Getting charged with a second DUI in Maryland is a serious matter—and the chances of going to jail are much higher than for a first offense. Whether you live in Charles County, Prince George’s County, Calvert County, or St. Mary’s County, the penalties for repeat DUI offenders can include mandatory jail time, hefty fines, and long-term consequences for your license and record.
In this post, we’ll break down what you need to know about second DUI charges in Maryland—and what you can do to protect yourself.
Is Jail Mandatory for a Second DUI in Maryland?
Yes—sometimes. If your second DUI occurred within five years of your first conviction, Maryland law requires a mandatory minimum of five days in jail. And that’s just the starting point.
Under Maryland Transportation Code § 21-902, a second DUI conviction can result in:
- Up to 2 years in jail
- A fine of up to $2,000
- 12 points on your license
- License revocation and MVA sanctions
- Installation of an ignition interlock device
If your prior DUI was more than five years ago, jail time isn’t mandatory—but it is still very likely depending on the circumstances.
What Factors Increase the Chances of Jail Time?
Several aggravating factors can significantly increase the chances of going to jail for a second DUI, including:
- High BAC (Blood Alcohol Concentration): If your BAC was 0.15% or higher, the court is more likely to impose a jail sentence.
- Accident Involved: If the DUI led to a crash—especially one involving injuries or property damage—the risk of jail time rises.
- Child Passenger: Driving under the influence with a minor in the vehicle can trigger enhanced penalties.
- Refusal to Take a Breathalyzer Test: While you have the right to refuse, doing so can trigger enhanced penalties and influence the court’s view of your case.
- Pending Charges or Probation Violations: If you were already on probation or have other charges pending, jail time becomes more likely.
Southern Maryland Courts Take Second DUIs Seriously
Courts in Southern Maryland—including those in Charles County, Prince George’s County, Calvert County, and St. Mary’s County—are tough on repeat DUI offenders. Local prosecutors often seek jail time for second offenses, and some judges may even go beyond the mandatory minimum depending on your record and the facts of the case.
That’s why it’s essential to work with a Southern Maryland DUI lawyer who knows how to present mitigating evidence and negotiate for the best possible outcome.
Can You Avoid Jail for a Second DUI?
In some cases, yes. A skilled defense attorney may be able to reduce or avoid jail time by presenting strong mitigation, such as:
- Voluntary alcohol treatment or education
- Successful completion of an ignition interlock program
- Proof of employment or community ties
- No aggravating circumstances
Your attorney might also explore alternative resolutions, such as:
- Plea bargains to lesser charges
- Probation before judgment (PBJ), though this is rarely granted for second offenses
- Treatment-focused sentencing alternatives
What to Do If You’re Facing a Second DUI in Maryland
The most important thing you can do is act quickly and consult with a criminal defense attorney experienced in Maryland DUI law. Every case is different, and your chances of avoiding jail improve greatly when you have a lawyer who understands how to challenge the traffic stop, suppress evidence, or argue for alternative sentencing.
Talk to a Southern Maryland DUI Attorney Today
If you’re facing a second DUI in Southern Maryland, you’re not alone—but you need the right advocate on your side. At Southern Maryland Criminal Defense, we help people navigate the criminal justice system and fight to keep their freedom and driving privileges.
Don’t wait until it’s too late. Schedule a consultation now to discuss your options and start building your defense.
