If you’ve been charged with drunk driving in Maryland, you may have seen terms like DUI and DWI on your paperwork or online. While people often use these terms interchangeably, Maryland law makes a clear distinction between the two—and understanding the difference between DUI vs DWI can have a major impact on your case.
Here’s what you need to know about DUI vs DWI in Maryland, especially if you’re facing charges in Prince George’s, Charles, Calvert, or St. Mary’s County.
What Is a DUI in Maryland?
DUI stands for Driving Under the Influence. It is the more serious of the two charges and typically applies when a driver is found to have a blood alcohol concentration (BAC) of 0.08% or higher.
In Maryland, this is a per se violation, meaning that a BAC at or above 0.08% is automatically considered illegal—even if the driver doesn’t appear visibly impaired. Prosecutors do not need to prove that your driving was affected, only that your BAC exceeded the legal limit.
Penalties for a First-Offense DUI in Maryland:
- Up to 1 year in jail
- Up to $1,000 in fines
- 12 points on your driver’s license
- Possible license revocation
- Mandatory participation in alcohol education programs
For repeat offenders, the penalties increase significantly, including longer jail time, higher fines, and mandatory installation of an ignition interlock device.
What Is a DWI in Maryland?
DWI stands for Driving While Impaired. This charge typically applies when a driver has a BAC between 0.04% and 0.07%, or if they show signs of impairment from alcohol or drugs—even if their BAC is below the DUI threshold.
To convict someone of a DWI, prosecutors must show evidence of impairment, such as failing a field sobriety test or displaying erratic driving behavior.
Penalties for a First-Offense DWI in Maryland:
- Up to 60 days in jail
- Up to $500 in fines
- 8 points on your license
- Possible license suspension
- Referral to substance abuse education
While still a criminal offense, a DWI is generally considered less severe than a DUI—but it can still result in serious consequences, especially for commercial drivers or drivers under the age of 21.
DUI vs. DWI: Side-by-Side Comparison
| Factor | DUI (Driving Under the Influence) | DWI (Driving While Impaired) |
|---|---|---|
| BAC Threshold | 0.08% or higher | 0.04% to 0.07% or signs of impairment |
| Legal Severity | More serious | Less serious |
| Max Jail Time (1st Offense) | 1 year | 60 days |
| Fines | Up to $1,000 | Up to $500 |
| License Points | 12 points | 8 points |
| Possible License Action | Revocation | Suspension |
Why the Distinction Matters
If you’re facing charges, whether for DUI or DWI, you’re up against a criminal record, potential jail time, and the possibility of losing your license. But the specific charge matters when it comes to defense strategy, court outcomes, and long-term consequences.
An experienced Southern Maryland criminal lawyer can review the evidence in your case—including the legality of the traffic stop, the accuracy of BAC testing, and the procedures used during your arrest—to fight for the best possible outcome.
Arrested for DUI or DWI in Southern Maryland?
Don’t face drunk driving charges alone. At Southern Maryland Criminal Defense, we represent clients in Charles County, St. Mary’s County, Calvert County, and Prince George’s County who are facing DUI and DWI charges.
Our firm has helped drivers just like you reduce or dismiss charges, preserve their driving privileges, and avoid harsh penalties.
👉 Schedule a consultation now to protect your rights and get answers fast.
