What Happens if a Minor Is Caught Drinking and Driving in Maryland?

 Posted on November 06, 2025 in Underage DUI

Maryland has strict laws designed to discourage alcohol use by anyone under 21 and to prevent accidents caused by impaired driving. Even a small amount of alcohol in a young driver’s system can lead to criminal charges, license suspension, and long-term consequences. These cases can affect not only the young driver but also their family and future opportunities. Our Silver Spring, MD DUI defense lawyers can walk you through the legal process and possible defenses.

What Is Maryland’s Zero Tolerance Law for Underage Drivers?

Maryland follows a "zero tolerance" rule for anyone under the age of 21 who drinks and drives. Under Md. Code, Transp. § 16-113(b), any detectable amount of alcohol in your system can lead to a DUI charge.

For drivers under 21, the usual legal limit of 0.08 percent that applies to adults is irrelevant. A blood alcohol concentration of 0.02 percent or higher can result in an underage DUI charge. If a violation is suspected, officers may make an arrest and tow the vehicle.

Will a Minor Lose Their Driver’s License After a DUI Arrest?

An underage DUI arrest can lead to a temporary loss of driving privileges, even before the case goes to court. The Maryland Motor Vehicle Administration (MVA) may impose a license suspension through an administrative process. For a first offense, the suspension period can be up to six months. For a second offense, it may extend to one year.

Drivers have the option to request a hearing to challenge the suspension. However, they only have a very limited time to do so. Some individuals may also be eligible to participate in the state’s Ignition Interlock Program, which allows them to continue driving if a device that only allows the engine to turn on once they successfully pass a breath test is installed. Completing this program can help restore full driving privileges sooner.

Can Parents Get in Trouble in a Maryland Underage Drinking Case?

Parents and guardians can face legal consequences when minors drink or drive after consuming alcohol under their supervision. Maryland’s Social Host Liability Law makes it illegal for adults to knowingly provide alcohol to anyone under 21. If a parent allows a minor to drink in their home and that teen later drives, possible consequences can include:

• Fines or misdemeanor charges for allowing underage drinking in their home

• Civil liability if an accident or injury occurs after a minor consumes alcohol

• Court-ordered community service or alcohol education programs

• Involvement from child welfare authorities in repeat or serious situations

• Increased insurance costs or other long-term financial impacts

Working with an experienced attorney can help protect both the parents’ and the minor’s legal rights.

Schedule a Free Consultation With a Rockville, MD Underage DUI Defense Attorney

Whether you are a parent or a young driver, seeking legal counsel early can make a significant difference in building your defense. The experienced Silver Spring, MD DUI defense lawyers at Arrested for a DUI, LLC have more than 30 years of combined experience. We represent clients in criminal and traffic cases all across Maryland and Virginia.

If your child has been accused of underage drinking and driving, call us today at 301-479-5466 to schedule your free consultation. Se habla Español.