DUI Versus DWI In Maryland: What’s The Difference And Why It Matters
While some states call it DUI and other states call it DWI, Maryland uses both terms to describe different crimes. If you’ve been charged with drunk driving in the State of Maryland, you’ve probably seen both terms used and wondered what the difference is. While both are considered serious offenses, Maryland law draws a clear line between DUI (driving under the influence) and DWI (driving while impaired). Understanding the difference can have a major impact on your future.
Legal differences between DUI and DWI
Under Maryland’s Transportation Article § 21-902, a DUI charge implies that the driver had a BAC of 0.08 or higher and was found to be “under the influence of alcohol” to the extent that it substantially impaired their ability to operate a vehicle safely.
A DWI, on the other hand, is a slightly lesser offense that is applied to drivers when their ability to operate a vehicle is impaired, but not “substantially impaired.” Typically, DWI is charged as a crime when a driver’s BAC is between 0.07% and 0.8% or when the driver’s coordination is impaired.
In other words, the State of Maryland can charge you with a crime even if you’re under 0.08 BAC at the time you’re pulled over.
Penalties for DUI and DWI
Maryland law imposes harsh penalties for both offenses. DUIs, however, carry harsher penalties. For a first-time DUI offense, you can be sentenced to up to one year in jail, $1,000 in fines, 12 points on your driver’s license (which can trigger a revocation), and a possible requirement to install an ignition interlock device on your vehicle.
For a first-time DWI, you can spend up to 60 days in jail, up to $500 in fines, and 8 points on your license (which can also trigger a suspension).
If you’ve been charged with either crime in the past, it can escalate your penalties. A second DUI conviction can mean up to two years in jail, higher fines, and a mandatory revocation of your driver’s license.
Administrative and criminal consequences
Maryland’s Motor Vehicle Administration (MVA) handles administrative penalties. These include suspensions and ignition interlock requirements. This is independent of the court process that those charged with DUI will have to go through. It means you can lose your driving privileges even if your criminal case has yet to be resolved. You only have a short window (10 days) to challenge the suspension.
Why the difference is important
Both DUI and DWI are serious crimes. Understanding which charge you’ll face impacts your legal strategy. A skilled Bel Air, Maryland DUI defense lawyer can evaluate the charges against you and determine whether the evidence is there to support the arrest. In some cases, your lawyer may be able to negotiate to have your DUI reduced to a DWI. It all depends on the circumstances of your case.
Talk to a Bel Air, MD, DUI Defense Lawyer Today
Schlaich & Thompson, Chartered, represents the interests of those charged with DUI or DWI in Maryland. Call our Bel Air criminal lawyers today to schedule an appointment, and we can begin discussing your defense strategy right away.
