictions within five years, you must participate in the Ignition Interlock Program for at least one year. This means you cannot drive without a breath-testing device in your car.

Points on Your Record

You get 12 points added to your driving record. This puts you at risk for additional license penalties from the Maryland Motor Vehicle Administration.

What Happens with a Third DUI Conviction?

A third DUI is even more serious. Maryland law treats repeat offenders harshly because they show a pattern of dangerous behavior.

Criminal Penalties

For a third DUI, you face up to three years in prison and fines up to $3,000. The exact sentence depends on your case details and criminal history. Judges have less flexibility to show mercy for third-time offenders.

Longer License Consequences

Your license suspension lasts longer. You must also complete three years in the Ignition Interlock Program.

Required Treatment Programs

The court will order you to complete an alcohol abuse assessment. If the assessment recommends treatment, you must participate in a certified program. Time spent in inpatient treatment can count toward your jail sentence.

Do Maryland DUI Penalties Increase If You Had a Child in the Car?

Maryland law adds extra punishment if you were driving with a minor passenger. For a first DUI with a child in the car, you face up to two years in prison and $2,000 in fines instead of one year and $1,000.

For a second DUI with a minor, penalties jump to three years in prison and $3,000 in fines.

Can You Ever Avoid a Conviction for a DUI in Maryland?

For first-time offenders, Maryland sometimes offers probation before judgment, where you plead guilty but the judge does not enter a final conviction. However, this option is not available if you already have a DUI conviction or received probation before judgment within the past 10 years.

For repeat offenders, probation before judgment is not an option. This is why fighting the charges becomes so important. An experienced DUI attorney knows how to challenge the traffic stop, field sobriety tests, and breath test results. If the evidence has weaknesses, we fight to get your charges reduced or dismissed.

Call a Montgomery County DUI Defense Lawyer Today

Repeat DUI charges put your freedom, your license, and your future at risk. You need an attorney who will fight for you in court, not push you toward a plea deal that ruins your life.

Our Prince George's County DUI defense attorney has more than 45 years of legal experience and is personally involved in every case. We are available 24/7 to new clients, offer free consultations, and are willing to take your case to trial to protect your rights. Call the Law Offices of Mallon Snyder at 301-762-7500 right now to discuss your repeat DUI charges.

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