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What is the difference between a DUI and a DWI in Maryland?

On Behalf of | Jul 11, 2022 | CRIMINAL LAW - Drunk Driving

People often assume that if they stay below 0.08% blood alcohol concentration (BAC), they cannot be charged with drunk driving. However, as explained below, this is not true.

Maryland has two kinds of drunk driving charges: driving under the influence (DUI) and driving while impaired (DWI). Understanding the difference will be crucial if the police charge you:

  • Driving under the influence: If your test results show a BAC of 0.08% or more, you will automatically face a DUI charge.
  • Driving while impaired: If your test results read between 0.07%  and 0.08% BAC, the police can give you a DWI. They can also give it if you read less but are impaired by a mixture of drugs and alcohol. Under 21s would get a DWI for any amount of alcohol.

DUIs have more serious consequences if a court convicts you

A first DUI offense could result in a fine of up to $1,000, up to one year in jail, or both. A second DUI could result in a fine of up to $2,000, up to two years in jail, or both. In comparison, a first DWI offense could result in a fine of up to $500, up to two months in jail, or both. A second DWI could result in a fine of up to $500, up to one year in jail, or both.

A DUI also brings more license points – 12 compared to eight for a DWI.

What difference does it make if I am already facing charges?

Denying you did anything wrong is not always your best defense option. Sometimes, you need to look at reducing the charge.

If you face a DUI but were only just over the 0.08% BAC limit, you might look for ways to convince a court the breathalyzer reading was slightly off, and you should only face a DWI. If you can do that, you instantly reduce the penalties you could face.

Getting legal help to understand your best defense options will be crucial whether charged with a DUI or DWI.