Maryland Code

Md. Code Ann., Transp. § 21-902 (2026)

§ 21-902

✓ text as last checked July 2026 (this copy records no edition or section history)
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§21–902.

    (a)    (1)    (i)    A person may not drive or attempt to drive any vehicle while under the influence of alcohol.

            (ii)    A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

            (iii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

                2.    For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

            (iv)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

        (2)    (i)    A person may not violate paragraph (1) of this subsection while transporting a minor.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and

                2.    For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.

    (b)    (1)    (i)    A person may not drive or attempt to drive any vehicle while impaired by alcohol.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and

                2.    For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction.

        (2)    (i)    A person may not violate paragraph (1) of this subsection while transporting a minor.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

                2.    For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.

    (c)    (1)    (i)    A person may not drive or attempt to drive any vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and

                2.    For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction.

            (iv)    It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.

        (2)    (i)    A person may not violate paragraph (1) of this subsection while transporting a minor.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

                2.    For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (d)(2) of this section shall be considered a prior conviction.

    (d)    (1)    (i)    A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5–101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

                2.    For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

        (2)    (i)    A person may not violate paragraph (1) of this subsection while transporting a minor.

            (ii)    A person convicted of a violation of this paragraph is subject to:

                1.    For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and

                2.    For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

            (iii)    For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (c)(2) of this section shall be considered a prior conviction.

    (e)    For purposes of the application of subsequent offender penalties under this section, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section or § 8–738 of the Natural Resources Article shall be considered a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section or § 8–738 of the Natural Resources Article.

    (f)    (1)    In this subsection, “imprisonment” includes confinement in:

            (i)    An inpatient rehabilitation or treatment center; or

            (ii)    Home detention that includes electronic monitoring for the purpose of participating in an alcohol treatment program that is:

                1.    Certified by the Maryland Department of Health;

                2.    Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or

                3.    Approved by the court.

        (2)    (i)    A person who is convicted of a violation of subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

            (ii)    A person who is convicted of a third or subsequent offense under subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

        (3)    (i)    A person who is convicted of a violation of subsection (d) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

            (ii)    A person who is convicted of a third or subsequent offense under subsection (d) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

        (4)    A person who is convicted of an offense under subsection (a) of this section within 5 years after a prior conviction under that subsection shall be required by the court to:

            (i)    Undergo a comprehensive alcohol abuse assessment; and

            (ii)    If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is:

                1.    Certified by the Maryland Department of Health;

                2.    Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or

                3.    Approved by the court.

        (5)    A person who is convicted of an offense under subsection (d) of this section within 5 years after a prior conviction under that subsection shall be required by the court to:

            (i)    Undergo a comprehensive drug abuse assessment; and

            (ii)    If recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is:

                1.    Certified by the Maryland Department of Health;

                2.    Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or

                3.    Approved by the court.

        (6)    The penalties provided under this subsection are mandatory and are not subject to suspension or probation.

    (g)    (1)    In this subsection, “test” has the meaning stated in § 16–205.1 of this article.

        (2)    The penalties under this subsection are in addition to any other penalty imposed for a violation of this section.

        (3)    Subject to paragraph (4) of this subsection, if a person is convicted of a violation of this section and the trier of fact finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the same circumstances as the violation, the person is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

        (4)    A court may not impose an additional penalty under this subsection unless the State’s Attorney serves notice of the alleged test refusal on the defendant or the defendant’s counsel before the earlier of:

            (i)    Acceptance of a plea of guilty or nolo contendere; or

            (ii)    At least 15 days before trial in a circuit court or 5 days before trial in the District Court.

    (h)    (1)    A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of two violations of any provision of subsection (a), (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article.

        (2)    For purposes of this subsection, a conviction for a crime under the laws of the United States that would be a crime included in paragraph (1) of this subsection if committed in this State shall be considered a prior conviction under this subsection.

        (3)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

    (i)    (1)    A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of:

            (i)    Three or more violations of any provision of subsection (a), (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article; or

            (ii)    A violation of § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article.

        (2)    For purposes of this subsection, a conviction for a crime under the laws of the United States that would be a crime included in paragraph (1) of this subsection if committed in this State shall be considered a prior conviction under this subsection.

        (3)    A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.


Notes of Decisions
Cited in 93 cases (6 in the last 5 years), 1979–2025 · leading case: State v. Loscomb, 435 A.2d 764 (Md. 1981).
State v. Loscomb, 435 A.2d 764 (Md. 1981). · cites it 10× “Instead, § 10-302 utilizes the ambiguous language that a chemical test may be administered "in a prosecution for a violation of a law concerning a person who is driving or attempting to drive a vehicle in violation of § 21-902 of the Transportation Article.”
Willis v. State, 488 A.2d 171 (Md. 1985). · cites it 8× “Section 10-302 provides that a chemical test may be administered to a person who is driving or attempting to drive a motor vehicle in violation of § 21-902 of the Transportation Article for the purpose of determining his blood *372 alcohol content.”
Lowry v. State, 768 A.2d 688 (Md. 2001). · cites it 8× “…of a law concerning a person who is driving or attempting to drive a vehicle in violation of § 16-113, § 16-813, or § 21-902 of the Transportation Article, or in violation of Article 27, § 388, § 388A, or § 388B of the Code, a test of the person's breath or blood may be…”
State v. Moon, 436 A.2d 420 (Md. 1981). · cites it 8× “Section 10-302 states: In a prosecution for a violation of a law concerning a person who is driving or attempting to *468 drive a vehicle in violation of § 21-902 of the Transportation Article, a chemical test of his breath or blood may be administered to the person for the…”
United States v. Horn, 185 F. Supp. 2d 530 (D. Md. 2002). · cites it 3× “1 As a result of his performance on these tests, Horn was charged with driving while intoxicated under Md.Code Ann., Transp. II § 21-902 (1999 Repl.”
Lewis v. State, 920 A.2d 1080 (Md. 2007). · cites it 4× “This "almost" accident, according to the State, afforded the officers the right to conduct an investigatory traffic stop for the purpose of determining whether Lewis was negligently or recklessly driving in violation of Section 21-901.”
Krauss v. State, 587 A.2d 1102 (Md. 1991). · cites it 6× “a vehicle in violation of § 21-902 of the Transportation Article ..”
Commonwealth v. Robertson, 722 A.2d 1047 (Pa. 1999). · cites it 5× “Md.Code Ann., Transp. § 21-902 (amended 1995).”
Shilling v. State, 577 A.2d 83 (Md. 1990). · cites it 4× “) § 21-902(a) of the Transportation Article.”
Fisher v. State, 504 A.2d 626 (Md. 1986). · cites it 6× “Costs to be paid by Wicomico County; and it is further ORDERED, that the mandate shall issue forthwith.”
Abrams v. State, 933 A.2d 887 (Md. Ct. Spec. App. 2007). · cites it 3× “), § 21-902(a) of the Transportation Article (“Trans.”
McCoy v. Comm'r of Pub. Saf., 12 A.3d 948 (Conn. 2011). · cites it 2× “§ 14:98 [2004]); Maryland (Md.Code Ann. Transp. §§ 21-902, 27-101 and 27-102 [LexisNexis 2009]); Massachusetts (Mass.”
Md. Code Ann., Transp. § 21-902(a): 24 cases
Fisher v. State, 504 A.2d 626 (Md. 1986). “Costs to be paid by Wicomico County; and it is further ORDERED, that the mandate shall issue forthwith.”
Mateen v. Saar, 829 A.2d 1007 (Md. 2003).
Lueth v. Commonwealth, Dep't of Transp., 785 A.2d 133 (Pa. Commw. Ct. 2001).
Komornik v. Sparks, 629 A.2d 721 (Md. 1993).
Shilling v. State, 577 A.2d 83 (Md. 1990). “) § 21-902(a) of the Transportation Article.”
Md. Code Ann., Transp. § 21-902(a)(1): 1 case
In Re Michael W., 786 A.2d 684 (Md. 2001).
Md. Code Ann., Transp. § 21-902(a)(2): 5 cases
Motor Veh. Admin. v. Jaigobin, 991 A.2d 1251 (Md. 2010).
Beattie v. State, 88 A.3d 906 (Md. Ct. Spec. App. 2014).
Keith C. Held Vs. New Jersey Motor Veh. Comm'n (new Jersey Motor Veh. Comm'n), No. A-0592-17T1 (N.J. Super. Ct. App. Div. June 3, 2019).
Com. v. Sullivan, R., No. 716 MDA 2022 (Pa. Super. Ct. May 8, 2023).
Com. v. Sullivan, R., No. 716 MDA 2022 (Pa. Super. Ct. Sept. 3, 2025).
Md. Code Ann., Transp. § 21-902(a)(l): 3 cases
Abrams v. State, 933 A.2d 887 (Md. Ct. Spec. App. 2007). “), § 21-902(a) of the Transportation Article (“Trans.”
Kendall v. State, 56 A.3d 223 (Md. 2012).
Brown v. State, 910 A.2d 571 (Md. Ct. Spec. App. 2006).
Md. Code Ann., Transp. § 21-902(b): 25 cases
Shilling v. State, 577 A.2d 83 (Md. 1990). “) § 21-902(a) of the Transportation Article.”
Kleberg v. State, 568 A.2d 1123 (Md. 1990).
Meyer v. State State v. Rivera, 128 A.3d 147 (Md. 2015).
Petrovick v. Com., Dept of Transp., 741 A.2d 1264 (Pa. 1999).
Md. Code Ann., Transp. § 21-902(b)(1): 3 cases
Bailey v. State, 212 A.3d 912 (Md. 2019).
DiMeglio v. State, 29 A.3d 663 (Md. Ct. Spec. App. 2011).
Keith C. Held Vs. New Jersey Motor Veh. Comm'n (new Jersey Motor Veh. Comm'n), No. A-0592-17T1 (N.J. Super. Ct. App. Div. June 3, 2019).
Md. Code Ann., Transp. § 21-902(b)(l): 1 case
Abrams v. State, 933 A.2d 887 (Md. Ct. Spec. App. 2007). “), § 21-902(a) of the Transportation Article (“Trans.”
Md. Code Ann., Transp. § 21-902(c): 1 case
107 Oag 153 (final), No. 107oag153 (Md. Att'y Gen. Dec. 7, 2022).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.