At Psoras and Psoras Law Firm, we understand how confusing and overwhelming it can be to face charges for impaired driving in Maryland. Two common charges, Driving Under the Influence (DUI) and Driving While Impaired (DWI), are often used interchangeably, but they are different and have differing legal definitions and consequences under Maryland law. Whether you or someone you care about has been charged, it’s crucial to understand the difference between these two offenses and how they can impact your life.
What Is a DUI in Maryland?
A DUI is the more severe of the two charges. In Maryland, a driver may be charged with a DUI if:
- Their blood alcohol concentration (BAC) is 0.08% or higher, or
- Their driving is substantially impaired by alcohol or drugs, even if their BAC is below 0.08%.
This charge indicates that the driver’s ability to operate a vehicle was significantly affected by intoxication.
What Is a DWI in Maryland?
A DWI is considered a lesser offense but still carries serious legal consequences. You may be charged with a DWI if:
- Your BAC is between 0.04% and 0.07%, or
- Law enforcement believes you were impaired to a lesser degree than required for a DUI.
A DWI suggests that while you were not legally intoxicated, your coordination, reaction time, or judgment were noticeably affected by alcohol or drugs.
Key Differences Between DUI and DWI
Factor
DUI
DWI
BAC Level
0.08% or higher
0.04% – 0.07%
Severity
More serious
Less serious
Maximum Jail Time (First Offense)
Up to 1 year
Up to 60 days
Maximum Fine
$1,000
$500
License Points
12 (revocation)
8 (suspension)
Legal Consequences
Both DUI and DWI charges can lead to:
- License suspension or revocation
- Fines and court fees
- Increased insurance premiums
- Mandatory alcohol education or treatment
- Possible jail time
*These consequences become more severe with repeat offenses or if the incident involved an accident, injury, or a minor passenger.
What Happens If You Refuse a Breath Test?
Maryland follows implied consent laws. This means that by operating a vehicle, you automatically agree to submit to chemical testing if suspected of impaired driving. Refusing a breath test can result in:
- Automatic 270-day license suspension (for a first offense)
- Installation of an ignition interlock device
*For more information on refusing a breath test, please see the blogpost on Refusal to take a breath test.
DUI or DWI? Why You Need a Skilled Defense Attorney
At Psoras and Psoras, we have decades of experience handling DUI and DWI cases across Maryland. Our team knows how to challenge breathalyzer results, field sobriety tests, and the validity of the traffic stop itself. We work to minimize the consequences or even get the charges reduced or dismissed depending on your case.
Contact Us for a Consultation
If you’ve been charged with DUI or DWI in Maryland, don’t leave your future to chance. At Psoras and Psoras, we are here to protect your rights, explore every legal option, and fight for the best possible outcome.