Under Maryland law, DWI and DUI are not the same thing. A Maryland DWI is a lesser charge than a DUI.
A DWI is charged in cases of impairment by alcohol at a level of .07 BAC or less, or impairment by drugs or other dangerous substances.
A DUI is charged in cases of impairment/intoxication if you are determined to have a BAC of .08 or higher. (See my DUI Laws Page for details)
Usually defendants are given citations for both DWI and DUI when they are arrested. The State usually proceeds on a DWI if there is no breath result, or a breath result of .07 to .08. However, if there is a breath result of .08 or higher, the State usually proceeds on the DUI charge.
Important Driver’s License Suspension Note: With any DWI/DUI, you have only 10 days after being arrested to request a hearing with the MVA to attempt to keep your license and challenge the initial suspension. We can help with MVA hearings as well as criminal DWI/drunk driving charges.
Maryland DWI Laws & Penalties
Driving While Impaired (DWI) Penalties
| Jail Time | Fines | |
|---|---|---|
| 1st Offense | Up to 2 months | Up to $500 |
| 2nd (or Greater) Offense |
Up to 1 year | Up to $500 |
Ref: Maryland Code §21.902b
Driving While Impaired by a Dangerous Substance or Drug
A dangerous substance can be defined as any substance other than alcohol or most drugs that impairs your ability to operate on the road safely. In some cases, it could be non-prescription or prescription drugs that affects balance, coordination, or judgment while driving your car.
| JailTime | Fines | |
| 1stOffense | Up to 1 year | Up to $1,000 |
| 2ndOffense | Minimum 5 days, up to 2 years |
Up to $2,000 |
| 3rdOffense | Minimum 10 Days, up to 3 tears |
Up to $3,000 |
Ref: Maryland Code §21-902c
Driving While Impaired by a Dangerous Substance While Transporting a Minor
There are additional penalties for a DWI by Dangerous Substance conviction if you have a minor child in the car with you when charged.
The penalties for driving while impaired while transporting a minor as as follows:
| JailTime | Fines | |
| 1stOffense | Up to 1 year | Up to $1,000 |
| 2ndOffense | Minimum 5 days, up to 2 years |
Up to $2,000 |
| 3rdOffense | Minimum 10 Days, up to 3 tears |
Up to $3,000 |
Call For a Legal Consultation on Your Maryland Drunk Driving / DWI Charges
Maryland DWI cases can be challenged and won. To find out what I can do to help you protect your rights and freedom to drive, call (888) 452-4344.
Call me at (888) 452-4344 for my legal opinion on a defense of you Maryland DUI arrest. My drunk driving case evaluation is free.