What Happens if I Get a Drug DUI After Getting an Alcohol DUI?

 Posted on October 08, 2026 in 2nd DUI & More

Maryland’s DUI law covers alcohol and drugs in the same statute. Because of this, a drug DUI after an earlier alcohol conviction can be charged as a repeat offense and vice versa.

If you’ve been charged with a second DUI in 2026, a Takoma Park, MD drug DUI attorney can review your case and help you understand what your options are going forward.

How Does Maryland Treat Alcohol and Drug DUI Charges?

Maryland Transportation Code Section 21-902 sets out four distinct driving offenses. These are:

• Driving under the influence of alcohol, or at or above the legal blood alcohol limit (DUI)
• Driving while impaired by alcohol (DWI)
• Driving while so impaired by a drug, a mix of drugs, or drugs and alcohol that you can’t drive safely
• Driving while impaired by a controlled dangerous substance you aren’t legally allowed to use

A first alcohol DUI can mean up to one year in jail and a $1,200 fine. A first offense for driving impaired by a drug or by drugs and alcohol can mean up to two months and a $500 fine. Driving impaired by an illegal controlled substance carries the same first-offense maximum as an alcohol DUI.

These offenses include prescription drugs if they impair your ability to drive safely. The law makes an exception only if you didn’t know the drug would make you unable to drive safely.

Does an Alcohol DUI Count as a Prior Offense for a Drug DUI in Maryland?

If you were previously convicted of a DUI or DWI for alcohol and then get pulled over for suspected drug DUI, your earlier alcohol conviction can count as a prior offense. So a person with an alcohol DUI on their record who is later convicted of driving impaired by drugs may face second-offense penalties.

For a new controlled-substance charge, the earlier DUI or DWI conviction only counts if it happened within five years prior to the new conviction. If it did, the maximum penalty rises to two years in jail and a $2,400 fine.

With two prior convictions under any part of the law, a new DUI can carry up to five years in prison. Three or more priors can mean up to 10 years.

What if the Alcohol DUI Comes After a Maryland Drug DUI?

The rules for prior convictions with alcohol and drugs work the same way in reverse. A prior drug or controlled-substance conviction can count toward second-offense penalties for a new alcohol DUI if it falls within five years of the new conviction.

Maryland requires at least five days in jail for a second alcohol DUI within five years of a prior alcohol DUI. The same minimum applies to a second controlled-substance conviction after a prior one.

As the law is written, these mandatory minimums apply only when both convictions fall under the same part of the statute. A mixed record may still raise the maximum sentence, and a judge can still consider your full history when deciding on a sentence.

Can You Fight a Drug or Alcohol DUI Charge in Maryland if You Have a Prior DUI?

A prior conviction doesn’t automatically validate the new charge. The state must still prove every element of the new DUI or DWI offense.

For drug tests in particular, police often rely on an officer’s observations or a drug recognition evaluation instead of specific testing as with alcohol. A defense attorney may question the reason for the stop, how an evaluation was done, or how a blood sample was handled. An error in any of these steps can make the prosecution drop the case.

Call a Rockville, MD DUI Defense Attorney Today

A second DUI charge can carry higher penalties, but how your prior record applies depends on the exact charges and dates involved. If you find yourself facing a second DUI, your best option is to get professional legal help to understand exactly how your current charges may be affected and to build you the strongest possible defense.

Our firm brings more than 30 years of combined experience to DUI cases. We are also proud advocates for the Hispanic community on the local and national issues that affect Latin Americans and immigrants. Our Takoma Park, MD drug DUI lawyers offer free consultations. Call Arrested for a DUI, LLC at 301-479-5466 today.

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