If you’ve been charged with DUI or DWI in Maryland, you may be wondering: how do impaired driving laws differ within your state? While the written law is the same statewide, the reality is that how these laws are enforced and applied can vary dramatically depending on where you are. This is especially true in Maryland, where local practices in counties like Prince George’s, Charles, Calvert, and St. Mary’s can influence the outcome of your case.
Here’s what you need to know about the statewide rules—and the local differences that matter.
Statewide Impaired Driving Laws in Maryland
Maryland impaired driving laws fall under Maryland Transportation Code § 21-902. The law sets out two major offenses:
Driving Under the Influence (DUI)
- BAC of 0.08% or higher
- First offense penalties:
- Up to 1 year in jail
- Up to $1,000 fine
- 12 points on your driver’s license
- License revocation
Driving While Impaired (DWI)
- BAC of 0.07% or lower, or based on officer observations (e.g., failed field sobriety tests)
- First offense penalties:
- Up to 60 days in jail
- Up to $500 fine
- 8 points on your license
- License suspension
Additional penalties apply for repeat offenses, high BAC levels (0.15%+), minors in the vehicle, or causing injury or death.
These laws apply equally in every county—but how they’re enforced and prosecuted often looks different in practice.
Local Enforcement Differences: Southern Maryland vs. the Metro Area
Prince George’s County
Prince George’s County is heavily urbanized and has one of the highest DUI arrest rates in the state. Law enforcement agencies here often run targeted patrols and DUI checkpoints, especially on weekends. Prosecutors tend to take an aggressive stance, particularly when public safety is involved.
Charles County
Charles County has a more suburban and rural mix. Impaired driving cases often arise from routine traffic stops on highways like Route 301 or local roads late at night. Judges in this jurisdiction may be more receptive to probation before judgment (PBJ) on a first offense—especially if the driver has completed alcohol education.
Calvert County
Calvert County is smaller and more rural, but that doesn’t mean leniency. Sheriff’s deputies actively patrol roads leading to the county’s many bars, marinas, and waterfront events. With fewer cases overall, local judges and prosecutors often know repeat offenders—and may impose stricter penalties for multiple convictions.
St. Mary’s County
St. Mary’s presents a unique situation due to its large military population (Naval Air Station Patuxent River) and waterfront culture. DUI charges related to boating while intoxicated (BWI) are more common here. Local courts may take a more rehabilitative approach for first offenders, offering treatment-focused sentencing options when appropriate.
Prosecutorial Discretion and Judicial Attitudes Vary
Even with the same law on the books, outcomes can differ because:
- Prosecutors have discretion over plea deals, including whether to offer PBJ or require a guilty plea.
- Judges vary in how they view impaired driving: some see jail as necessary deterrence, others prioritize treatment.
- Diversion programs (like alcohol education or ignition interlock requirements) are handled differently from county to county.
In short, the human element matters. Having an attorney who knows the local players—judges, prosecutors, and court staff—can be a game changer.
Why Local Representation Matters
When someone asks, “how do impaired driving laws differ within your state,” the legal answer may be “they don’t.” But the practical answer is: they do—based on local enforcement patterns, courtroom culture, and prosecutorial policy.
That’s why it’s so important to work with a Southern Maryland criminal defense lawyer who understands the local landscape. At Southern Maryland Criminal Defense, we know how DUI and DWI cases are handled differently in Prince George’s, Charles, Calvert, and St. Mary’s Counties. We tailor your defense accordingly, fighting for the best possible outcome in your jurisdiction.
Charged with DUI or DWI in Southern Maryland?
Don’t assume your case will be treated the same as someone in another part of the state. Let us evaluate your situation and walk you through what to expect in your specific county.
👉 Schedule a free consultation today with an experienced Southern Maryland criminal defense attorney.
