If you’ve been arrested for drunk driving in Southern Maryland, you need an experienced DUI defense attorney who knows the courts, the prosecutors, and the law. At Southern Maryland Criminal Defense, we defend clients charged with DUI, DWI, and all alcohol- and drug-related driving offenses in Charles County, Prince George’s County, Calvert County, and St. Mary’s County. With over a decade of criminal trial experience — including nine years as a Charles County prosecutor — founding attorney Jeremy Widder brings a unique perspective to every DUI case. We know how the State builds these cases because we used to build them.
Call (301) 818-0389 for a free consultation. We’re available to discuss your case today.
Maryland DUI vs. DWI: What’s the Difference?
Maryland law distinguishes between two impaired driving charges under Transportation Article § 21-902:
Driving Under the Influence (DUI) — § 21-902(a) — applies when a driver’s blood alcohol concentration (BAC) is 0.08% or higher, or when alcohol or drugs substantially impair the driver’s ability to operate a vehicle. DUI is the more serious charge, carrying up to 1 year in jail and a $1,000 fine for a first offense.
Driving While Impaired (DWI) — § 21-902(b) — applies when a driver’s BAC is between 0.04% and 0.08%, or the driver is impaired to some extent but not substantially. DWI carries up to 60 days in jail and a $500 fine for a first offense.
You can also be charged with DUI for driving under the influence of drugs — including marijuana, prescription medications, and controlled substances — under § 21-902(c) and (d), even if no alcohol is involved.
Penalties for DUI and DWI in Maryland
First Offense DUI: Up to $1,000 fine, up to 1 year in jail, 12 points on your license, mandatory participation in the Ignition Interlock Program under enhanced Noah’s Law.
Second Offense DUI: Up to $2,000 fine, up to 2 years in jail with a mandatory 5-day minimum, license revocation up to 1 year.
Third Offense DUI: Up to $3,000 fine, up to 3 years in jail with a mandatory 10-day minimum, license revocation up to 18 months.
First Offense DWI: Up to $500 fine, up to 60 days in jail, 8 points on your license.
As of October 1, 2024, enhanced Noah’s Law now requires all drivers convicted of DUI or DWI — or who receive Probation Before Judgment (PBJ) — to participate in Maryland’s Ignition Interlock Program. This is mandatory; judges no longer have discretion to waive it.
Additionally, under the Sergeant Patrick Kepp Act (effective October 1, 2025), driving 30 mph or more over the speed limit is now classified as reckless driving and carries the possibility of jail time — even without alcohol involvement. Learn more about reckless driving penalties in Maryland.
How We Defend DUI Cases
Every DUI case has vulnerabilities the State hopes you won’t discover. As former prosecutors, we know exactly where to look. Our defense strategies include:
Challenging the traffic stop. Police must have reasonable articulable suspicion to pull you over. If the stop was based on a hunch rather than an observed traffic violation or driving pattern, we can move to suppress all evidence that followed.
Questioning field sobriety tests. Standardized Field Sobriety Tests (SFSTs) are subjective and must be administered according to strict NHTSA protocols. Medical conditions, uneven surfaces, poor lighting, and officer error can all compromise results. We scrutinize every detail of how these tests were conducted.
Challenging breathalyzer and blood test results. Breathalyzer machines must be properly calibrated and maintained. The officer must follow specific procedures when administering the test. Chain-of-custody issues with blood draws, improper storage, and machine malfunctions can all provide grounds to challenge your BAC results.
Questioning probable cause for arrest. The officer must have probable cause to arrest you for DUI before requesting a chemical test. If probable cause is lacking, the arrest itself — and everything that followed — may be invalid.
Protecting your MVA hearing rights. A DUI arrest triggers two separate processes: the criminal case in court AND an administrative hearing at the Maryland Motor Vehicle Administration. You have only 10 days after your arrest to request an MVA hearing to contest your license suspension. We handle both proceedings. Learn what implied consent means for your case.
Negotiating for Probation Before Judgment (PBJ). For eligible first-time offenders, PBJ can keep a DUI conviction off your public record, prevent points from being added to your license, and help you avoid jail time. However, PBJ is not always the best option — and it counts as a prior offense if you’re ever charged again. We’ll advise you on whether PBJ makes sense for your case. Read more about PBJ in Maryland DUI cases.
DUI and Your Driving Privileges
A DUI arrest affects your license through two separate systems:
Administrative suspension (MVA): If you fail or refuse a chemical breath test, the MVA will move to suspend your license — even before your criminal case is resolved. Failing a test with a BAC of 0.08% or higher triggers a 180-day suspension for a first offense. Refusing the test triggers a 270-day suspension. You must request a hearing within 10 days to contest this.
Court-ordered suspension: If convicted of DUI, the court can impose additional license restrictions or revocation. A DUI carries 12 points — enough for an automatic license revocation.
Ignition Interlock Program: Under enhanced Noah’s Law, participation in the Ignition Interlock Program is now mandatory for anyone convicted of or receiving PBJ for DUI or DWI. The device prevents your vehicle from starting if alcohol is detected on your breath. Program duration depends on offense history: 6 months for a first offense, 1 year for a second, and 3 years for a third or subsequent offense.
Special DUI Situations in Maryland
DUI law in Maryland is more complex than most people realize. We handle every type of impaired driving case, including:
CDL holders and commercial drivers — The legal BAC limit for commercial drivers is 0.04%, half the standard limit. A first DUI can result in a 1-year CDL disqualification — and a second offense can mean lifetime revocation. If you drive for a living, the stakes are even higher. Learn about DUI impacts on CDL in Maryland.
DUI and security clearances — For government employees, contractors, and military personnel in Southern Maryland, a DUI can jeopardize your security clearance and your career. We understand these unique stakes and factor them into every defense strategy. Read about DUI and security clearances.
Boating Under the Influence (BUI) — Maryland’s impaired operating laws extend to boats, jet skis, and other watercraft. BUI carries penalties similar to DUI on the road. Learn about Maryland BUI and BWI laws.
DUI on a bike or scooter — While pedal bicycles are not classified as motor vehicles under Maryland law, motorized scooters, e-bikes, and mopeds may be — and DUI laws can apply. Can you get a DUI on a bike in Maryland?
Sleeping in your car while intoxicated — You can be charged with DUI in Maryland even if your car is parked and you’re asleep. The concept of “actual physical control” means that having access to keys while intoxicated in your vehicle can lead to arrest. Can you be arrested for DUI while sleeping in your car?
DUI under the legal limit — You can be charged with DUI even with a BAC below 0.08% if the officer believes your driving was impaired. Underage drivers face zero-tolerance policies. Learn about DUI under the limit in Maryland.
DUI Checkpoints in Maryland
Maryland permits sobriety checkpoints, and Charles County is known for conducting them regularly — particularly on Crain Highway, Route 301, and Route 5. If you’ve been arrested at a DUI checkpoint, we can examine whether the checkpoint met all legal requirements and whether your constitutional rights were respected. Things to know about DUI checkpoints in Maryland.
DUI Expungement in Maryland
As of October 1, 2024, Maryland law now allows individuals who received Probation Before Judgment for a DUI or DWI to apply for expungement 15 years after successfully completing probation. This is a significant change — previously, DUI/DWI records with PBJ were ineligible for expungement. If you have an old DUI on your record and believe you may qualify, contact us to discuss your options. Learn about the new Maryland DUI expungement law.
Common DUI Myths
There are many misconceptions about DUI law in Maryland — from the belief that you can’t be arrested in your own driveway to the idea that refusing a breathalyzer means you can’t be charged. We’ve addressed the most common myths our clients ask about. Maryland DUI myths debunked.
Why Choose Southern Maryland Criminal Defense for Your DUI Case?
Former prosecutor. Jeremy Widder spent 9 years as an Assistant State’s Attorney in Charles County, trying 60+ jury trials. He knows how prosecutors build DUI cases — and where those cases are weakest.
Exclusive criminal defense focus. We don’t handle divorces, personal injury, or real estate. Criminal defense is all we do. That focus means deeper expertise and better results for our clients.
Named to The Daily Record’s Criminal Law Power List (2024). Recognized by Maryland’s premier legal publication for criminal law excellence.
Two experienced attorneys. Founding partners Jeremy Widder and Kathryn Batey — a former Deputy District Public Defender — bring complementary prosecution and defense perspectives to every case.
We know the local courts. We practice daily in the District and Circuit Courts of Charles, Prince George’s, Calvert, and St. Mary’s Counties. We know the judges, the prosecutors, and the procedures.
Frequently Asked Questions About DUI in Maryland
How much does a DUI lawyer cost in Maryland?
Fees vary based on the complexity of your case, whether it’s a first or repeat offense, and whether the case goes to trial. We offer free consultations and transparent pricing so you know exactly what to expect.
Should I plead guilty to a DUI?
Never plead guilty without first consulting an attorney. There may be defenses available, evidence that can be challenged, or alternatives like PBJ that can protect your record.
Can a DUI be expunged in Maryland?
As of October 2024, yes — DUI/DWI cases resolved with PBJ are now eligible for expungement after 15 years. Other outcomes may also qualify depending on how the case was resolved.
Will a DUI affect my job?
It can. A DUI conviction can impact security clearances, professional licenses, CDL holders, and employment opportunities. The sooner you involve an attorney, the better your chances of minimizing these consequences.
What should I do immediately after a DUI arrest?
Write down everything you remember about the stop and arrest. Do not discuss the case with anyone except your attorney. Request an MVA hearing within 10 days. And contact a DUI defense lawyer as soon as possible.
Arrested for DUI in Southern Maryland? Call (301) 818-0389 today for a free consultation. We serve clients in Charles County, Prince George’s County, Calvert County, and St. Mary’s County — including Waldorf, La Plata, Lexington Park, Prince Frederick, Upper Marlboro, and Oxon Hill. Let us review your case and start building your defense.
